On July 17, 2019 a
Motion-Secondary
was filed
involving a dispute between
Braze, Inc. F K A Appboy, Inc.,
and
Fatcat Financial, Inc. D B A Winwin,
for Commercial - Contract
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 09/17/2019 10:19 AM INDEX NO. 654096/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------- X
BRAZE, INC. f/k/a APPBOY, INC., Index No.: 654096/2019
Plaintiff, AFFIRMATION IN
SUPPORT
-against-
FATCAT FINANCIAL, INC. d/b/a WINWIN,
Defendant.
---------- -------- X
MITCHELL D. FRANKEL, an attorney duly admitted to practice law before the courts in
the State of New York, affmns the following under the penalty of perjury:
1. I am a partner in the law finn of Sussman & Frankel, LLP attorneys for the plaintiff
herein, and I am familiar with the facts and circumstances hereiñafter set forth based upon my
fully
review of the filematerials maintained by this office.
2. This affinnation is submitted in support of the instant application pursuant to CPLR
3215 seeking a default judgment against the defendant FATCAT FINANCIAL, INC. d/b/a
WINWIN ("FATCAT FINANCIAL") and since plaintiff s Complaint seeks a sum certain, that an
Order be issued directing the Judgment Clerk to enter judgment against defendant FATCAT
FINANCIAL for the amount demanded in plaintiffs Complaint plus interest thereon from July 17,
2019, together with costs and disbursements.
3. This is an action alleging, among other things, breach of contract and accounts stated.
A copy of plaintiff s Summons and Verified Complaint is annexed hereto as Exhibit "A". An affidavit
of merit from Robert Shaw, the Treasurer, Controller and Vice President of Finance of plaintiff
BRAZE, INC. f/k/a APPBOY, INC. is annexed hereto as Exhibit "B".
1 of 2
FILED: NEW YORK COUNTY CLERK 09/17/2019 10:19 AM INDEX NO. 654096/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/17/2019
4. On or about July 25, 2019, Samuel McClosky served defendant FATCAT
FINANCIAL with a copy of plaintiff s Summons and Complaint by delivering to and leaving with
Colleen Banahan, an agent in the office of the Secretary of State of New York. The affidavit of
service was filed in Supreme Court, New York County, on or about August 20, 2019. A copy of said
affidavit is annexed hereto as Exhibit "C".
5. The aforementioned defendant presently owes plaintiff MEDIAOCEAN LLC
$114,881.26, plus interest. Defendant FATCAT FINANCIAL has refused and/or failed to pay the
amount presently owed. Defendant FATCAT FINANCIAL has refused and/or failed to serve an
answer or otherwise respond to plaintiff's Complaint and therefore defendant FATCAT FINANCIAL
is in default in appearing and pleading.
6. In view of the foregoing, itis respectively requested that plaintiff be granted a default
judgment against defendant FATCAT FINANCIAL.
7. It isfurther requested that since plaintiff s Complaint seeks a sum certain based upon,
inter alia,breach of contract, that an Order be issued directing the Judgment Clerk to enter judgment
against defendant FATCAT FINANCIAL, INC. d/b/a WINWIN for the amount demanded in
plaintiff s Complaint, a present total of $114,881.26, together with interest at a rate of 9% per annum
pursuant to the CPLR, from July 17, 2019, which is the date of the filing of the within action, to the
date of entry of judgment herein, plus costs and disbursements.
WHEREFORE, itis requested that plaintiff s application be granted in all respects.
Dated: New York, New York
September 16, 2019
l\ litchellD.f Frankel
2 of 2
Document Filed Date
September 17, 2019
Case Filing Date
July 17, 2019
Category
Commercial - Contract
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 09/17/2019 10:19 AM INDEX NO. 654096/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------- X BRAZE, INC. f/k/a APPBOY, INC., Index No.: 654096/2019 Plaintiff, AFFIRMATION IN SUPPORT -against- FATCAT FINANCIAL, INC. d/b/a WINWIN, Defendant. ---------- -------- X MITCHELL D. FRANKEL, an attorney duly admitted to practice law before the courts in the State of New York, affmns the following under the penalty of perjury: 1. I am a partner in the law finn of Sussman & Frankel, LLP attorneys for the plaintiff herein, and I am familiar with the facts and circumstances hereiñafter set forth based upon my fully review of the filematerials maintained by this office. 2. This affinnation is submitted in support of the instant application pursuant to CPLR 3215 seeking a default judgment against the defendant FATCAT FINANCIAL, INC. d/b/a WINWIN ("FATCAT FINANCIAL") and since plaintiff s Complaint seeks a sum certain, that an Order be issued directing the Judgment Clerk to enter judgment against defendant FATCAT FINANCIAL for the amount demanded in plaintiffs Complaint plus interest thereon from July 17, 2019, together with costs and disbursements. 3. This is an action alleging, among other things, breach of contract and accounts stated. A copy of plaintiff s Summons and Verified Complaint is annexed hereto as Exhibit "A". An affidavit of merit from Robert Shaw, the Treasurer, Controller and Vice President of Finance of plaintiff BRAZE, INC. f/k/a APPBOY, INC. is annexed hereto as Exhibit "B". 1 of 2 FILED: NEW YORK COUNTY CLERK 09/17/2019 10:19 AM INDEX NO. 654096/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/17/2019 4. On or about July 25, 2019, Samuel McClosky served defendant FATCAT FINANCIAL with a copy of plaintiff s Summons and Complaint by delivering to and leaving with Colleen Banahan, an agent in the office of the Secretary of State of New York. The affidavit of service was filed in Supreme Court, New York County, on or about August 20, 2019. A copy of said affidavit is annexed hereto as Exhibit "C". 5. The aforementioned defendant presently owes plaintiff MEDIAOCEAN LLC $114,881.26, plus interest. Defendant FATCAT FINANCIAL has refused and/or failed to pay the amount presently owed. Defendant FATCAT FINANCIAL has refused and/or failed to serve an answer or otherwise respond to plaintiff's Complaint and therefore defendant FATCAT FINANCIAL is in default in appearing and pleading. 6. In view of the foregoing, itis respectively requested that plaintiff be granted a default judgment against defendant FATCAT FINANCIAL. 7. It isfurther requested that since plaintiff s Complaint seeks a sum certain based upon, inter alia,breach of contract, that an Order be issued directing the Judgment Clerk to enter judgment against defendant FATCAT FINANCIAL, INC. d/b/a WINWIN for the amount demanded in plaintiff s Complaint, a present total of $114,881.26, together with interest at a rate of 9% per annum pursuant to the CPLR, from July 17, 2019, which is the date of the filing of the within action, to the date of entry of judgment herein, plus costs and disbursements. WHEREFORE, itis requested that plaintiff s application be granted in all respects. Dated: New York, New York September 16, 2019 l\ litchellD.f Frankel 2 of 2