Preview
FILED: KINGS COUNTY CLERK 12/14/2020 02:34 PM INDEX NO. 524928/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
VOX FUNDING, LLC
Index No.:
Plaintiff,
SUMMONS
Plaintiff designates KINGS County as
the place of trial
The basis of venue is:
The agreement between the parties
-against-
American Drywall Services LLC and Adrian Martinez
Defendants
____ ----
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on Plaintiff s Attorney within 20 days after the service of this summons, exclusive of
the date 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: New York, New York
12/10/2020
/s/ Nicholas Benedetto
Nicholas Benedetto, Esq.
The Law Office of Nicholas Benedetto Esq.,
7*
352 Ave Suite 907
New York, NY 10001
endants'
Addresses:
American Drywall Services LLC
11625 Rojas Dr # 2C El Paso, TX 79936
Adrian Martinez
401 Irondale Dr A, El Paso, TX, 79912
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
VOX FUNDING, LLC
Index No.:
Plaintiff,
VERIFIED COMPLAINT
-against-
American Drywall Services LLC and Adrian Martinez
Defendants
Plaintiff VOX FUNDING, LLC ("Plaintiff"), by and through its attorney, Nicholas Benedetto,
Esq., for its complaint herein against American Drywall Services LLC ("Business Defendant")
and Adrian Martinez ("Guarantor") (Business Defendant and Guarantor collectively known as
"Defendants"), allege as follows:
THE PARTIES
1. At all relevant times, Plaintiff was and is a limited liability company organized and
existing under the laws of the State of New York and with offices at 132 E 43rd St, Suite
311, New York, NY 10017.
2. Upon information and belief and at all relevant times, Business Defendant was and is a
limited liability company organized and existing under the laws of the State of Texas.
3. Upon information and belief, at all relevant times, Guarantor was and is an individual
residing in the State of Texas.
4. Upon information and belief and at all relevant times, Guarantor is the owner and
operator of Business Defendant.
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5. The Business Defendant and Defendant Guarantor have availed themselves of the
jurisdiction of this Court by business in the State of New York and
regularly conducting
entering into the Agreement referenced below in the State of New York.
ALLEGATIONS COMMON TO ALL CAUSES OF ACTIO_N
"1" "5"
6. Plaintiff repeats and realleges all allegations contained in paragraphs through
above as though fully set forth herein at length.
7. On or about 9/11/2020, Plaintiff and Business Defendant entered into a Purchase and Sale
of Future Receivables Agreemêñt (the "Agreement") wherein Business Defendant sold its
future account- receivables a face value of $43,200.00 (the "Purchased
having Amount")
to Plaintiff to be paid to Plaintiff from a percentage of the Business Defendant's daily
revenue (the "Specified Percentage") for the agreed upon purchase price of $30,000.00
(the "Purchase Price").
8. The Agreement is attached hereto as Exhibit "A".
9. Plaintiff remitted the purchase price for the future receivables to Business Defendant as
agreed, thereby performing its obligations under the Agreement.
10. Pursuant to the Agreement, Business Defendant agreed to have one bank account
approved Plaintiff (the "Designated Bank Account") into which it would deposit all
by
receivables and from which Business Defendant authorized Plaintiff to make daily ACH
withdrawals until the purchased amount of receivables-$43,200.00 was disbursed to
Plaintiff in full.
11. During the course of the Agreement, the unpaid sums become due and payable to
Plaintiff, in full as required Plaintiff or pursuant to the terms of the Agreement in the
by
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event of any action a default or breach of covenants or warranties
constituting any
contained in the Agreement. Any balance owed Business Defendant at the
outstanding by
time of default became due and payable to Plaintiff.
immediately
12. In the event of a breach, Business Defendant agreed that it would be liable to Plaintiff for
the outstanding balance, plus a default fee equal to 10% of the uncollected Purchased
Amount, or $5,000.00, whichever is greater (the "Default in addition to reasonable
Fee")
attorneys'
fees, costs, disbursements and interest incurred by Plaintiff in connection with
prosecuting and enforcing the terms of the Agreement.
