On June 14, 2024 a
Summons
was filed
involving a dispute between
Cadence Bank,
and
Adrian Masar,
Rsm Global, Llc,
for Other Matters - Contract - Other
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 06/14/2024 09:49 AM INDEX NO. 516498/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
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FILED: KINGS COUNTY CLERK 06/14/2024 09:49 AM INDEX NO. 516498/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
CADENCE BANK, )
)
Plaintiff, )
)
)
v.
)
Case No:
)
RSM GLOBAL, LLC and ADRIAN )
MASAR, )
)
Defendants. )
COMPLAINT
Cadence Bank (“Plaintiff”), by and through counsel, shows the following:
PARTIES AND JURISDICTION
1.
Defendant RSM Global, LLC (“RSM”) is subject to the jurisdiction of this Court and may
receive service of process in the care of Adrian Masar, at 2306 Avenue S., Brooklyn, New York
11229. Defendant Adrian Masar (“Masar”) is subject to the jurisdiction of this Court and may
receive service of process at 2306 Avenue S., Brooklyn, New York 11229.
2.
Venue is proper as the defendants are jointly obligated to Plaintiff under Contract, and all
defendants reside within the judicial district of this Court.
FACTS
3.
On or about July 31, 2018, RSM executed a contract (the “Contract”) with Plaintiff or
Plaintiff’s predecessor-in-interest in order to obtain a loan for the benefit of RSM. A true and
correct copy of the Contract is attached hereto as Exhibit “A.”
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FILED: KINGS COUNTY CLERK 06/14/2024 09:49 AM INDEX NO. 516498/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
4.
Additionally, as part of the same transaction, RSM entered into a Commercial Security
Agreement with Plaintiff or Plaintiff’s predecessor-in-interest in order to obtain a loan for the
benefit of RSM. A true and correct copy of the Commercial Security Agreement is attached hereto
as Exhibit “B.”
5.
The Contract required that RSM repay the subject extension of credit.
6.
Masar personally guaranteed RSM’s performance of its obligations under the Contract,
including but not limited to the obligation to repay any debt owed thereunder. A true and correct
copy of the operative personal guaranty (the “Guaranty”) is attached hereto as Exhibit “C.”
7.
RSM utilized the extension of credit and borrowed funds under the Contract.
8.
The Contract was breached, accelerated, and charged-off on December 4, 2023, as a result
of RSM’s failure to abide by the Contract’s monthly minimum payment requirements.
9.
Masar failed to rectify this breach, and thereby breached the personal payment obligation
under the Guaranty.
10.
A copy of the Transactional History for the Contract is attached hereto as Exhibit “D” and
demonstrates that Defendants presently owe $96,126.81 to Plaintiff as a result of Defendants’
breach of the Contract and the Guaranty.
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FILED: KINGS COUNTY CLERK 06/14/2024 09:49 AM INDEX NO. 516498/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
COUNT I:
BREACH OF CONTRACT BY RSM
11.
Plaintiff incorporates by reference Paragraphs 1 through 10 as if fully set forth herein.
12.
Plaintiff or its predecessor-in-interest and RSM entered into the Contract.
13.
RSM breached the terms and conditions of the Contract, and any modifications thereto (if
any), by failing to make the required payments or otherwise satisfy the terms of the Contract.
14.
Plaintiff further shows that it has performed all conditions precedent necessary to
commence this action, or that all conditions precedent have otherwise occurred.
15.
As a result of RSM’s breach of the Contract, Plaintiff suffered damages of $96,126.81, plus
continuing interest as set forth in the Contract.
COUNT II:
BREACH OF GUARANTY BY MASAR
16.
Plaintiff incorporates by reference Paragraphs 1 through 10 as if fully set forth herein.
17.
RSM breached its obligation to repay the debt incurred under the Contract.
18.
Masar fully and unconditionally guaranteed RSM’s repayment of all funds borrowed under
the Contract.
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FILED: KINGS COUNTY CLERK 06/14/2024 09:49 AM INDEX NO. 516498/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
19.
Masar failed to repay the debt owed under the Contract.
20.
As a result of Masar’s breach of the personal guaranty, Plaintiff suffered damages of
$96,126.81, plus continuing interest as set forth in the Contract.
