Preview
FILED: ERIE COUNTY CLERK 04/10/2018 02:38 PM INDEX NO. 805644/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
GREEN CAPITAL FUNDING LLC, Index No.:
Plaintiff, AFFIDAVIT IN SUPPORT
-against-
ALLIANCE AUTOMOTIVE BODY SHOP LLC d/b/a
ALLIANCE AUTOMOTIVE BODY SHOP and
DANIEL BRITO,
Defendants.
STATE OF NEW JERSEY )
) ss.:
COUNTY OF HUDSON )
MARK WORCH, being duly sworn, upon information and belief, deposes and says:
1. I am a natural person over the age of 18 and reside in the State of New York. I am an
Account Manager for Plaintiff GREEN CAPITAL FUNDING LLC ("GCF") and, as such, am fully
familiar with the facts and circumstances hereinafter set forth.
2. I make this Affidavit in support of GCF's entry of a Judgment by Confession against
Defendant ALLIANCE AUTOMOTIVE BODY SHOP LLC d/b/a ALLIANCE AUTOMOTIVE BODY
(" (" Daniel"
SHOP ("Defendant AAB") and Defendant DANIEL BRITO ("Defendant Daniel") (collectively,
"Defendants"
"Defendants").
3. On February 8, 2018, Defendant AAB entered into a secured merchant agreement (the
"Agreement" accounts-
"Agreement") whereby GCF agreed to buy all rights of the Defendant AAB's future
receivable, having a face value of $13,455.00. The purchase price for these receivables was $9,000.00.
"A"
Attached hereto as Exhibit is a true and accurate copy of the Agreement.
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FILED: ERIE COUNTY CLERK 04/10/2018 02:38 PM INDEX NO. 805644/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2018
4. Pursuant to the Agreement, Defendant AAB authorized GCF to debit from its bank
account, by means of an online ACH debit, a percentage of Defendant AAB's accounts-receivable (the
Percentage" - -
"Specified Percentage"), until the purchased amount of receivables $13,455.00 was paid in full.
5. Defendant AAB agreed to exclusively use one bank account approved by GCF (the
"Account"
"Account"), into which Defendant AAB agreed to deposit allof itsreceipts, and from which GCF was to
conduct its ACH debits of the Specified Percentage of said receipts.
6. The Agreement provided that in the event Defendant AAB used a bank account other
than the Account, or Defendant AAB prevented GCF from debiting the Account, either by instructing
the bank to block GCF's ACH debits or via other means, Defendant AAB was in default of the
Agreement. See Exhibit "A", Para. 3.1.
7. In addition, Defendant Daniel executed a personal guarantee of performance,
guaranteeing Defendant AAB's performance of its obligations under the Agreement (the "Personal
Guarantee"
Guarantee"). See Exhibit "A".
8. The Personal Guarantee provides that in the event of Defendant AAB's default under any
of the terms of the Agreement, including blocking ACH debits or depositing their accounts-receivable
into a bank account other than the Account, GCF may enforce its rights against Defendant AAB under
the Agreement against Defendant Daniel, without firstseeking recourse from Defendant AAB.
9. Furthermore, Defendant Daniel executed and delivered into GCF's possession, a
notarized Affidavit of Confession of Judgment, authorizing GCF to enter judgment against Defendant
Defendants'
AAB and Defendant Daniel, jointly and severally, in the event of Defendants default of the Agreement,
plus legal fees of twenty-five percent (25%) of the total of the aforesaid sums.
10. Defendant AAB made payments under the Agreement totaling $3,088.00, and has
stopped remitting payments to GCF on or about March 16, 2018, although they are still conducting
regular business operations and still in receipt of accounts-receivable. This is a default under the
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Agreement and there remains a balance due and owing to GCF in the amount of $10,367.00 (the
Amount"
"Default Amount").
11. While the Agreement does not have a provision stating that GCF must send Defendant
AAB and Defendant Daniel a Notice of Default prior to entering any judgment, Defendant AAB and
Defendant Daniel were made aware that a Confession of Judgment will be entered against them lest they
settle their outstanding balance.
12. Defendant AAB and Defendant Daniel continue to be in default per paragraph 3.1 of the
Agreement, entitled "Events of Default", and continue to refuse to honor their obligations owed to GCF,
by inter alia, blocking GCF's access to the Account, and by preventing GCF from debiting the Account
per the Agreement. See Exhibit "A", Para. 3.1.
13. Based on the foregoing, GCF requests the entry of judgment in its favor, plus interest
from March 16, 2018, the date of default whereby Defendant AAB ceased making payments pursuant to
the Agreement, and was in breach thereof.
14. Furthermore, pursuant to the Affidavit of Confession of Judgment executed by Defendant
AAB, GCF is entitled to legal fees of twenty-five percent (25%) of the Default Amount, which amount
totals $2,591.75.