13. In addition, Guarantor agreed to guarantee any and all amounts owed to Plaintiff from
Business Defendant upon a breach in performance by Business Defendant.
14. On or about 11/23/2020("Default Date"), Business Defendant stopped making its
payments to Plaintiff and otherwise breached the Agreement by intentionally impeding
and preventing Plaintiff from making the agreed upon ACH withdrawals from the bank
account while regular business operations and still in receipt of accounts-
conducting
receivable. This is a default under the Agreement. In the event that Business Defendant
prevented Plaintiff from making the agreed upon ACH withdrawals, Business Defendant
agreed that it would be Liable for an additional blocked account fee equal to 10% of the
uncollected Purchased Amount, or $5,000.00, whichever is greater ("Blocking Fee").
15. Business Defendant made payments totaling $17,280.00 leaving a balance of $25,920.00
(the "Balance"). The transaction history is attached hereto as Exhibit "B".
16. Despite due demand, Business Defendant has failed to pay the amounts due and owing by
Business Defendant to Plaintiff under the Agreement and is therefore in breach of the
Agreement.
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17. Additionally, Guarantor is responsible for all amounts incurred as a result of default
any
by Business Defendant.
18. There remains a balance due in to Plaintiff on the Agreement in the amount of
owing
$25,920.00 plus interest, costs, fees, disbursements and fees.
attorney
AS AND FOR A FIRST CAUSE OF ACTION
(BREACH OF CONTRACT)
"1"
19. Plaintiff repeats and realleges each and every allegation contained in paragraphs
"18"
through of this complaint as though fully set herein at length.
20. Plaintiff gave fair consideration to Business Defendant which was tendered for the right
to receive the aforementioned receivables. Thus, Plaintiff fully performed under the
Agreement.
21. Upon information and belief, Business Defendant is still conducting regular business
operations and still collecting receivables.
22. Business Defendant materially breached the Agreamcñt without justification and right by
failing to make the specified payment amount to Plaintiff as required under the
Agreements and otherwise intentionally impeding and preventing Plaintiff from receiving
the proceeds of the receivables purchased by them.
23. Upon information and belief, Business Defendant has also materially breached the
Agreements by using more than one depositing bank, an account which has not been
approved by Plaintiff nor from which Plaintiff may make ACH debits.
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24. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for breach
of contract for $25,920.00 of future plus disbursements
receivables, interest, costs, fees,
and attorney fees.
AS AND FOR A SECOND CAUSE OF ACTION
(PERSONAL GUARANTEE)
25. Plaintiff "1"
repeats and realleges each and every allegation contained in paragraphs
"24"
through of this complaint as though set forth at length herein.
fully
26. Pursuant to the Agreemcats, Guarantor personally guaranteed that Business Defendant
would perform its obligations thereunder and that he or she would be personally liable for
any loss suffered by Plaintiff because of a breach by Business Defendant.
27. Business Defendant has breached the Agreements as detailed above.
28. By reason of the foregoing, Plaintiff is entitled to a judgment against Guarantor based on
his or her personal guarantee in the sum of $25,920.00, plus interest at the statutory rate
from the Default Date through entry of judgment herein, costs, fees, disbursements and
attorney fees.
AS AND FOR A THIRD CAUSE OF ACTION
(UNJUST ENRICHMENT)
"1"
29. Plaintiff repeats and realleges each and every allegation contained in paragraphs
"28"
through of this complaint as though fully set forth at length herein.
30. Defendants have been unjustly enriched in that they have received the purchase price for
the future receivables, yet have failed to pay the sum of $43,200.00.
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31. By reason of the foregoing, Plaintiff is entitled to a judgment against the Defendants for
unjust enrichment in the sum of $25,920.00, plus interest, disbursemêñts and
costs, fees,
attorney fees.
