Preview
FILED: ERIE COUNTY CLERK 04/10/2018 02:38 PM INDEX NO. 805644/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018
SUPREME COURTOF THE STATE OF NEW YORK
COUNTY OF Erie
-X
GREEN CAPITAL FUNDING, LLC, index No.
Plaintiff. AFFIDAVIT OF CONFESSION OF
JUDGMENT
-against-
ALLIANCE AUTOMOTIVE BODY SHOP, LLC d/b/a
ALLIANCE AUTOMOTIVE BODY SHOP, AND
DANIEL BRITO,
Defendants.
------------_________________----------------------x
Florida
STATE OF )
) ss.:
am - ade
OF,
COUNTY OF )
DANIEL BRITO, being duly sworn, deposes and says:
1) I am a principal, owner, and an officer of ALLIANCE AUTOMOTIVE BODY SHOP,
LLC d/b/a ALLIANCE AUTO.MOTIVE BODY SHOP, a Limited Liability Company located at
13720 SW 143RD CT STE 103, MIAMI, FL 33186 in the County of MlAMI-DADE, and as
such, I have the authority to act on behalf of ALLIANCE AUTOMOTIVE BODY SHOP, LLC
d/b/a ALLIANCE AUTOMOTIVE BODY SHOP, and have been authorized to execute this
affidavit of confession of judgment. (ALLIANCE AUTOMOTIVE BODY SHOP, LLC d/b/a
ALLIANCE AUTOMOTIVE BODY SHOP is referred to as "Merchant Defendant".)
2) I reside at 374 NE 26TH AVE #104, HOMESTEAD, FL 33033, in the County of
M1AMI-DADE.
3) 1, individually, and on behalf of Merchant Defendant consent to the jurisdiction of this
Court.
4) Merchant Defendant hereby confesses judgment and authorizes entry of judgment in
favor of Plaintiff and against Defendants in the Federal District Court for the Southem District of
New York, Supreme Court of the State of New York, County of Richmond, Supreme Court of the
State of New York, County of Queens, Supreme Court of the State of New York, County of Erie,
Supreme Court of the State of New York, County of Nassau, Supreme Court of the State of New
York, County of Westchester, Supreme Court of the State of New York, County of Putnam,
Supreme Court of the State of New York, County of Orange, Supreme Court of the State of New
York, County of Ontario, Supreme Court of the State of New York, County of New York, and/or
Supreme Court of the State of New York, County of Bronx, in the sum of $13,455.00 less any
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FILED: ERIE COUNTY CLERK 04/10/2018 02:38 PM INDEX NO. 805644/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018
payments timely made pursuant to the secured Merchant Agreement dated February 8, 2018, plus
legal fees to Plaintiff calculated at twenty-five percent (25%) of the total of the aforesaid sums,
costs, expenses and disbursements and interest at the rate of 16% per annum from February 8,
2018, or the highest amount allowed by law, whichever is greater. Such amount shall be set forth
in an affidavit to be executed by Plaintiff or an affirmation by Plaintiff's attorney, which shall be
attached hereto at the time of entry of this Affidavit of Confession of Judgment.
5) in addition, 1 hereby confess judgment, individually and personally, jointly and
severally, and authorize entry of judgment in favor of Plaintiff and against myself in the Federal
District Court for the Southern District of New York, Supreme Court of the State of New York,
County of Richmond, Supreme Court of the State of New York, County of Queens, Supreme
Court of the State of New York, County of Erie, Supreme Court of the State of New York,
County of Nassau, Supreme Court of the State of New York, County of Westchester, Supreme
Court of the State of New York, County of Putnam, Supreme Court of the State of New York,
County of Orange, Supreme Court of the State of New York, County of Ontario, Supreme Court
of the State of New York, County of New York, and/or Supreme Court of the State of New York,
County of Bronx, against me personally in the sum of $13,455.00 less any payments timely made
pursuant to the Merchant Agreement dated February 8, 2018, plus legal fees to Plaintiff
calculated at twenty five percent (25%) of the total of the aforesaid sums, costs, expenses and
disbursements and interest at the rate of 16% per annum from February 8, 2018. or the highest
rate allowed by law, whichever is greater. Such amount shall be set forth in an affidavit to be
executed by Plaintiff or an affirmation by Plaintiff's attorney, which shall be attached hereto at
the time of entry of this Confession of Judgment.