WHEREFORE, Plaintiff demands:
A. Judgment against Defendants in the amount of $96,126.81, plus continuing
interest to the extent allowed under the Contract; and
B. Any and all other relief that this Court deems appropriate.
Respectfully submitted,
BURKE MOORE LAW GROUP, LLP
/s/ Matthew Poletti
Matthew Poletti
New York Reg. No. 6045397
Counsel for Plaintiff
Burke Moore Law Group, LLP
235 Peachtree St., NE, Ste. 1900
Atlanta, GA 30303
Tel: 877-219-5222
pleadings@burkemoore.com
757 Third Ave
20th Floor
New York, NY 10022
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Document Filed Date
June 14, 2024
Case Filing Date
June 14, 2024
Category
Other Matters - Contract - Other
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Preview
FILED: KINGS COUNTY CLERK 06/14/2024 09:49 AM INDEX NO. 516498/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 1 of 5 FILED: KINGS COUNTY CLERK 06/14/2024 09:49 AM INDEX NO. 516498/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS CADENCE BANK, ) ) Plaintiff, ) ) ) v. ) Case No: ) RSM GLOBAL, LLC and ADRIAN ) MASAR, ) ) Defendants. ) COMPLAINT Cadence Bank (“Plaintiff”), by and through counsel, shows the following: PARTIES AND JURISDICTION 1. Defendant RSM Global, LLC (“RSM”) is subject to the jurisdiction of this Court and may receive service of process in the care of Adrian Masar, at 2306 Avenue S., Brooklyn, New York 11229. Defendant Adrian Masar (“Masar”) is subject to the jurisdiction of this Court and may receive service of process at 2306 Avenue S., Brooklyn, New York 11229. 2. Venue is proper as the defendants are jointly obligated to Plaintiff under Contract, and all defendants reside within the judicial district of this Court. FACTS 3. On or about July 31, 2018, RSM executed a contract (the “Contract”) with Plaintiff or Plaintiff’s predecessor-in-interest in order to obtain a loan for the benefit of RSM. A true and correct copy of the Contract is attached hereto as Exhibit “A.” 2 of 5 FILED: KINGS COUNTY CLERK 06/14/2024 09:49 AM INDEX NO. 516498/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 4. Additionally, as part of the same transaction, RSM entered into a Commercial Security Agreement with Plaintiff or Plaintiff’s predecessor-in-interest in order to obtain a loan for the benefit of RSM. A true and correct copy of the Commercial Security Agreement is attached hereto as Exhibit “B.” 5. The Contract required that RSM repay the subject extension of credit. 6. Masar personally guaranteed RSM’s performance of its obligations under the Contract, including but not limited to the obligation to repay any debt owed thereunder. A true and correct copy of the operative personal guaranty (the “Guaranty”) is attached hereto as Exhibit “C.” 7. RSM utilized the extension of credit and borrowed funds under the Contract. 8. The Contract was breached, accelerated, and charged-off on December 4, 2023, as a result of RSM’s failure to abide by the Contract’s monthly minimum payment requirements. 9. Masar failed to rectify this breach, and thereby breached the personal payment obligation under the Guaranty. 10. A copy of the Transactional History for the Contract is attached hereto as Exhibit “D” and demonstrates that Defendants presently owe $96,126.81 to Plaintiff as a result of Defendants’ breach of the Contract and the Guaranty. 3 of 5 FILED: KINGS COUNTY CLERK 06/14/2024 09:49 AM INDEX NO. 516498/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 COUNT I: BREACH OF CONTRACT BY RSM 11. Plaintiff incorporates by reference Paragraphs 1 through 10 as if fully set forth herein. 12. Plaintiff or its predecessor-in-interest and RSM entered into the Contract. 13. RSM breached the terms and conditions of the Contract, and any modifications thereto (if any), by failing to make the required payments or otherwise satisfy the terms of the Contract. 14. Plaintiff further shows that it has performed all conditions precedent necessary to commence this action, or that all conditions precedent have otherwise occurred. 15. As a result of RSM’s breach of the Contract, Plaintiff suffered damages of $96,126.81, plus continuing interest as set forth in the Contract. COUNT II: BREACH OF GUARANTY BY MASAR 16. Plaintiff incorporates by reference Paragraphs 1 through 10 as if fully set forth herein. 17. RSM breached its obligation to repay the debt incurred under the Contract. 18. Masar fully and unconditionally guaranteed RSM’s repayment of all funds borrowed under the Contract. 4 of 5 FILED: KINGS COUNTY CLERK 06/14/2024 09:49 AM INDEX NO. 516498/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 19. Masar failed to repay the debt owed under the Contract. 20. As a result of Masar’s breach of the personal guaranty, Plaintiff suffered damages of $96,126.81, plus continuing interest as set forth in the Contract. WHEREFORE, Plaintiff demands: A. Judgment against Defendants in the amount of $96,126.81, plus continuing interest to the extent allowed under the Contract; and B. Any and all other relief that this Court deems appropriate. Respectfully submitted, BURKE MOORE LAW GROUP, LLP /s/ Matthew Poletti Matthew Poletti New York Reg. No. 6045397 Counsel for Plaintiff Burke Moore Law Group, LLP 235 Peachtree St., NE, Ste. 1900 Atlanta, GA 30303 Tel: 877-219-5222 pleadings@burkemoore.com 757 Third Ave 20th Floor New York, NY 10022 5 of 5