AS AND FOR A FOURTH CAUSE OF ACTION
(ATTORNEYS'
FEES AND COSTS)
"1"
32. Plaintiff repeats and realleges each and every allegation contained in paragraphs
"31"
through of this complaint as though fully set forth at length herein.
33. The Agreement provides in addition to all payments owed under the Agreement, the
Business Defendant agrees to pay all costs associated with a breach and the enforcement
attorneys'
thereof, including, but not limited to, court costs and fees and disbursements.
attorneys'
34. Defendant Personal Guarantor agreed to pay costs, expenses and fees which
may be incurred as a result of the Seller's default under the Agreemeñt.
attorneys'
35. Plaintiff has incurred and continues to incur expenses including fees, which
cannot be finally determined at this date, but which will be capable of determination at
such time as judgment may be entered herein.
36. By reason of the foregoing, the Business Defendant and the Defendant Personal
Guarantor are liable to Plaintiff for Plaintiffs expeñses in regard to this litigation,
attorneys'
including fees, in such amount as may be determined.
AS AND FOR A FOURTH CAUSE OF ACTION
(CONVERSi-ON)
"l" "36"
37. Plaintiff repeats and realleges the allegations contained in paragraphs through
above as though fully set forth herein at length.
38. Plaintiff is the sole, lawful, and exclusive owner of the Balance.
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39. Plaintiff has not authorized Business Defendant or any other to possess the
entity
Balance.
40. Business Defendant is unlawfully in possession of the Balance.
41. Business Defendant has deprived Plaintiff of its use and enjoyment of the Balance.
42. Business Defendant has comingled the Balance with its operating funds.
43. Therefore, the Business Defendant is liable to Plaintiff for the Balance plus interest at the
statutory rate from the Default Date, through the entry of judgment herein.
WHEREFORE, Plaintiff VOX FUNDING, LLC demands judgment against Defendants
American Drywall Services LLC and Adrian Martinez jointly and severally, for the balance of
25,920.00, the Default Fee of $5,000.00, the Blocking Fee of $5,000.00, plus interest at the
statutory interest rate from Date of Default 11/23/2020, through entry of judgment herein, as well
Attorneys'
as Plaintiff's fees, costs and expenses incurred in prosecuting this action in an amount
to be determined by the Court and for such other and further relief as this Court deems just and
proper.
Dated: New York, New York
12/10/2020
/s/ Nicholas Benedetto
Nicholas Benedetto Esq.
The Law Office of Nicholas Benedetto, Esq.,
75
353 Ave Suite 907
New York, NY 10001
(646) 863-9783
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VERIFICATION
STATE OF NEW YORK
COUNTY OF NEW YORK
Louis Calderone, being duly sworn, hereby deposes and states the following:
I am over the age of 18 and reside in the State of New York. My position with VOX
FUNDING LLC is President , and as such, I am fully familiar with the facts and circumstances
stated herein. I am authorized to make this affidavit on behalf of VOX FUNDING LLC. I have
read the foregoing Verified Complaint and know the contents thereof. The same is true to my
knowledge, except as to the matters therein stated to be alleged upon information and belief. And
as to those matters, I believe them to be true.
Sworn to me before this:
tf
) l day, of fffnt , 2020.
Louis Calderone
8•Min8mseerigue yest
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
VOX FUNDING, LLC
Index No.:
Plaintiff,
-against-
American Drywall Services LLC and Adrian Martinez
Defendants
NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING SUPREME
COURT CASES
PLEASE TAKE NOTICE that plaintiff(s) / petitioner(s) [defendant(s) /respondent(s)] in
the case captioned above intends that this matter proceed as an electronically-filed case in the
New York State Courts Electronic Filing System ("NYSCEF") in accordance with the
procedures therefore, set forth in Uniform Rule 202.5-b and described below. Under that Rule,
filing and service of papers by electronic means cannot be made by a party nor can electronic
service be made upon a party unless that party has consented to use of the System for the case in
question. Within ten (10) days after service of this Notice, each served should indicate
party
whether or not it consents to electronic filing and service through NYSCEF for this case. (See
Instruction #2 below).