Defendants'
6) This confession of judgment is for a debt due to Plaintiff arising from
failure to pay to Plaintiff, Merchant Defendant's accounts-receivable, which were purchased by
Plaintiff pursuant to the secured Merchant Agreement dated February 8, 2018, and for
Defendants' attorneys'
breach of the secured Merchant Agreement, plus agreed-upon interest,
fees, costs and disbursements, as agreed-upon by Merchant Defendant and myself, under the
secured Merchant Agreement, dated February 8, 2018, of which supporting documents include a
Personal Guarantee and/or a UCC-1 financing statement(s).
7) Merchant Defendant and I hereby agree that this Affidavit of Confession of Judgment
may be entered in the event of default under the Merchant Agreement dated February 8, 2018,
without notice, and that the execution and delivery of this Affidavit of Confession of Judgment
and any entry of judgment thereon shall be without prejudice to any and all rights of Plaintiff,
which reserves allof itsrights and remedies against Defendants.
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FILED: ERIE COUNTY CLERK 04/10/2018 02:38 PM INDEX NO. 805644/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018
8) If for any reason entry of judgment in the above specified amount or execution on the
same is outside the jurisdiction of this Court, 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,
By: .
DANIEL BRITO, indiv y. and on
behalf of ALLIANCE AUTOMOTIVE
BODY SHOP, LLC d/b/a ALLIANCE
AUTOMOTIVE BODY SHOP
On the 7 day of -d 4, , inthe year 2018, before me, the undersigned Notary Public
in and for said state, personally appeared DANIEL BRITO, personally known to me or proved to
me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf of which the individual
acted, executed the instrument.
t't
Notary Public
PAULINA VALENCtA
*· 3' MY COMMISSION #FF177659
EXPIRES November 18, 2018
(407 3984163 FloridaNotaryService,Com
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Preview
FILED: ERIE COUNTY CLERK 04/10/2018 02:38 PM INDEX NO. 805644/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018 SUPREME COURTOF THE STATE OF NEW YORK COUNTY OF Erie -X GREEN CAPITAL FUNDING, LLC, index No. Plaintiff. AFFIDAVIT OF CONFESSION OF JUDGMENT -against- ALLIANCE AUTOMOTIVE BODY SHOP, LLC d/b/a ALLIANCE AUTOMOTIVE BODY SHOP, AND DANIEL BRITO, Defendants. ------------_________________----------------------x Florida STATE OF ) ) ss.: am - ade OF, COUNTY OF ) DANIEL BRITO, being duly sworn, deposes and says: 1) I am a principal, owner, and an officer of ALLIANCE AUTOMOTIVE BODY SHOP, LLC d/b/a ALLIANCE AUTO.MOTIVE BODY SHOP, a Limited Liability Company located at 13720 SW 143RD CT STE 103, MIAMI, FL 33186 in the County of MlAMI-DADE, and as such, I have the authority to act on behalf of ALLIANCE AUTOMOTIVE BODY SHOP, LLC d/b/a ALLIANCE AUTOMOTIVE BODY SHOP, and have been authorized to execute this affidavit of confession of judgment. (ALLIANCE AUTOMOTIVE BODY SHOP, LLC d/b/a ALLIANCE AUTOMOTIVE BODY SHOP is referred to as "Merchant Defendant".) 2) I reside at 374 NE 26TH AVE #104, HOMESTEAD, FL 33033, in the County of M1AMI-DADE. 3) 1, individually, and on behalf of Merchant Defendant consent to the jurisdiction of this Court. 4) Merchant Defendant hereby confesses judgment and authorizes entry of judgment in favor of Plaintiff and against Defendants in the Federal District Court for the Southem District of New York, Supreme Court of the State of New York, County of Richmond, Supreme Court of the State of New York, County of Queens, Supreme Court of the State of New York, County of Erie, Supreme Court of the State of New York, County of Nassau, Supreme Court of the State of New York, County of Westchester, Supreme Court of the State of New York, County of Putnam, Supreme Court of the State of New York, County of Orange, Supreme Court of the State of New York, County of Ontario, Supreme Court of the State of New York, County of New York, and/or Supreme Court of the State of New