Preview
FILED: NIAGARA COUNTY CLERK 04/17/2024 03:59 PM INDEX NO. E183166/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024
SUPREME COURT OF THE STATE OF NEW YORK Index No. _____________
COUNTY OF NIAGARA
----------------------------------------------------------X SUMMONS
GRID MARKET LLC DBA GRID FUNDING, Plaintiff designates Niagara
County as the place of trial
Plaintiffs,
-against-
JP TRAVEL SOLUTIONS LLC;
and DANIEL KLAUS III,
Defendants.
----------------------------------------------------------X
To the above-named defendant:
YOU ARE HEREBY SUMMONED to answer the annexed complaint in this action and to serve a copy
of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on
the Plaintiff’s attorney within 20 days after the service of this summons, exclusive of the day of service
(or within 30 days after the service is complete if this summons is not personally delivered to you within
the State of New York); and in case of your failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the complaint.
Dated: Houston, Texas MICHAEL SCARPATI
April 17, 2024 Attorney for Plaintiff
By: /s/ Michael Scarpati_
Michael Scarpati, Esq.
500 Lovett Blvd, Suite #225
Houston, TX 77006
Phone: 713-589-5692
Fax: 713-456-2288
mscarpati@regentlawfirm.com
New York Address:
40 Wall Street, Suite 2901
New York City, NY 10005
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FILED: NIAGARA COUNTY CLERK 04/17/2024 03:59 PM INDEX NO. E183166/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024
Defendants to be Served:
JP TRAVEL SOLUTIONS LLC
37 N Orange Ave Suite 500
Orlando, FL 32801
DANIEL KLAUS III
37 N Orange Ave Suite 500
Orlando, FL 32801
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FILED: NIAGARA COUNTY CLERK 04/17/2024 03:59 PM INDEX NO. E183166/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024
SUPREME COURT OF THE STATE OF NEW YORK Index No. _________
COUNTY OF NIAGARA
----------------------------------------------------------X COMPLAINT
GRID MARKET LLC DBA GRID FUNDING, Plaintiff designates Niagara
County as the place of trial
Plaintiffs,
-against-
JP TRAVEL SOLUTIONS LLC;
and DANIEL KLAUS III,
Defendants.
----------------------------------------------------------X
Plaintiff, GRID MARKET LLC DBA GRID FUNDING, by its attorney Michael
Scarpati, as and for its complaint, alleges as follows:
JURISDICTION AND VENUE
1. Venue is proper in this court because this is where the contract was signed, where
the Plaintiff resides, and/or where the events giving rise to Plaintiff’s claims occurred. Venue is
further proper in this court because Plaintiff designates Niagara County as the place of trial. NY
CPLR § 503(a). The court has jurisdiction over all causes of action asserted herein because this
Suit involves an amount in controversy in excess of $25,000.00. CITY CV. CT. ACT § 202.
PARTIES
2. At all times hereinafter mentioned, Plaintiff was and still is a limited liability
company authorized to do business in the State of New York.
3. Defendant DANIEL KLAUS III is an individual who resides and does business in
the State of Florida. Defendant JP TRAVEL SOLUTIONS LLC is a business situated in the
State of Florida.
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FILED: NIAGARA COUNTY CLERK 04/17/2024 03:59 PM INDEX NO. E183166/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024
FACTUAL ALLEGATIONS
FIRST CAUSE OF ACTION – BREACH OF CONTRACT
4. On or about March 5, 2024, Plaintiff and Defendant JP TRAVEL SOLUTIONS
LLC entered into an Agreement for the purchase and sale of Defendant’s future receipts (the
“Agreement”), whereby Plaintiff purchased Defendants’ future receipts in the sum of $25,483.00
and, in return, Plaintiff paid Defendants approximately $17,000.00, less some fees.
5. Payment terms under the Agreement were to consist of daily ACH debits out of
Defendant’s bank account.
6. In breach of the Agreement, after a series of payments, on or about March 14,
2024, Defendant stopped paying and went into default. Plaintiff has not been able to debit
Defendant’s bank account and has not received any payments from Defendant.
7. Plaintiff demanded repayment of money paid under the Agreement. Defendant
has failed and refused to repay the sums due under the Agreement.
8. As of March 14, 2024, there is due and owing to Plaintiff under the Agreement
the sum of $21,660.52, along with a contractual default fee of $7,000.00 and non-sufficient fund
(NSF) fees of $900.00.
9. By reason of the foregoing, Plaintiff has been damaged in the amount of
$29,560.52 plus pre-judgment interest from March 14, 2024, plus its costs and expenses of
collection, including reasonable attorney’s fees.
SECOND CAUSE OF ACTION – ACCOUNT STATED
10. Plaintiff repeats and re-alleges paragraphs 4 through 9 above, as though more
fully set forth herein at length.
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FILED: NIAGARA COUNTY CLERK 04/17/2024 03:59 PM INDEX NO. E183166/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024
11. Prior hereto, an account was stated between plaintiff and defendant for the stated
amount due under the Agreement, and upon the account stated it was found that there was due to
plaintiff from defendants the sum of $29,560.52.