General Information
Electronic filing offers significant benefits for attorneys and litigants, permitting
documents to be filed with the County Clerk and the court and served, between or among
consenting parties, by posting the documents on the NYSCEF website, which can be done at any
time of the day or night on any day of the week. There is no fee to use the NYSCEF System,
whether for filing, service, or consultation of the electronic docket, nor is there a charge to print
10 of 13
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documents from the docket. Normal filing fees must be paid, but this can be done credit card
by
or debit card on-line. For additional procedures and see Uniform Rule
information, 202.5-b, any
e-filing protocol that may have been promulgated by the court in question, and the NYSCEF
Website at www.nvcourts.gov/efile.
Instructions
1. Service of this Notice constitutes consent to e-filing and a statement of intent by the
undersigned to use the NYSCEF System in this case. When an action or proceeding is
being commenced through the NYSCEF System, this Notice must accompany Defendant
service of the initiating papers.
2. Within ten (10) days after service of this Notice, the party served should consent to e-
filing either: (i) by filing with the court and serving on all parties of record a consent to e-
filing, or (ii) if the party or attorney of record is an authorized e-filing user, by filing the
consent electronically in the manner provided at the NYSCEF site. If one party or some
but fewer than all parties consent, NYSCEF may be used by and between or among
consenting parties.
3. Each participating attorney, unless already
Preview
FILED: KINGS COUNTY CLERK 12/14/2020 02:34 PM INDEX NO. 524928/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS VOX FUNDING, LLC Index No.: Plaintiff, SUMMONS Plaintiff designates KINGS County as the place of trial The basis of venue is: The agreement between the parties -against- American Drywall Services LLC and Adrian Martinez Defendants ____ ---- TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on Plaintiff s Attorney within 20 days after the service of this summons, exclusive of the date 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: New York, New York 12/10/2020 /s/ Nicholas Benedetto Nicholas Benedetto, Esq. The Law Office of Nicholas Benedetto Esq., 7* 352 Ave Suite 907 New York, NY 10001 endants' Addresses: American Drywall Services LLC 11625 Rojas Dr # 2C El Paso, TX 79936 Adrian Martinez 401 Irondale Dr A, El Paso, TX, 79912 1 of 13 FILED: KINGS COUNTY CLERK 12/14/2020 02:34 PM INDEX NO. 524928/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS VOX FUNDING, LLC Index No.: Plaintiff, VERIFIED COMPLAINT -against- American Drywall Services LLC and Adrian Martinez Defendants Plaintiff VOX FUNDING, LLC ("Plaintiff"), by and through its attorney, Nicholas Benedetto, Esq., for its complaint herein against American Drywall Services LLC ("Business Defendant") and Adrian Martinez ("Guarantor") (Business Defendant and Guarantor collectively known as "Defendants"), allege as follows: THE PARTIES 1. At all relevant times, Plaintiff was and is a limited liability company organized and existing under the laws of the State of New York and with offices at 132 E 43rd St, Suite 311, New York, NY 10017. 2. Upon information and belief and at all relevant times, Business Defendant was and is a limited liability company organized and existing under the laws of the State of Texas. 3. Upon information and belief, at all relevant times, Guarantor was and is an individual residing in the State of Texas. 4. Upon information and belief and at all relevant times, Guarantor is the owner and operator of Business Defendant. 2 of 13 FILED: KINGS COUNTY CLERK 12/14/2020 02:34 PM INDEX NO. 524928/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2020 5. The Business Defendant and Defendant Guarantor have availed themselves of the jurisdiction of this Court by business in the State of New York and regularly conducting entering into the Agreement referenced below in the State of New York. ALLEGATIONS COMMON TO ALL CAUSES OF ACTIO_N "1" "5" 6. Plaintiff repeats and realleges all allegations contained in paragraphs through above as though fully set forth herein at length. 