On April 05, 2018 a
Party Statement
was filed
involving a dispute between
Ein Cap, Inc.,
and
Key Real Estate Services, Llc D B A Key Real Estate Services,
Sherayn G. Allen,
for Commercial - Contract
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 04/05/2018 10:58 AM INDEX NO. 805447/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/05/2018
SUPREME COURT OF THF. STATE OF NEW YORK
COUNTY OF ERIE
EIN CAP, INC.
Index No.:
Plaintiff,
AFFIDAVIT IN SUPPORT OF
ENTRY OF JUDGMENT
-against-
KEY REAL ESTATE SERVICES, LLC d/b/a
KEY REAL ESTATE SERVICES and
SHARAYN G. ALLEN
Defendants
STATE OF NEW YORK )
COUNTY OF NEW YORK )
RUSSELL NAFTALI, being duly sworn, hereby deposes and states the following:
l. I am over the age of 18 and reside in the State of NEW YORK. I am an OFFICER of EIN
CAP, INC.. and as such, I am fully familiar with the facts and circumstances stated
herein. I am authorized to make this affidavit on behalf of EIN CAP, INC.
Defendants'
2. l make this Affidavit in support of EIN CAP, INC. entry of the confession of
judgment against the Defendants.
3. On 10/19/2017. KEY REAL ESTATE SERVICES, LLC d/b/a KEY REAL ESTATE
("
SERVICES ("Business Defendant") entered into a merchant agreement with ElN CAP,
INC. whereby Business Defendant sold itsfuture receivables and sales proceeds with a
face value of $40,081.00 to EIN CAP, INC. for the purchase price of $26,900.00.
Pursuant to the Agreement, Business Defendant authorized EIN CAP, INC. to debit from
a designated business account, a specified percentage of Business Defendant's sales
proceeds until such time EIN CAP, INC. received the full purchased amount, The
1 of 3
FILED: ERIE COUNTY CLERK 04/05/2018 10:58 AM INDEX NO. 805447/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/05/2018
Agreement provided that Business Defendant was obligated to deposit all sales proceeds
into the designated account. Further, the Agreement provided that EIN CAP, INC. would
collect itsspecified percentage of Business Defendant's daily sales by initiating ACH
debits on each business day. Business defendant was obligated to deposit all daily sales
proceeds into the designated account and not to interfere with EIN CAP, INC.'s
collection of the specified proceeds or itwould be indefault of the Agreement.
4. In addition, Defendant SHARAYN G. ALLEN executed a personal guarantee of
performance that Business Defendant would not breach the Agreement. The personal
guarantee provided that SHARAYN G. ALLEN would be liable in the event that
Business Defendant failed to deposit the daily sales proceeds into the designated bank
account, thus bouncing EIN CAP, INC.'s daily ACH debits, and eventually blocking the
debits altogether.
5. Business Defendant and SHARAYN G. ALLEN executed and delivered a notarized
affidavit of Confession of Judgment authorizing EIN CAP, INC. to enter judgment
against Defendants, jointly and severally, for the outstanding purchased receivables plus
legal fees in the amount of 33% of the total aforesaid sums.
6. Business Defendant initially performed under the Agreement, but eventually blocked
payments, leaving a remaining balance of $5,575.54. As such Defendants are in breach of
the Agreement and are liable to EIN CAP, INC. for the outstanding receivables plus costs
attorneys'
and fees.
7. Based upon the forgoing, ElN CAP, INC., requests the entry of judgment in itsfavor,
plus interest from 4/4/2018; the date Defendants breached the Agreement. Furthermore,
pursuant to the AAidavit of'Confession of Judgment executed by the Defendants, EIN
2 of 3
FILED: ERIE COUNTY CLERK 04/05/2018 10:58 AM INDEX NO. 805447/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/05/2018
attorneys'
CAP, INC., isentitled to fees that amount to $1,839.92 (33% of the
outstanding balance of the purchased receivables).
Wherefore, judgment should be entered in favor of Plaintiff and against the Defendants in the
amount of $5,575.54 plus interest at the rateof 16% from 4/4/2018 through the entry of
attorneys'
judgment herein. plus fees confessed in the amount of $l.839.92 plus costs taxed
by the clerk.
Sworn to me before this:
day, of April, 2018.
