Proof of Service: Liquidibee 1 Llc v. Barbers Only Magazine Llc D/B/A Barbers Only Magazine Llc, Vindell Mcgill

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                                FILED: KINGS COUNTY CLERK 04/09/2024 09:18 AM                                                        INDEX NO. 509876/2024
NYSCEF DOC. NO. 2                                                                            RECEIVED NYSCEF: 04/09/2024




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF KINGS
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          LIQUIDIBEE 1 LLC,
                                                                                Index No.: 509876/2024
                           Plaintiff,
                                                                                AFFIRMATION OF
                  -against-                                                     SERVICE

          BARBERS ONLY MAGAZINE LLC                                  D/B/A
          BARBERS ONLY MAGAZINE LLC et al,

                           Defendants.
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         STATE OF NEW YORK                   )
                                             ) ss.:
         COUNTY OF NEW YORK )

                 YESHAYA GORKIN, an attorney duly admitted to practice law before the Courts of
         the State of New York, hereby affirms, under the penalty of perjury, as follows:
                 I am a partner of Ainsworth Gorkin PLLC, attorneys for Plaintiff, am over the age of
         18, am not a party to this action, and am a resident of the State of New York.
         On, 4/8/2024, I caused to be served a true and accurate copy of the NOTICE OF
         ELECTRONIC FILING and SUMMONS WITH NOTICE upon BARBERS ONLY
         MAGAZINE LLC D/B/A BARBERS ONLY MAGAZINE LLC, by certified mail, return
         receipt requested, by depositing the same in an official depository under the exclusive care
         and custody of the United States Postal Service within the State of New York designated for
         that purpose, addressed to:

         BARBERS ONLY MAGAZINE LLC D/B/A BARBERS ONLY MAGAZINE LLC
         76 UPPER ALABAMA STREET, ATLANTA, GA 30303

                  The forgoing method of service was authorized by Defendants under the Merchant
         Agreement, which is the subject to the dispute herein (a copy of which is attached hereto as
         Exhibit A). The Appellate Division, Second Department has held that service of process by
         mail as per the terms of a written agreement is sufficient and reasonably calculated to apprise
         a defendant of the pendency of a lawsuit. See Matter of New York Merchants Protective Co.,
         Inc., v. Mima’s Kitchen, Inc., 114 A.D.3d 796 (2d Dep’t 2014); see also, Matter of Fernandez
         (Universal Underwriters Ins.) Co., 130 A.D. 2d 657 (2d Dep’t 1987).

         Dated: New York, New York
                April 9, 2024


                                                                              Yeshaya Gorkin, Esq.




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