12. Defendants did not object to said statement and the sum stated remains unpaid,
although the same has been demanded.
13. By reason of the foregoing, Plaintiff has been damaged in the amount of
$29,560.52 plus interest from March 14, 2024.
THIRD CAUSE OF ACTION - GUARANTY
14. Plaintiff repeats and re-alleges paragraphs 4 through 9 above, as though more
fully set forth herein at length.
15. Defendant DANIEL KLAUS III, as Guarantors executed a Guaranty (the
“Guaranty”) whereby Guarantor unconditionally and irrevocably guaranteed to plaintiff the
prompt payment and performance of all present and future obligations of the Agreement,
including but not limited to those arising under the Agreement (the “Guaranteed Obligations”)
whether the Guaranteed Obligations are found to be invalid, illegal, or unenforceable.
16. The Guaranty is guaranty of payment and not a guaranty of collection.
17. The Guaranty provides that the Guarantor shall be liable for the plaintiff’s costs of
collection, including reasonable attorney’s fees.
18. Plaintiff made demand upon defendant to pay the outstanding balance due under
the Agreement, which defendant failed and refused to do.
19. Plaintiff performed all the obligations it was required to perform under the terms
and conditions of the Guaranty.
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FILED: NIAGARA COUNTY CLERK 04/17/2024 03:59 PM INDEX NO. E183166/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024
20. By reason of the foregoing, defendant is in breach of the Guaranty. Plaintiff has
been damaged in the amount of $29,560.52. As Guarantors, DANIEL KLAUS III are now
indebted to Plaintiff for this same amount.
WHEREFORE, plaintiff demands judgment as follows:
1. On the first cause of action, against defendant in the sum of $29,560.52 plus
interest from March 14, 2024, plus plaintiff’s costs, expenses of collection, including reasonable
attorney’s fees.
2. On the second cause of action, against defendant in the sum of $29,560.52 plus
interest from March 14, 2024.
3. On the third cause of action, against defendant in the sum of $29,560.52 plus
interest from March 14, 2024.
4. Plaintiff’s costs and expenses and such other and further relief as the court may
deem just and proper.
Dated: Houston, Texas MICHAEL SCARPATI
April 17, 2024 Attorney for Plaintiff
By: /s/ Michael Scarpati_____
Michael Scarpati, Esq.
500 Lovett Blvd, Suite #225
Houston, TX 77006
Phone: 713-589-5692
Fax: 713-456-2288
mscarpati@regentlawfirm.com
New York Address:
40 Wall Street, Suite 2901
New York City, NY 10005
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Preview
FILED: NIAGARA COUNTY CLERK 04/17/2024 03:59 PM INDEX NO. E183166/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No. _____________ COUNTY OF NIAGARA ----------------------------------------------------------X SUMMONS GRID MARKET LLC DBA GRID FUNDING, Plaintiff designates Niagara County as the place of trial Plaintiffs, -against- JP TRAVEL SOLUTIONS LLC; and DANIEL KLAUS III, Defendants. ----------------------------------------------------------X To the above-named defendant: YOU ARE HEREBY SUMMONED to answer the annexed complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff’s attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Houston, Texas MICHAEL SCARPATI April 17, 2024 Attorney for Plaintiff By: /s/ Michael Scarpati_ Michael Scarpati, Esq. 500 Lovett Blvd, Suite #225 Houston, TX 77006 Phone: 713-589-5692 Fax: 713-456-2288 mscarpati@regentlawfirm.com New York Address: 40 Wall Street, Suite 2901 New York City, NY 10005 2024-0224 // JP Travel Solutions LLC 1 of 6 FILED: NIAGARA COUNTY CLERK 04/17/2024 03:59 PM INDEX NO. E183166/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 Defendants to be Served: JP TRAVEL SOLUTIONS LLC 37 N Orange Ave Suite 500 Orlando, FL 32801 DANIEL KLAUS III 37 N Orange Ave Suite 500 Orlando, FL 32801 2024-0224 // JP Travel Solutions LLC 2 of 6 FILED: NIAGARA COUNTY CLERK 04/17/2024 03:59 PM INDEX NO. E183166/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No. _________ COUNTY OF NIAGARA ----------------------------------------------------------X COMPLAINT GRID MARKET LLC DBA GRID FUNDING, Plaintiff designates Niagara County as the place of trial Plaintiffs, -against- JP TRAVEL SOLUTIONS LLC; and DANIEL KLAUS III, Defendants. ----------------------------------------------------------X Plaintiff, GRID MARKET LLC DBA GRID FUNDING, by its attorney Michael Scarpati, as and for its complaint, alleges as follows: JURISDICTION AND VENUE 1. Venue is proper in this court because this is where the contract was signed, where the Plaintiff resides, and/or where the events giving rise to Plaintiff’s claims occurred. Venue is further proper in this court because Plaintiff designates Niagara County as the place of trial. NY CPLR § 503(a). The court has jurisdiction over all causes of action asserted herein because this Suit involves an amount in controversy in excess of $25,000.00. CITY CV. CT. ACT § 202. PARTIES 2. At all times hereinafter mentioned, Plaintiff was and still is a limited liability company authorized to do business in the State of New York. 3. Defendant DANIEL KLAUS III is an individual who resides and does business in the State of Florida. Defendant JP TRAVEL SOLUTIONS LLC is a business situated in the State of Florida. 