7. On or about 9/11/2020, Plaintiff and Business Defendant entered into a Purchase and Sale of Future Receivables Agreemêñt (the "Agreement") wherein Business Defendant sold its future account- receivables a face value of $43,200.00 (the "Purchased having Amount") to Plaintiff to be paid to Plaintiff from a percentage of the Business Defendant's daily revenue (the "Specified Percentage") for the agreed upon purchase price of $30,000.00 (the "Purchase Price"). 8. The Agreement is attached hereto as Exhibit "A". 9. Plaintiff remitted the purchase price for the future receivables to Business Defendant as agreed, thereby performing its obligations under the Agreement. 10. Pursuant to the Agreement, Business Defendant agreed to have one bank account approved Plaintiff (the "Designated Bank Account") into which it would deposit all by receivables and from which Business Defendant authorized Plaintiff to make daily ACH withdrawals until the purchased amount of receivables-$43,200.00 was disbursed to Plaintiff in full. 11. During the course of the Agreement, the unpaid sums become due and payable to Plaintiff, in full as required Plaintiff or pursuant to the terms of the Agreement in the by 3 of 13 FILED: KINGS COUNTY CLERK 12/14/2020 02:34 PM INDEX NO. 524928/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2020 event of any action a default or breach of covenants or warranties constituting any contained in the Agreement. Any balance owed Business Defendant at the outstanding by time of default became due and payable to Plaintiff. immediately 12. In the event of a breach, Business Defendant agreed that it would be liable to Plaintiff for the outstanding balance, plus a default fee equal to 10% of the uncollected Purchased Amount, or $5,000.00, whichever is greater (the "Default in addition to reasonable Fee") attorneys' fees, costs, disbursements and interest incurred by Plaintiff in connection with prosecuting and enforcing the terms of the Agreement. 13. In addition, Guarantor agreed to guarantee any and all amounts owed to Plaintiff from Business Defendant upon a breach in performance by Business Defendant. 14. On or about 11/23/2020("Default Date"), Business Defendant stopped making its payments to Plaintiff and otherwise breached the Agreement by intentionally impeding and preventing Plaintiff from making the agreed upon ACH withdrawals from the bank account while regular business operations and still in receipt of accounts- conducting receivable. This is a default under the Agreement. In the event that Business Defendant prevented Plaintiff from making the agreed upon ACH withdrawals, Business Defendant agreed that it would be Liable for an additional blocked account fee equal to 10% of the uncollected Purchased Amount, or $5,000.00, whichever is greater ("Blocking Fee"). 15. Business Defendant made payments totaling $17,280.00 leaving a balance of $25,920.00 (the "Balance"). The transaction history is attached hereto as Exhibit "B". 16. Despite due demand, Business Defendant has failed to pay the amounts due and owing by Business Defendant to Plaintiff under the Agreement and is therefore in breach of the Agreement. 4 of 13 FILED: KINGS COUNTY CLERK 12/14/2020 02:34 PM INDEX NO. 524928/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2020 17. Additionally, Guarantor is responsible for all amounts incurred as a result of default any by Business Defendant. 18. There remains a balance due in to Plaintiff on the Agreement in the amount of owing $25,920.00 plus interest, costs, fees, disbursements and fees. attorney AS AND FOR A FIRST CAUSE OF ACTION (BREACH OF CONTRACT) "1" 19. Plaintiff repeats and realleges each and every allegation contained in paragraphs "18" through of this complaint as though fully set herein at length. 20. Plaintiff gave fair consideration to Business Defendant which was tendered for the right to receive the aforementioned receivables. Thus, Plaintiff fully performed under the Agreement. 21. Upon information and belief, Business Defendant is still conducting regular business operations and still collecting receivables. 