Preview
FILED: NASSAU COUNTY CLERK 06/19/2024 12:46 PM INDEX NO. 610695/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
EN ODCAPITAL Index No.:
Plaintiff
-against- Date Purchased
BUDDY'S ROOFING& REPAIRSINC SUMMONS
and
BUDDY PATRICK CHEAVES
Defendant(s)
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff
attorney, at the address stated below, an answer to the attached complaint. If this
summons was personally delivered upon you in the State of New York, the answer must
be served within twenty days after such service of the summons, excluding the date of
service. If the summons was not personally delivered to you within the State of New
York, the answer must be served within thirty days after service of the summons is
complete as provided by law.
If you do not serve an answer to the attached complaint within the applicable time
limitation stated above, a judgment may be entered against you, by default, for the relief
demanded in the complaint, without further notice to you.
The basis for venue is pursuant to the Contract entered into between the parties.
Dated: Brooklyn, New York
June 18, 2024
/s/jack madeb
Jack Madeb, Esq.
Madeb Law, PLLC
Attorney for Plaintiff
2433 Knapp Street, Suite 203A
Brooklyn, New York 11235
Phone: (929) 640-7210
File No.: EOC-66
Defendants to be served:
BUDDY PATRICK CHEAVES
BUDDY'S ROOFING & REPAIRS
12933 THONOTOSASSA RD,
INC
DOVER, FL 33527
12933 THONOTOSASSA RD,
DOVER, FL 33527
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FILED: NASSAU COUNTY CLERK 06/19/2024 12:46 PM INDEX NO. 610695/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
EN OD CAPITAL
Plaintiff Index No.:
-against-
BUDDY'S ROOFING& REPAIRSINC
and VERIFIED COMPLAINT
BUDDY PATRICK CHEAVES
Defendant(s)
Plaintiff EN OD CAPITAL ("Plaintiff”), by its attorney, Jack Madeb, Esq., for its
complaint herein against BUDDY'S ROOFING & REPAIRS INC (referred to collectively as
"Company Defendant") and BUDDY PATRICK CHEAVES ("Guarantor") (Company
Defendant and Guarantor, collectively "Defendants"), alleges as follows:
The Parties
1. At all relevant times, Plaintiff was and is an entity authorized to do business in the State of
New York.
2. Upon information and belief, at all relevant times, Company Defendant was and is a
company organized and existing under the laws of the State of FL.
3. Upon information and belief, at all relevant times, Guarantor were and are individuals
residing in the State of FL.
4. Venue is proper pursuant to the Agreement, dated May 31, 2024, entered into by and
between the parties.
5. This Court maintains personal jurisdiction over the Defendants in this action pursuant to
the Agreement entered into by and between the parties.
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The Facts
6. On or about May 31, 2024, Plaintiff and Defendants entered into an agreement (the
“Agreement”) whereby Plaintiff agreed to purchase all rights to Company Defendant’s
future receivables, having an agreed upon value of $45,000.00. A copy of the Agreement
is annexed hereto as Exhibit “A.”
7. Pursuant to the Agreement, Company Defendant agreed to remit to Plaintiff the purchase
price for the future receivables to Company Defendant as agreed. Company Defendant
further agreed to have one bank account approved by Plaintiff (the "Bank Account"),
from which Company Defendant authorized Plaintiff to make ACH withdrawals of the
specified percentage of receivables until $56,250.00 ("Purchased Amount") was fully
paid to Plaintiff.
8. In addition, Guarantor agreed to guarantee any and all amounts owed to Plaintiff from
Company Defendant upon a breach in performance by Company Defendant.
9. Plaintiff remitted the Purchase Price for the future receivables to Company Defendant
as agreed. Initially, Company Defendant met its obligations under the Agreement.
10. Company Defendant ceased remitting to Plaintiff the Plaintiff's share of Purchased
Receivables and otherwise breached the Agreement by failing to perform its obligations
under the terms of the Agreement, by intentionally impeding and depriving Plaintiff of
its daily withdrawals from the specified bank account, all while conducting regular
business operations and collecting revenue.
