On February 15, 2024 a
Party Notice
was filed
involving a dispute between
Sellersfunding International Portfolio Ltd.,
and
Bob Choo Inc
D B A Advanced Play,
Ephraim Greenfeld,
for Other Matters - Contract - Other
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 04/25/2024 10:20 AM INDEX NO. 504662/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/25/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------X
SELLERSFUNDING INTERNATIONAL PORTFOLIO
LTD. Index No.:504662/2024
Plaintiff,
PLAINTIFF’S NOTICE
TO ADMIT
- against-
BOB CHOO INC D/B/A ADVANCED PLAY and
EPHRAIM GREENFELD
Defendants.
----------------------------------------------------------------------X
Pursuant to CPLR § 3123, Berkovitch & Bouskila PLLC., attorney for
SELLERSFUNDING INTERNATIONAL PORTFOLIO LTD.(“Plaintiff”) request that the
defendants within 20 days after service of this request, make the following admissions for the
purpose of this action:
1. Pursuant to the Agreement dated January 27, 2023, Defendants BOB CHOO INC
D/B/A ADVANCED PLAY (“Merchant”) agreed to sell $49,870.43 of Merchant’s receivables to
Plaintiff.
2. The documents attached as Exhibit A are true and accurate copies of the
Agreement entered into between Plaintiff, Merchant, and EPHRAIM GREENFELD
(“Guarantor”).
3. The document attached as A is a true and accurate copy of the Agreement that was
executed by the Guarantor, on behalf of Merchant and individually as a guarantor of performance.
4. The agreement provided that Defendants were to remit % of their receivables to
Plaintiff.
5. Defendants have only remitted to Plaintiff $11,102.14 of the purchased receivables
1 of 2
FILED: KINGS COUNTY CLERK 04/25/2024 10:20 AM INDEX NO. 504662/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/25/2024
to Plaintiff.
6. Defendants ceased remitting the purchased percentage of receivables to Plaintiff in
or around October 12, 2023.
7. The transaction history annexed hereto as Exhibit B accurately reflects remittances
made by Merchant to Plaintiff.
8. Since October 12, 2023, Merchant has not remitted any portion of the purchased
receivables to Plaintiff.
9. Defendants collected revenue, receivables, and other income from October 12, 2023,
to present.
10. The defendants have not performed under the terms of the Agreement attached as
Exhibit A.
11. Pursuant to the agreement, the Defendants incurred attorney’s fees in the amount
25% of the Purchase Amount then outstanding in the amount of $9,692.07.
12. Between January 27, 2023, and April 23, 2024, Merchant generated gross revenue
in the amount of .
13. There remains a balance on the Agreement of $48,460.36 including attorney’s fees.
15. There are no other Agreements between Plaintiff and the Defendants that are at issue
in this litigation.
Dated: Pomona, New York
April 25, 2024
/s/ Ariel Bouskila
Ariel Bouskila, Esq.
Berkovitch & Bouskila PLLC
Attorneys for Plaintiff
1545 U.S. 202 Suite 101
TO: (VIA NYSCEF) Pomona NY 10970
All appearing parties 212-729-1477
2 of 2
Document Filed Date
April 25, 2024
Case Filing Date
February 15, 2024
Category
Other Matters - Contract - Other
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FILED: KINGS COUNTY CLERK 04/25/2024 10:20 AM INDEX NO. 504662/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------X SELLERSFUNDING INTERNATIONAL PORTFOLIO LTD. Index No.:504662/2024 Plaintiff, PLAINTIFF’S NOTICE TO ADMIT - against- BOB CHOO INC D/B/A ADVANCED PLAY and EPHRAIM GREENFELD Defendants. ----------------------------------------------------------------------X Pursuant to CPLR § 3123, Berkovitch & Bouskila PLLC., attorney for SELLERSFUNDING INTERNATIONAL PORTFOLIO LTD.(“Plaintiff”) request that the defendants within 20 days after service of this request, make the following admissions for the purpose of this action: 1. Pursuant to the Agreement dated January 27, 2023, Defendants BOB CHOO INC D/B/A ADVANCED PLAY (“Merchant”) agreed to sell $49,870.43 of Merchant’s receivables to Plaintiff. 2. The documents attached as Exhibit A are true and accurate copies of the Agreement entered into between Plaintiff, Merchant, and EPHRAIM GREENFELD (“Guarantor”). 3. The document attached as A is a true and accurate copy of the Agreement that was executed by the Guarantor, on behalf of Merchant and individually as a guarantor of performance. 4. The agreement provided that Defendants were to remit % of their receivables to Plaintiff. 5. Defendants have only remitted to Plaintiff $11,102.14 of the purchased receivables 1 of 2 FILED: KINGS COUNTY CLERK 04/25/2024 10:20 AM INDEX NO. 504662/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/25/2024 to Plaintiff. 6. Defendants ceased remitting the purchased percentage of receivables to Plaintiff in or around October 12, 2023. 7. The transaction history annexed hereto as Exhibit B accurately reflects remittances made by Merchant to Plaintiff. 8. Since October 12, 2023, Merchant has not remitted any portion of the purchased receivables to Plaintiff. 9. Defendants collected revenue, receivables, and other income from October 12, 2023, to present. 10. The defendants have not performed under the terms of the Agreement attached as Exhibit A. 11. Pursuant to the agreement, the Defendants incurred attorney’s fees in the amount 25% of the Purchase Amount then outstanding in the amount of $9,692.07. 12. Between January 27, 2023, and April 23, 2024, Merchant generated gross revenue in the amount of . 13. There remains a balance on the Agreement of $48,460.36 including attorney’s fees. 15. There are no other Agreements between Plaintiff and the Defendants that are at issue in this litigation. Dated: Pomona, New York April 25, 2024 /s/ Ariel Bouskila Ariel Bouskila, Esq. Berkovitch & Bouskila PLLC Attorneys for Plaintiff 1545 U.S. 202 Suite 101 TO: (VIA NYSCEF) Pomona NY 10970 All appearing parties 212-729-1477 2 of 2