22. Business Defendant materially breached the Agreamcñt without justification and right by failing to make the specified payment amount to Plaintiff as required under the Agreements and otherwise intentionally impeding and preventing Plaintiff from receiving the proceeds of the receivables purchased by them. 23. Upon information and belief, Business Defendant has also materially breached the Agreements by using more than one depositing bank, an account which has not been approved by Plaintiff nor from which Plaintiff may make ACH debits. 5 of 13 FILED: KINGS COUNTY CLERK 12/14/2020 02:34 PM INDEX NO. 524928/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2020 24. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for breach of contract for $25,920.00 of future plus disbursements receivables, interest, costs, fees, and attorney fees. AS AND FOR A SECOND CAUSE OF ACTION (PERSONAL GUARANTEE) 25. Plaintiff "1" repeats and realleges each and every allegation contained in paragraphs "24" through of this complaint as though set forth at length herein. fully 26. Pursuant to the Agreemcats, Guarantor personally guaranteed that Business Defendant would perform its obligations thereunder and that he or she would be personally liable for any loss suffered by Plaintiff because of a breach by Business Defendant. 27. Business Defendant has breached the Agreements as detailed above. 28. By reason of the foregoing, Plaintiff is entitled to a judgment against Guarantor based on his or her personal guarantee in the sum of $25,920.00, plus interest at the statutory rate from the Default Date through entry of judgment herein, costs, fees, disbursements and attorney fees. AS AND FOR A THIRD CAUSE OF ACTION (UNJUST ENRICHMENT) "1" 29. Plaintiff repeats and realleges each and every allegation contained in paragraphs "28" through of this complaint as though fully set forth at length herein. 30. Defendants have been unjustly enriched in that they have received the purchase price for the future receivables, yet have failed to pay the sum of $43,200.00. 6 of 13 FILED: KINGS COUNTY CLERK 12/14/2020 02:34 PM INDEX NO. 524928/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2020 31. By reason of the foregoing, Plaintiff is entitled to a judgment against the Defendants for unjust enrichment in the sum of $25,920.00, plus interest, disbursemêñts and costs, fees, attorney fees. AS AND FOR A FOURTH CAUSE OF ACTION (ATTORNEYS' FEES AND COSTS) "1" 32. Plaintiff repeats and realleges each and every allegation contained in paragraphs "31" through of this complaint as though fully set forth at length herein. 33. The Agreement provides in addition to all payments owed under the Agreement, the Business Defendant agrees to pay all costs associated with a breach and the enforcement attorneys' thereof, including, but not limited to, court costs and fees and disbursements. attorneys' 34. Defendant Personal Guarantor agreed to pay costs, expenses and fees which may be incurred as a result of the Seller's default under the Agreemeñt. attorneys' 35. Plaintiff has incurred and continues to incur expenses including fees, which cannot be finally determined at this date, but which will be capable of determination at such time as judgment may be entered herein. 36. By reason of the foregoing, the Business Defendant and the Defendant Personal Guarantor are liable to Plaintiff for Plaintiffs expeñses in regard to this litigation, attorneys' including fees, in such amount as may be determined. AS AND FOR A FOURTH CAUSE OF ACTION (CONVERSi-ON) "l" "36" 37. Plaintiff repeats and realleges the allegations contained in paragraphs through above as though fully set forth herein at length. 38. Plaintiff is the sole, lawful, and exclusive owner of the Balance. 7 of 13 FILED: KINGS COUNTY CLERK 12/14/2020 02:34 PM INDEX NO. 524928/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2020 39. Plaintiff has not authorized Business Defendant or any other to possess the entity Balance. 40. Business Defendant is unlawfully in possession of the Balance. 41. Business Defendant has deprived Plaintiff of its use and enjoyment of the Balance. 42. Business Defendant has comingled the Balance with its operating funds. 