11. Company Defendant remitted $4,017.85 of the receivables purchased by Plaintiff,
leaving a balance of unremitted receivables in the amount of $52,232.15. In addition,
pursuant to Section 33 of the Agreement, Company Defendant incurred Default Fees in
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FILED: NASSAU COUNTY CLERK 06/19/2024 12:46 PM INDEX NO. 610695/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024
the amount of $13,058.04, which, upon the occurrence of an event of default, is
calculated as twenty-five (25%) of the remaining balance of the purchased amount of
future receivables to be applied to the balance owed to Plaintiff. This is due to the
Company Defendant’s failure to direct the agreed upon payment(s) to Plaintiff by
changing its bank account from the specified bank account, by placing a stop payment
on Plaintiff’s debits to the account, or by otherwise taking measures to interfere with
Plaintiff’s ability to collect the Future Receivables.
12. Despite due demand, Company Defendant has failed to remit the purchased amount due
and owing by Company Defendant to Plaintiff under the Agreement.
13. Additionally, Guarantor were responsible for all amounts incurred as a result of any
breach of the Company Defendant.
14. There remains a balance due and owing to Plaintiff on the Agreement in the amount of
$65,290.19 plus interest, costs, and disbursements.
AS AND FOR THE FIRST CAUSE OF ACTION
(Breach of Contract)
15. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 14 of this complaint as though fully set forth at length herein.
16. Plaintiff gave fair consideration to Company Defendant which was tendered for the
right to receive the aforementioned receivables. Accordingly, Plaintiff fully
performed under the Agreement.
17. Upon information and belief, Company Defendant is still conducting regular
business operations and still collecting receivables.
18. Company Defendant has materially breached the Agreement by failing to remit to
Plaintiff the Plaintiff's share of Future Receivables, as required under the Agreement
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FILED: NASSAU COUNTY CLERK 06/19/2024 12:46 PM INDEX NO. 610695/2024
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and otherwise intentionally impeding and preventing Plaintiff from receiving the
proceeds of the receivables purchased by them.
19. By reason of the foregoing, Plaintiff has suffered damages in the amount of
$65,290.19, plus interest, costs, and disbursements.
AS FOR THE SECOND CAUSE OF ACTION
(Personal Guarantee)
20. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 19 of this complaint as though fully set forth at length herein.
21. Pursuant to the Agreement, Guarantor personally guaranteed that Company Defendant
would perform its obligations thereunder and that he would be personally liable for any
loss suffered by Plaintiff as a result of a breach by Company Defendant.
22. Company Defendant has breached the Agreement as detailed above.
23. By reason of the foregoing, Plaintiff is entitled to judgment against Guarantor based on
his personal guarantee in the sum of $65,290.19, plus interest, costs, and disbursements.
[THIS SPACE WAS LEFT BLANK INTENTIONALLY]
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024
WHEREFORE, plaintiff EN OD CAPITAL requests judgment against defendants BUDDY'S
ROOFING & REPAIRS INC and BUDDY PATRICK CHEAVES as follows:
i) On the first cause of action of the complaint, Plaintiff requests judgment
against Company Defendant in the amount of $65,290.19, plus interest,
costs, and disbursements.
ii) On the second cause of action of the complaint, Plaintiffs request
judgment against Guarantor in the amount of $65,290.19, plus interest,
costs, and disbursements.
iii) For such other and further relief as this Court deems just and proper.
Dated: Brooklyn, New York
June 18, 2024
______/s/ jack madeb_________________
Jack Madeb, Esq.
