Preview
FILED: KINGS COUNTY CLERK 10/25/2018 11:58 AM INDEX NO. 521510/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ITRIA VENTURES LLC,
Plaintiff,
Index No.
-against-
VIX TRANSIT LLC AFFIDAVIT OF
CONFESSION OF JUDGMENT
and
VICTOR J MADISON
Defendants.
WISCONSIN
STATE OF
) ss.:
WAMSI-IA
COUNTY OF
VICTOR J MADISON deposes and says:
, being duly sworn,
1. I am a principal, owner, and/or member and an officer of
VIX TRANSIT LLC ("Merchant a Wisconsin
Defendant"),
Limited 2300 SUNKIST AVE, WAUKESHA, WISCONSIN, 53188
Liability Company located at , inthe County of
WAUKESHA COUNTY and as I have the to act on behalf of Merchant Defendant.
, such, authority
2300 SUNKIST AVE, 2300 SUNKIST AVE, WAUKESHA,WISCONSIN, 53188 .
2. I reside at , m the County of
WAUKESHA COUNTY
.
3. I, individually and on behalf of Merchant Defendant, consent to the jurisdiction of the Federal
District Court for the Southern District of New York, Supreme Court of the State of New York, New York
County, Supreme Court of the State of New York, Queens County, Supreme Court of the State of New York,
Kings County, Supreme Court of the State of New York, Bronx County, Supreme Court of the State of New
York, Richmond County, Supreme Court of the State of New York, Westchester County, Supreme Court of the
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FILED: KINGS COUNTY CLERK 10/25/2018 11:58 AM INDEX NO. 521510/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018
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FILED: KINGS COUNTY CLERK 10/25/2018 11:58 AM INDEX NO. 521510/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018
herewith, includes the failure to remit to Plaintiff the agreed amount of Merchant Defendant's accounts
receivable that were purchased by Plaintiff pursuant to the Merchant Agreement, as setforth in the Plaintiff's
Affidavit. The Confession of Judgment amount set forth in Plaintiff's Affidavit also includes Plaintiff's
reasonable legal fees, costs and disbursements, Marshal fees, and interest, in each case as specified in paragraph
4 above, as agreed-upon by Merchant Defendant and each Guarantor under the Merchant Agreement and
Guaranty, respectively. My obligations under this Confession of Judgment are further evidenced by a UCC-1
Defendants'
financing statement(s) filed by Plaintiff on Merchant assets.
7. Merchant Defendant and I hereby agree that the execution and delivery of this Confession of
Judgment and any entry of judgment thereon shall be without prejudice to any and all rights of Plaintiff, who
expressly reserves all of itsrights and remedies against Merchant Defendants and each Guarantor.
8. If for any reason entry of this Confession of Judgment or execution on the same is outside the
jurisdiction of the Designated Courts, Merchant Defendant and I hereby consent to the personal jurisdiction,
entry of judgment, and execution thereon in any State or Federal Court of the United States of America.
9. I have been duly authorized by Merchant Defendant to execute and deliver this Confession of
Judgment.
By:X Ê -
VICTOR J ADISON
,
individually, and on behalf of
VlX TRANSIT LLC
Sworn to me
2
before this
day of †g ly , 2018.
Notary Public
William Bertrand
Notary Public ID# 78389
State of Louisiana
My Commission is for life
3
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Preview
FILED: KINGS COUNTY CLERK 10/25/2018 11:58 AM INDEX NO. 521510/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ITRIA VENTURES LLC, Plaintiff, Index No. -against- VIX TRANSIT LLC AFFIDAVIT OF CONFESSION OF JUDGMENT and VICTOR J MADISON Defendants. WISCONSIN STATE OF ) ss.: WAMSI-IA COUNTY OF VICTOR J MADISON deposes and says: , being duly sworn, 1. I am a principal, owner, and/or member and an officer of VIX TRANSIT LLC ("Merchant a Wisconsin Defendant"), Limited 2300 SUNKIST AVE, WAUKESHA, WISCONSIN, 53188 Liability Company located at , inthe County of WAUKESHA COUNTY and as I have the to act on behalf of Merchant Defendant. , such, authority 2300 SUNKIST AVE, 2300 SUNKIST AVE, WAUKESHA,WISCONSIN, 53188 . 2. I reside at , m the County of WAUKESHA COUNTY . 3. I, individually and on behalf of Merchant Defendant, consent to the jurisdiction of the Federal District Court for the Southern District of New York, Supreme Court of the State of New York, New York County, Supreme Court of the State of New York, Queens County, Supreme Court of the State of New York, Kings County, Supreme Court of the State of New York, Bronx County, Supreme Court of the State of New York, Richmond County, Supreme Court of the State of New York, Westchester County, Supreme Court of the 1 of 3 FILED: KINGS COUNTY CLERK 10/25/2018 11:58 AM INDEX NO. 521510/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 2 of 3 FILED: KINGS COUNTY CLERK 10/25/2018 11:58 AM INDEX NO. 521510/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 herewith, includes the failure to remit to Plaintiff the agreed amount of Merchant Defendant's accounts receivable that were purchased by Plaintiff pursuant to the Merchant Agreement, as setforth in the Plaintiff's Affidavit. The Confession of Judgment amount set forth in Plaintiff's Affidavit also includes Plaintiff's reasonable legal fees, costs and disbursements, Marshal fees, and interest, in each case as specified in paragraph 4 above, as agreed-upon by Merchant Defendant and each Guarantor under the Merchant Agreement and Guaranty, respectively. My obligations under this Confession of Judgment are further evidenced by a UCC-1 Defendants' financing statement(s) filed by Plaintiff on Merchant assets. 7. Merchant Defendant and I hereby agree that the execution and delivery of this Confession of Judgment and any entry of judgment thereon shall be without prejudice to any and all rights of Plaintiff, who expressly reserves all of itsrights and remedies against Merchant Defendants and each Guarantor. 8. If for any reason entry of this Confession of Judgment or execution on the same is outside the jurisdiction of the Designated Courts, Merchant Defendant and I hereby consent to the personal jurisdiction, entry of judgment, and execution thereon in any State or Federal Court of the United States of America. 9. I have been duly authorized by Merchant Defendant to execute and deliver this Confession of Judgment. By:X Ê - VICTOR J ADISON , individually, and on behalf of VlX TRANSIT LLC Sworn to me 2 before this day of †g ly , 2018. Notary Public William Bertrand Notary Public ID# 78389 State of Louisiana My Commission is for life 3 3 of 3