2024-0224 // JP Travel Solutions LLC 3 of 6 FILED: NIAGARA COUNTY CLERK 04/17/2024 03:59 PM INDEX NO. E183166/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 FACTUAL ALLEGATIONS FIRST CAUSE OF ACTION – BREACH OF CONTRACT 4. On or about March 5, 2024, Plaintiff and Defendant JP TRAVEL SOLUTIONS LLC entered into an Agreement for the purchase and sale of Defendant’s future receipts (the “Agreement”), whereby Plaintiff purchased Defendants’ future receipts in the sum of $25,483.00 and, in return, Plaintiff paid Defendants approximately $17,000.00, less some fees. 5. Payment terms under the Agreement were to consist of daily ACH debits out of Defendant’s bank account. 6. In breach of the Agreement, after a series of payments, on or about March 14, 2024, Defendant stopped paying and went into default. Plaintiff has not been able to debit Defendant’s bank account and has not received any payments from Defendant. 7. Plaintiff demanded repayment of money paid under the Agreement. Defendant has failed and refused to repay the sums due under the Agreement. 8. As of March 14, 2024, there is due and owing to Plaintiff under the Agreement the sum of $21,660.52, along with a contractual default fee of $7,000.00 and non-sufficient fund (NSF) fees of $900.00. 9. By reason of the foregoing, Plaintiff has been damaged in the amount of $29,560.52 plus pre-judgment interest from March 14, 2024, plus its costs and expenses of collection, including reasonable attorney’s fees. SECOND CAUSE OF ACTION – ACCOUNT STATED 10. Plaintiff repeats and re-alleges paragraphs 4 through 9 above, as though more fully set forth herein at length. 2024-0224 // JP Travel Solutions LLC 4 of 6 FILED: NIAGARA COUNTY CLERK 04/17/2024 03:59 PM INDEX NO. E183166/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 11. Prior hereto, an account was stated between plaintiff and defendant for the stated amount due under the Agreement, and upon the account stated it was found that there was due to plaintiff from defendants the sum of $29,560.52. 12. Defendants did not object to said statement and the sum stated remains unpaid, although the same has been demanded. 13. By reason of the foregoing, Plaintiff has been damaged in the amount of $29,560.52 plus interest from March 14, 2024. THIRD CAUSE OF ACTION - GUARANTY 14. Plaintiff repeats and re-alleges paragraphs 4 through 9 above, as though more fully set forth herein at length. 15. Defendant DANIEL KLAUS III, as Guarantors executed a Guaranty (the “Guaranty”) whereby Guarantor unconditionally and irrevocably guaranteed to plaintiff the prompt payment and performance of all present and future obligations of the Agreement, including but not limited to those arising under the Agreement (the “Guaranteed Obligations”) whether the Guaranteed Obligations are found to be invalid, illegal, or unenforceable. 16. The Guaranty is guaranty of payment and not a guaranty of collection. 17. The Guaranty provides that the Guarantor shall be liable for the plaintiff’s costs of collection, including reasonable attorney’s fees. 18. Plaintiff made demand upon defendant to pay the outstanding balance due under the Agreement, which defendant failed and refused to do. 19. Plaintiff performed all the obligations it was required to perform under the terms and conditions of the Guaranty. 2024-0224 // JP Travel Solutions LLC 5 of 6 FILED: NIAGARA COUNTY CLERK 04/17/2024 03:59 PM INDEX NO. E183166/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 20. By reason of the foregoing, defendant is in breach of the Guaranty. Plaintiff has been damaged in the amount of $29,560.52. As Guarantors, DANIEL KLAUS III are now indebted to Plaintiff for this same amount. WHEREFORE, plaintiff demands judgment as follows: 1. On the first cause of action, against defendant in the sum of $29,560.52 plus interest from March 14, 2024, plus plaintiff’s costs, expenses of collection, including reasonable attorney’s fees. 2. On the second cause of action, against defendant in the sum of $29,560.52 plus interest from March 14, 2024. 3. On the third cause of action, against defendant in the sum of $29,560.52 plus interest from March 14, 2024. 4. Plaintiff’s costs and expenses and such other and further relief as the court may deem just and proper. Dated: Houston, Texas MICHAEL SCARPATI April 17, 2024 Attorney for Plaintiff By: /s/ Michael Scarpati_____ Michael Scarpati, Esq. 500 Lovett Blvd, Suite #225 Houston, TX 77006 Phone: 713-589-5692 Fax: 713-456-2288 mscarpati@regentlawfirm.com New York Address: 40 Wall Street, Suite 2901 New York City, NY 10005 2024-0224 // JP Travel Solutions LLC 6 of 6