Madeb Law, PLLC
Attorney for Plaintiff
2433 Knapp Street, Suite 203A
Brooklyn, New York 11235
Phone: (929) 640-7210
File No.: EOC-66
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FILED: NASSAU COUNTY CLERK 06/19/2024 12:46 PM INDEX NO. 610695/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
EN OD CAPITAL
Plaintiff Index No.:
-against-
BUDDY'S ROOFING& REPAIRSINC
and
BUDDY PATRICK CHEAVES
Defendant(s)
NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY
ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced
by filing of the accompanying documents with the County Clerk, is subject to mandatory electronic
filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being
served as required by Subdivision (b)(3) of that Section.
The New York State Courts Electronic Filing System ("NYSCEF") is designed for the
electronic filing of documents with the County Clerk and the court and for the electronic service
of those documents, court documents, and court notices upon counsel and self-represented parties.
Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required
by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on
the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic
notice of document filings.
Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith
that they lack the computer equipment and (along with all employees) the requisite knowledge to
comply; and 2) self-represented parties who choose not to participate in e-filing. For additional
information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF
website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or
efile@courts.state.ny.us.
Dated: Brooklyn, New York
June 18, 2024
______/s/ jack madeb______________
Jack Madeb, Esq.
Madeb Law, PLLC
Attorney for Plaintiff
2433 Knapp Street, Suite 203A
Brooklyn, New York 11235
Phone: (929) 640-7210
File No.: EOC-66
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FILED: NASSAU COUNTY CLERK 06/19/2024 12:46 PM INDEX NO. 610695/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024
SUPREMECOURT
OFTHESTATE OFNFEYORK
COUNTYOFNASSAU
ENODCAPITAL
Plainst Index No.
-against.
BUDDYSROOFING
& REPAIRS INC
and VERIFICATION BYA PARTY
BUDDYPATRICK CHEAVES
Defendantfs)
STATEOF
SS.:
COUNTYOF )
YAKOVJACKI MOKAl, being duly swomsmtes that he is an Authorized Officer of
Plaintifrin the within action. have read the foregoing
I Verified Complaim and know the
cantents thereof; the same is true to my own knowledge. except as mmatters therein stated to be
alleged upon information and belief, and as to those matters, I believe them to be tme.
The foregoing statements are true under penalties of perjury.
By:
YAKOVJACKI MOKAl
Swomto before methis
N9ûry Public Jack Madeb
State of NewYork
Notary Pubilt.
02MA0013397
Reg No
Quahfiec in King County
Commission Expires 09'12/2027
Scanned with CamScanner
8 of 8
Preview
FILED: NASSAU COUNTY CLERK 06/19/2024 12:46 PM INDEX NO. 610695/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU EN ODCAPITAL Index No.: Plaintiff -against- Date Purchased BUDDY'S ROOFING& REPAIRSINC SUMMONS and BUDDY PATRICK CHEAVES Defendant(s) TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff attorney, at the address stated below, an answer to the attached complaint. If this summons was personally delivered upon you in the State of New York, the answer must be served within twenty days after such service of the summons, excluding the date of service. If the summons was not personally delivered to you within the State of New York, the answer must be served within thirty days after service of the summons is complete as provided by law. If you do not serve an answer to the attached complaint within the applicable time limitation stated above, a judgment may be entered against you, by default, for the relief demanded in the complaint, without further notice to you. The basis for venue is pursuant to the Contract entered into between the parties. Dated: Brooklyn, New York June 18, 2024 /s/jack madeb Jack Madeb, Esq. Madeb Law, PLLC Attorney for Plaintiff 2433 Knapp Street, Suite 203A Brooklyn, New York 11235 Phone: (929) 640-7210 File No.: EOC-66 Defendants to be served: BUDDY PATRICK CHEAVES BUDDY'S ROOFING & REPAIRS 12933 THONOTOSASSA