York, County of Bronx, in the sum of $13,455.00 less any 1 of 3 FILED: ERIE COUNTY CLERK 04/10/2018 02:38 PM INDEX NO. 805644/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018 payments timely made pursuant to the secured Merchant Agreement dated February 8, 2018, plus legal fees to Plaintiff calculated at twenty-five percent (25%) of the total of the aforesaid sums, costs, expenses and disbursements and interest at the rate of 16% per annum from February 8, 2018, or the highest amount allowed by law, whichever is greater. Such amount shall be set forth in an affidavit to be executed by Plaintiff or an affirmation by Plaintiff's attorney, which shall be attached hereto at the time of entry of this Affidavit of Confession of Judgment. 5) in addition, 1 hereby confess judgment, individually and personally, jointly and severally, and authorize entry of judgment in favor of Plaintiff and against myself in the Federal District Court for the Southern District of New York, Supreme Court of the State of New York, County of Richmond, Supreme Court of the State of New York, County of Queens, Supreme Court of the State of New York, County of Erie, Supreme Court of the State of New York, County of Nassau, Supreme Court of the State of New York, County of Westchester, Supreme Court of the State of New York, County of Putnam, Supreme Court of the State of New York, County of Orange, Supreme Court of the State of New York, County of Ontario, Supreme Court of the State of New York, County of New York, and/or Supreme Court of the State of New York, County of Bronx, against me personally in the sum of $13,455.00 less any payments timely made pursuant to the Merchant Agreement dated February 8, 2018, plus legal fees to Plaintiff calculated at twenty five percent (25%) of the total of the aforesaid sums, costs, expenses and disbursements and interest at the rate of 16% per annum from February 8, 2018. or the highest rate allowed by law, whichever is greater. Such amount shall be set forth in an affidavit to be executed by Plaintiff or an affirmation by Plaintiff's attorney, which shall be attached hereto at the time of entry of this Confession of Judgment. Defendants' 6) This confession of judgment is for a debt due to Plaintiff arising from failure to pay to Plaintiff, Merchant Defendant's accounts-receivable, which were purchased by Plaintiff pursuant to the secured Merchant Agreement dated February 8, 2018, and for Defendants' attorneys' breach of the secured Merchant Agreement, plus agreed-upon interest, fees, costs and disbursements, as agreed-upon by Merchant Defendant and myself, under the secured Merchant Agreement, dated February 8, 2018, of which supporting documents include a Personal Guarantee and/or a UCC-1 financing statement(s). 7) Merchant Defendant and I hereby agree that this Affidavit of Confession of Judgment may be entered in the event of default under the Merchant Agreement dated February 8, 2018, without notice, and that the execution and delivery of this Affidavit of Confession of Judgment and any entry of judgment thereon shall be without prejudice to any and all rights of Plaintiff, which reserves allof itsrights and remedies against Defendants. Remainder of page intentionally left blank 2 2 of 3 FILED: ERIE COUNTY CLERK 04/10/2018 02:38 PM INDEX NO. 805644/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018 8) If for any reason entry of judgment in the above specified amount or execution on the same is outside the jurisdiction of this Court, 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, By: . DANIEL BRITO, indiv y. and on behalf of ALLIANCE AUTOMOTIVE BODY SHOP, LLC d/b/a ALLIANCE AUTOMOTIVE BODY SHOP On the 7 day of -d 4, , inthe year 2018, before me, the undersigned Notary Public in and for said state, personally appeared DANIEL BRITO, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. t't Notary Public PAULINA VALENCtA *· 3' MY COMMISSION #FF177659 EXPIRES November 18, 2018 (407 3984163 FloridaNotaryService,Com 3 3 of 3