RÜSSELL NA1 TALI
Notary
JUSTIN C TANEO
NOTARY PUBLIC STATE OF NEW YORK
QUEENS COUNTY
LIC. # A 621 2
3 of 3
Document Filed Date
April 05, 2018
Case Filing Date
April 05, 2018
Category
Commercial - Contract
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FILED: ERIE COUNTY CLERK 04/05/2018 10:58 AM INDEX NO. 805447/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/05/2018 SUPREME COURT OF THF. STATE OF NEW YORK COUNTY OF ERIE EIN CAP, INC. Index No.: Plaintiff, AFFIDAVIT IN SUPPORT OF ENTRY OF JUDGMENT -against- KEY REAL ESTATE SERVICES, LLC d/b/a KEY REAL ESTATE SERVICES and SHARAYN G. ALLEN Defendants STATE OF NEW YORK ) COUNTY OF NEW YORK ) RUSSELL NAFTALI, being duly sworn, hereby deposes and states the following: l. I am over the age of 18 and reside in the State of NEW YORK. I am an OFFICER of EIN CAP, INC.. and as such, I am fully familiar with the facts and circumstances stated herein. I am authorized to make this affidavit on behalf of EIN CAP, INC. Defendants' 2. l make this Affidavit in support of EIN CAP, INC. entry of the confession of judgment against the Defendants. 3. On 10/19/2017. KEY REAL ESTATE SERVICES, LLC d/b/a KEY REAL ESTATE (" SERVICES ("Business Defendant") entered into a merchant agreement with ElN CAP, INC. whereby Business Defendant sold itsfuture receivables and sales proceeds with a face value of $40,081.00 to EIN CAP, INC. for the purchase price of $26,900.00. Pursuant to the Agreement, Business Defendant authorized EIN CAP, INC. to debit from a designated business account, a specified percentage of Business Defendant's sales proceeds until such time EIN CAP, INC. received the full purchased amount, The 1 of 3 FILED: ERIE COUNTY CLERK 04/05/2018 10:58 AM INDEX NO. 805447/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/05/2018 Agreement provided that Business Defendant was obligated to deposit all sales proceeds into the designated account. Further, the Agreement provided that EIN CAP, INC. would collect itsspecified percentage of Business Defendant's daily sales by initiating ACH debits on each business day. Business defendant was obligated to deposit all daily sales proceeds into the designated account and not to interfere with EIN CAP, INC.'s collection of the specified proceeds or itwould be indefault of the Agreement. 4. In addition, Defendant SHARAYN G. ALLEN executed a personal guarantee of performance that Business Defendant would not breach the Agreement. The personal guarantee provided that SHARAYN G. ALLEN would be liable in the event that Business Defendant failed to deposit the daily sales proceeds into the designated bank account, thus bouncing EIN CAP, INC.'s daily ACH debits, and eventually blocking the debits altogether. 5. Business Defendant and SHARAYN G. ALLEN executed and delivered a notarized affidavit of Confession of Judgment authorizing EIN CAP, INC. to enter judgment against Defendants, jointly and severally, for the outstanding purchased receivables plus legal fees in the amount of 33% of the total aforesaid sums. 6. Business Defendant initially performed under the Agreement, but eventually blocked payments, leaving a remaining balance of $5,575.54. As such Defendants are in breach of the Agreement and are liable to EIN CAP, INC. for the outstanding receivables plus costs attorneys' and fees. 7. Based upon the forgoing, ElN CAP, INC., requests the entry of judgment in itsfavor, plus interest from 4/4/2018; the date Defendants breached the Agreement. Furthermore, pursuant to the AAidavit of'Confession of Judgment executed by the Defendants, EIN 2 of 3 FILED: ERIE COUNTY CLERK 04/05/2018 10:58 AM INDEX NO. 805447/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/05/2018 attorneys' CAP, INC., isentitled to fees that amount to $1,839.92 (33% of the outstanding balance of the purchased receivables). Wherefore, judgment should be entered in favor of Plaintiff and against the Defendants in the amount of $5,575.54 plus interest at the rateof 16% from 4/4/2018 through the entry of attorneys' judgment herein. plus fees confessed in the amount of $l.839.92 plus costs taxed by the clerk. Sworn to me before this: day, of April, 2018. RÜSSELL NA1 TALI Notary JUSTIN C TANEO NOTARY PUBLIC STATE OF NEW YORK QUEENS COUNTY LIC. # A 621 2 3 of 3