RD, INC DOVER, FL 33527 12933 THONOTOSASSA RD, DOVER, FL 33527 1 of 8 FILED: NASSAU COUNTY CLERK 06/19/2024 12:46 PM INDEX NO. 610695/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU EN OD CAPITAL Plaintiff Index No.: -against- BUDDY'S ROOFING& REPAIRSINC and VERIFIED COMPLAINT BUDDY PATRICK CHEAVES Defendant(s) Plaintiff EN OD CAPITAL ("Plaintiff”), by its attorney, Jack Madeb, Esq., for its complaint herein against BUDDY'S ROOFING & REPAIRS INC (referred to collectively as "Company Defendant") and BUDDY PATRICK CHEAVES ("Guarantor") (Company Defendant and Guarantor, collectively "Defendants"), alleges as follows: The Parties 1. At all relevant times, Plaintiff was and is an entity authorized to do business in the State of New York. 2. Upon information and belief, at all relevant times, Company Defendant was and is a company organized and existing under the laws of the State of FL. 3. Upon information and belief, at all relevant times, Guarantor were and are individuals residing in the State of FL. 4. Venue is proper pursuant to the Agreement, dated May 31, 2024, entered into by and between the parties. 5. This Court maintains personal jurisdiction over the Defendants in this action pursuant to the Agreement entered into by and between the parties. 2 of 8 FILED: NASSAU COUNTY CLERK 06/19/2024 12:46 PM INDEX NO. 610695/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 The Facts 6. On or about May 31, 2024, Plaintiff and Defendants entered into an agreement (the “Agreement”) whereby Plaintiff agreed to purchase all rights to Company Defendant’s future receivables, having an agreed upon value of $45,000.00. A copy of the Agreement is annexed hereto as Exhibit “A.” 7. Pursuant to the Agreement, Company Defendant agreed to remit to Plaintiff the purchase price for the future receivables to Company Defendant as agreed. Company Defendant further agreed to have one bank account approved by Plaintiff (the "Bank Account"), from which Company Defendant authorized Plaintiff to make ACH withdrawals of the specified percentage of receivables until $56,250.00 ("Purchased Amount") was fully paid to Plaintiff. 8. In addition, Guarantor agreed to guarantee any and all amounts owed to Plaintiff from Company Defendant upon a breach in performance by Company Defendant. 9. Plaintiff remitted the Purchase Price for the future receivables to Company Defendant as agreed. Initially, Company Defendant met its obligations under the Agreement. 10. Company Defendant ceased remitting to Plaintiff the Plaintiff's share of Purchased Receivables and otherwise breached the Agreement by failing to perform its obligations under the terms of the Agreement, by intentionally impeding and depriving Plaintiff of its daily withdrawals from the specified bank account, all while conducting regular business operations and collecting revenue. 11. Company Defendant remitted $4,017.85 of the receivables purchased by Plaintiff, leaving a balance of unremitted receivables in the amount of $52,232.15. In addition, pursuant to Section 33 of the Agreement, Company Defendant incurred Default Fees in 3 of 8 FILED: NASSAU COUNTY CLERK 06/19/2024 12:46 PM INDEX NO. 610695/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 the amount of $13,058.04, which, upon the occurrence of an event of default, is calculated as twenty-five (25%) of the remaining balance of the purchased amount of future receivables to be applied to the balance owed to Plaintiff. This is due to the Company Defendant’s failure to direct the agreed upon payment(s) to Plaintiff by changing its bank account from the specified bank account, by placing a stop payment on Plaintiff’s debits to the account, or by otherwise taking measures to interfere with Plaintiff’s ability to collect the Future Receivables. 12. Despite due demand, Company Defendant has failed to remit the purchased amount due and owing by Company Defendant to Plaintiff under the Agreement. 13. Additionally, Guarantor were responsible for all amounts incurred as a result of any breach of the Company Defendant. 14. There remains a balance due and owing to Plaintiff on the Agreement in the amount of $65,290.19 plus interest, costs, and disbursements. AS AND FOR THE FIRST CAUSE OF ACTION (Breach of Contract) 15. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 14 of this complaint as though fully set forth at length herein. 16. Plaintiff gave fair consideration to Company Defendant which was tendered for the right to receive the aforementioned receivables. Accordingly, Plaintiff fully performed under the Agreement. 17. Upon information and belief, Company Defendant is still conducting regular business operations and still collecting receivables. 18. Company Defendant has materially breached the Agreement by failing to remit to Plaintiff the Plaintiff's share of Future Receivables, as required under the Agreement 4 of 8 FILED: NASSAU COUNTY CLERK 06/19/2024 12:46 PM INDEX NO. 610695/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 and otherwise intentionally impeding and preventing Plaintiff from receiving the proceeds of the receivables purchased by them. 19. By reason of the foregoing, Plaintiff has suffered damages in the amount of $65,290.19, plus interest, costs, and disbursements. AS FOR THE SECOND CAUSE OF ACTION (Personal Guarantee) 20. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 19 of this complaint as though fully set forth at length herein. 21. Pursuant to the Agreement, Guarantor personally guaranteed that Company Defendant would perform its obligations thereunder and that he would be personally liable for any loss suffered by Plaintiff as a result of a breach by Company Defendant. 22. Company Defendant has breached the Agreement as detailed above. 23. By reason of the foregoing, Plaintiff is entitled to judgment against Guarantor based on his personal guarantee in the sum of $65,290.19, plus interest, costs, and disbursements. [THIS SPACE WAS LEFT BLANK INTENTIONALLY] 5 of 8 FILED: NASSAU COUNTY CLERK 06/19/2024 12:46 PM INDEX NO. 610695/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 WHEREFORE, plaintiff EN OD CAPITAL requests judgment against defendants BUDDY'S ROOFING & REPAIRS INC and BUDDY PATRICK CHEAVES as follows: i) On the first cause of action of the complaint, Plaintiff requests judgment against Company Defendant in the amount of $65,290.19, plus interest, costs, and disbursements. ii) On the second cause of action of the complaint, Plaintiffs request judgment against Guarantor in the amount of $65,290.19, plus interest, costs, and disbursements. iii) For such other and further relief as this Court deems just and proper. Dated: Brooklyn, New York June 18, 2024 ______/s/ jack madeb_________________ Jack Madeb, Esq. Madeb Law, PLLC Attorney for Plaintiff 2433 Knapp Street, Suite 203A Brooklyn, New York 11235 Phone: (929) 640-7210 File No.: EOC-66 6 of 8 FILED: NASSAU COUNTY CLERK 06/19/2024 12:46 PM INDEX NO. 610695/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU EN OD CAPITAL Plaintiff Index No.: -against- BUDDY'S ROOFING& REPAIRSINC and BUDDY PATRICK CHEAVES Defendant(s) NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b)(3) of that Section. The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us. Dated: Brooklyn, New York June 18, 2024 ______/s/ jack madeb______________ Jack Madeb, Esq. Madeb Law, PLLC Attorney for Plaintiff 2433 Knapp Street, Suite 203A Brooklyn, New York 11235 Phone: (929) 640-7210 File No.: EOC-66 7 of 8 FILED: NASSAU COUNTY CLERK 06/19/2024 12:46 PM INDEX NO. 610695/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 SUPREMECOURT OFTHESTATE OFNFEYORK COUNTYOFNASSAU ENODCAPITAL Plainst Index No. -against. BUDDYSROOFING & REPAIRS INC and VERIFICATION BYA PARTY BUDDYPATRICK CHEAVES Defendantfs) STATEOF SS.: COUNTYOF ) YAKOVJACKI MOKAl, being duly swomsmtes that he is an Authorized Officer of Plaintifrin the within action. have read the foregoing I Verified Complaim and know the cantents thereof; the same is true to my own knowledge. except as mmatters therein stated to be alleged upon information and belief, and as to those matters, I believe them to be tme. The foregoing statements are true under penalties of perjury. By: YAKOVJACKI MOKAl Swomto before methis N9ûry Public Jack Madeb State of NewYork Notary Pubilt. 02MA0013397 Reg No Quahfiec in King County Commission Expires 09'12/2027 Scanned with CamScanner 8 of 8