15. Accordingly, there remains a balance due and owing to GCF in the amount of
$10,367.00, plus interest from March 16, 2018 (the date of default whereby Defendant AAB ceased
making payments under the Agreement), plus legal fees in the amount of $2,591.75, in addition to costs.
16. No prior request for the within-requested relief has been made.
17. GCF respectfully requests that the Court enter judgment against Defendants, jointly and
severally, in the amount of $10,367.00, plus interest from March 16, 2018, plus legal fees in the amount
of $2,591.75, and costs, and that the Court grant such other and further relief as this Court deems just
alld plopel.
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FILED: ERIE COUNTY CLERK 04/10/2018 02:38 PM INDEX NO. 805644/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2018
Dated: Jersey City, New Jersey
April 10, 2018
MARK WORCH
On April 10, 2018, before me, the undersigned Notary Public in and for said state, personally appeared
MARK WORCH, personally known to me or proved to me on the basis of satisfactory evidence to be
the individual whose name is subscribed to the within instrument and acknowledged to me that he/she
executed the same in his/her capacity, and that by his signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the instrument.
NOTARY PUBLIC
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FILED: ERIE COUNTY CLERK 04/10/2018 02:38 PM INDEX NO. 805644/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2018
Index No. Year RJI No. Hon.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
GREEN CAPITAL FUNDING LLC,
Plaintiff,
-against-
ALLIANCE AUTOMOTIVE BODY SHOP LLC d/b/a ALLIANCE AUTOMOTIVE BODY SHOP and
DANIEL BRITO,
Defendants.
AFFIDAVIT WITH EXHIBITS
RENATA BUKHMAN, Esq.
Attorney for Plaintiff
Office and Post Office Address, Telephone
17 STATE STREET
SUITE 4000
NEW YORK, NEW YORK 10004
PHONE: (646)774-3308
FAX: (978)313-6609
Serviceof a copyof the within is hereby
admitted.
Dated,
Attorney(s)for
Pleasetakenotice
O Notice of Entry
thatthewithin is a (certified)true copy of a
duly enteredin the office of the clerk of the within namecourton
O Notice of settlement
thatanorder of which thewithin is a true copy will bepresentedfor
settlementto theHON. oneof thejudges
of thewithin namedcourt, at on at
Dated, Yours, etc.
Attorney(s)for
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Preview
FILED: ERIE COUNTY CLERK 04/10/2018 02:38 PM INDEX NO. 805644/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE GREEN CAPITAL FUNDING LLC, Index No.: Plaintiff, AFFIDAVIT IN SUPPORT -against- ALLIANCE AUTOMOTIVE BODY SHOP LLC d/b/a ALLIANCE AUTOMOTIVE BODY SHOP and DANIEL BRITO, Defendants. STATE OF NEW JERSEY ) ) ss.: COUNTY OF HUDSON ) MARK WORCH, being duly sworn, upon information and belief, deposes and says: 1. I am a natural person over the age of 18 and reside in the State of New York. I am an Account Manager for Plaintiff GREEN CAPITAL FUNDING LLC ("GCF") and, as such, am fully familiar with the facts and circumstances hereinafter set forth. 2. I make this Affidavit in support of GCF's entry of a Judgment by Confession against Defendant ALLIANCE AUTOMOTIVE BODY SHOP LLC d/b/a ALLIANCE AUTOMOTIVE BODY (" (" Daniel" SHOP ("Defendant AAB") and Defendant DANIEL BRITO ("Defendant Daniel") (collectively, "Defendants" "Defendants"). 3. On February 8, 2018, Defendant AAB entered into a secured merchant agreement (the "Agreement" accounts- "Agreement") whereby GCF agreed to buy all rights of the Defendant AAB's future receivable, having a face value of $13,455.00. The purchase price for these receivables was $9,000.00. "A" Attached hereto as Exhibit is a true and accurate copy of the Agreement. 1 of 5 FILED: ERIE COUNTY CLERK 04/10/2018 02:38 PM INDEX NO. 805644/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2018 4. Pursuant to the Agreement, Defendant AAB authorized GCF to debit from its bank account, by means of an online ACH debit, a percentage of Defendant AAB's accounts-receivable (the Percentage" - - "Specified Percentage"), until the purchased amount of receivables $13,455.00 was paid in full. 5. Defendant AAB agreed to exclusively use one bank account approved by GCF (the "Account" "Account"), into which Defendant AAB agreed to deposit allof itsreceipts, and from which GCF was to conduct its ACH debits of the Specified Percentage of said receipts. 6. The Agreement provided that in the event Defendant AAB used a bank account other than the Account, or Defendant AAB prevented GCF from debiting the Account, either by instructing the bank to block GCF's ACH debits or via other means, Defendant AAB was in default of the Agreement. See Exhibit "A", Para. 3.1. 