43. Therefore, the Business Defendant is liable to Plaintiff for the Balance plus interest at the statutory rate from the Default Date, through the entry of judgment herein. WHEREFORE, Plaintiff VOX FUNDING, LLC demands judgment against Defendants American Drywall Services LLC and Adrian Martinez jointly and severally, for the balance of 25,920.00, the Default Fee of $5,000.00, the Blocking Fee of $5,000.00, plus interest at the statutory interest rate from Date of Default 11/23/2020, through entry of judgment herein, as well Attorneys' as Plaintiff's fees, costs and expenses incurred in prosecuting this action in an amount to be determined by the Court and for such other and further relief as this Court deems just and proper. Dated: New York, New York 12/10/2020 /s/ Nicholas Benedetto Nicholas Benedetto Esq. The Law Office of Nicholas Benedetto, Esq., 75 353 Ave Suite 907 New York, NY 10001 (646) 863-9783 8 of 13 FILED: KINGS COUNTY CLERK 12/14/2020 02:34 PM INDEX NO. 524928/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2020 VERIFICATION STATE OF NEW YORK COUNTY OF NEW YORK Louis Calderone, being duly sworn, hereby deposes and states the following: I am over the age of 18 and reside in the State of New York. My position with VOX FUNDING LLC is President , and as such, I am fully familiar with the facts and circumstances stated herein. I am authorized to make this affidavit on behalf of VOX FUNDING LLC. I have read the foregoing Verified Complaint and know the contents thereof. The same is true to my knowledge, except as to the matters therein stated to be alleged upon information and belief. And as to those matters, I believe them to be true. Sworn to me before this: tf ) l day, of fffnt , 2020. Louis Calderone 8•Min8mseerigue yest 9 of 13 FILED: KINGS COUNTY CLERK 12/14/2020 02:34 PM INDEX NO. 524928/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS VOX FUNDING, LLC Index No.: Plaintiff, -against- American Drywall Services LLC and Adrian Martinez Defendants NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING SUPREME COURT CASES PLEASE TAKE NOTICE that plaintiff(s) / petitioner(s) [defendant(s) /respondent(s)] in the case captioned above intends that this matter proceed as an electronically-filed case in the New York State Courts Electronic Filing System ("NYSCEF") in accordance with the procedures therefore, set forth in Uniform Rule 202.5-b and described below. Under that Rule, filing and service of papers by electronic means cannot be made by a party nor can electronic service be made upon a party unless that party has consented to use of the System for the case in question. Within ten (10) days after service of this Notice, each served should indicate party whether or not it consents to electronic filing and service through NYSCEF for this case. (See Instruction #2 below). General Information Electronic filing offers significant benefits for attorneys and litigants, permitting documents to be filed with the County Clerk and the court and served, between or among consenting parties, by posting the documents on the NYSCEF website, which can be done at any time of the day or night on any day of the week. There is no fee to use the NYSCEF System, whether for filing, service, or consultation of the electronic docket, nor is there a charge to print 10 of 13 FILED: KINGS COUNTY CLERK 12/14/2020 02:34 PM INDEX NO. 524928/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2020 documents from the docket. Normal filing fees must be paid, but this can be done credit card by or debit card on-line. For additional procedures and see Uniform Rule information, 202.5-b, any e-filing protocol that may have been promulgated by the court in question, and the NYSCEF Website at www.nvcourts.gov/efile. Instructions 1. Service of this Notice constitutes consent to e-filing and a statement of intent by the undersigned to use the NYSCEF System in this case. When an action or proceeding is being commenced through the NYSCEF System, this Notice must accompany Defendant service of the initiating papers. 2. Within ten (10) days after service of this Notice, the party served should consent to e- filing either: (i) by filing with the court and serving on all parties of record a consent to e- filing, or (ii) if the party or attorney of record is an authorized e-filing user, by filing the consent electronically in the manner provided at the NYSCEF site. If one party or some but fewer than all parties consent, NYSCEF may be used by and between or among consenting parties. 3. Each participating attorney, unless already