7. In addition, Defendant Daniel executed a personal guarantee of performance, guaranteeing Defendant AAB's performance of its obligations under the Agreement (the "Personal Guarantee" Guarantee"). See Exhibit "A". 8. The Personal Guarantee provides that in the event of Defendant AAB's default under any of the terms of the Agreement, including blocking ACH debits or depositing their accounts-receivable into a bank account other than the Account, GCF may enforce its rights against Defendant AAB under the Agreement against Defendant Daniel, without firstseeking recourse from Defendant AAB. 9. Furthermore, Defendant Daniel executed and delivered into GCF's possession, a notarized Affidavit of Confession of Judgment, authorizing GCF to enter judgment against Defendant Defendants' AAB and Defendant Daniel, jointly and severally, in the event of Defendants default of the Agreement, plus legal fees of twenty-five percent (25%) of the total of the aforesaid sums. 10. Defendant AAB made payments under the Agreement totaling $3,088.00, and has stopped remitting payments to GCF on or about March 16, 2018, although they are still conducting regular business operations and still in receipt of accounts-receivable. This is a default under the 2 of 5 FILED: ERIE COUNTY CLERK 04/10/2018 02:38 PM INDEX NO. 805644/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2018 Agreement and there remains a balance due and owing to GCF in the amount of $10,367.00 (the Amount" "Default Amount"). 11. While the Agreement does not have a provision stating that GCF must send Defendant AAB and Defendant Daniel a Notice of Default prior to entering any judgment, Defendant AAB and Defendant Daniel were made aware that a Confession of Judgment will be entered against them lest they settle their outstanding balance. 12. Defendant AAB and Defendant Daniel continue to be in default per paragraph 3.1 of the Agreement, entitled "Events of Default", and continue to refuse to honor their obligations owed to GCF, by inter alia, blocking GCF's access to the Account, and by preventing GCF from debiting the Account per the Agreement. See Exhibit "A", Para. 3.1. 13. Based on the foregoing, GCF requests the entry of judgment in its favor, plus interest from March 16, 2018, the date of default whereby Defendant AAB ceased making payments pursuant to the Agreement, and was in breach thereof. 14. Furthermore, pursuant to the Affidavit of Confession of Judgment executed by Defendant AAB, GCF is entitled to legal fees of twenty-five percent (25%) of the Default Amount, which amount totals $2,591.75. 15. Accordingly, there remains a balance due and owing to GCF in the amount of $10,367.00, plus interest from March 16, 2018 (the date of default whereby Defendant AAB ceased making payments under the Agreement), plus legal fees in the amount of $2,591.75, in addition to costs. 16. No prior request for the within-requested relief has been made. 17. GCF respectfully requests that the Court enter judgment against Defendants, jointly and severally, in the amount of $10,367.00, plus interest from March 16, 2018, plus legal fees in the amount of $2,591.75, and costs, and that the Court grant such other and further relief as this Court deems just alld plopel. 3 of 5 FILED: ERIE COUNTY CLERK 04/10/2018 02:38 PM INDEX NO. 805644/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2018 Dated: Jersey City, New Jersey April 10, 2018 MARK WORCH On April 10, 2018, before me, the undersigned Notary Public in and for said state, personally appeared MARK WORCH, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC 0 (iIIIIIif/// /// piOTA///. g),' /'I/O L le ' ~ ' n+ 02 '/0". 'l)ll(lt'1'5 4 of 5 FILED: ERIE COUNTY CLERK 04/10/2018 02:38 PM INDEX NO. 805644/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/10/2018 Index No. Year RJI No. Hon. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE GREEN CAPITAL FUNDING LLC, Plaintiff, -against- ALLIANCE AUTOMOTIVE BODY SHOP LLC d/b/a ALLIANCE AUTOMOTIVE BODY SHOP and DANIEL BRITO, Defendants. AFFIDAVIT WITH EXHIBITS RENATA BUKHMAN, Esq. Attorney for Plaintiff Office and Post Office Address, Telephone 17 STATE STREET SUITE 4000 NEW YORK, NEW YORK 10004 PHONE: (646)774-3308 FAX: (978)313-6609 Serviceof a copyof the within is hereby admitted. Dated, Attorney(s)for Pleasetakenotice O Notice of Entry thatthewithin is a (certified)true copy of a duly enteredin the office of the clerk of the within namecourton O Notice of settlement thatanorder of which thewithin is a true copy will bepresentedfor settlementto theHON. oneof thejudges of thewithin namedcourt, at on at Dated, Yours, etc. Attorney(s)for 5 of 5