Preview
FILED: KINGS COUNTY CLERK 03/09/2022 12:27 PM INDEX NO. 506955/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.:
COUNTY OF KINGS
---------------------------------------------------------------x SUMMONS
HYBRID ADVANCE,
Plaintiff, Plaintiff designates KINGS
County as the place of trial
-against-
The basis of the venue is:
WE FIX DAT CONSTRUCTION LLC Pursuant to the agreement between
DBA WE FIX DAT CONSTRUCTION the parties
and EDWIN GERARDO ANDALUZ,
Plaintiff’s Address:
Defendant(s). 5314 16TH AVE STE 139
---------------------------------------------------------------x BROOKLYN, NY 11219
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: March 8, 2022 Yana Chechelnitsky, Esq.
Attorney for Plaintiff
61-43 186th Street, Suite 450
TO: Fresh Meadows, NY 11365
877-464-8470
WE FIX DAT CONSTRUCTION LLC
DBA WE FIX DAT CONSTRUCTION
3701 ARIZONA AVE
KENNER, LA 70065
EDWIN GERARDO ANDALUZ
3701 ARIZONA AVE
KENNER, LA 70065
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SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.:
COUNTY OF KINGS
-----------------------------------------------------------------------
HYBRID ADVANCE
Plaintiff, VERIFIED COMPLAINT
-against-
WE FIX DAT CONSTRUCTION LLC
DBA WE FIX DAT CONSTRUCTION
and EDWIN GERARDO ANDALUZ,
Defendant(s).
-----------------------------------------------------------------------
Plaintiff, HYBRID ADVANCE (hereinafter referred to as the “Plaintiff”), by its attorney,
Yana Chechelnitsky Esq., for its Complaint herein against WE FIX DAT CONSTRUCTION LLC
DBA WE FIX DAT CONSTRUCTION (hereinafter referred to as the “Business Defendant”) and
EDWIN GERARDO ANDALUZ (hereinafter referred to as the “Individual Defendant”)
(hereinafter collectively referred to as the “Defendants”) allege as follows:
THE PARTIES
1. At all relevant times, Plaintiff was and is a limited liability company incorporated in the
State of New Jersey and authorized to conduct business in the State of New York.
2. Upon information and belief, and at all relevant times, Business Defendant was and is a
company organized and existing under the laws of the State of Louisiana, and is subject to
the personal jurisdiction of this court pursuant to the Agreement between the parties.
3. Upon information and belief, at all relevant times herein, the Individual Defendant was
and is an individual residing in the State of Louisiana, and is subject to the personal
jurisdiction of this court pursuant to the Agreement between the parties.
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4. Venue is proper in the State of New York pursuant to CPLR §501 pursuant to the
Agreement between the parties.
THE FACTS
5. On or about 02/01/2022, Plaintiff and Business Defendant entered into a Purchase and Sale
of Future Receivables Agreement (hereinafter referred to as the “Agreement”) whereby
Plaintiff agreed to purchase all rights to Business Defendant’s future account receivables
having a face value of $25,483.00 with an agreed upon purchase price of $17,000.00. A
copy of the Agreement is annexed hereto as Exhibit A.
6. Pursuant to the aforesaid Agreement, Business Defendant agreed to have one bank account
approved by Plaintiff (hereinafter referred to as the “Bank Account”) from which Business
Defendant authorized Plaintiff to debit 25% of its daily revenue until the purchased amount
of receivables- $25,483.00 - was paid in full.
7. In addition, Individual Defendant agreed to guarantee any and all amounts owed to Plaintiff
from Business Defendant upon a breach in performance by Business Defendant.
8. Plaintiff remitted the purchase price for the future receivables to Business Defendant as
was agreed upon; and therefore, fully complied with its obligations and duties under the
Agreement.
9. Initially, Business Defendant met its obligations under the Agreement.
10. On or about 03/03/2022, 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 conducting
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regular business operations and still in receipt of accounts-receivable. This constitutes a
default under the Agreement.
11. Business Defendant made payments totaling $4,778.10 leaving a balance of $20,704.90.
12. Additionally, pursuant to the Agreement, Business Defendant incurred a “Default/Blocked
Account Fee” in the amount of $2,500.00 and a “UCC Filing Fee” in the amount of $195.00
to cover the cost of filing UCC-1 Financing Statement in connection with the Agreement.
13. Pursuant to the Agreement, the aforesaid fees have to be applied to Business Defendant’s
outstanding balance in the event Business Defendant altered or stopped depositing
receivables into the Bank Account. Please refer to Exhibit A, page: 2 at ¶ 2 §C; page: 7
at ¶ 34.
14. The combined sum of the balance due to Plaintiff and fees provide for a total balance of
$23,399.90 due and owing to the Plaintiff.
15. Pursuant to the terms of the Agreement, Defendants further owe Plaintiff a total of
$5,176.23 representing reasonable attorney’s fees, or twenty five percent (25%), incurred
in the collection of the underlying balance. Please refer to Exhibit A, page: 2 at ¶ 2 §E
page: 9 at ¶ 44.
16. By reason of the foregoing, the Plaintiff has been damaged in the sum of $23,399.90,
together with attorney’s fees of $5,176.23, resulting in a sum total of $28,576.13.
17. Despite due demand, Business Defendant has failed to pay the amounts due and owing by
Business Defendant to Plaintiff under the Agreement.
18. Additionally, Individual Defendant is responsible for all amounts incurred as a result of
any default by Business Defendant.
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19. There remains a total balance due and owing to Plaintiff on the Agreement in the amount
of $28,576.13 with interest thereon from 03/03/2022, plus costs and disbursements.
AS AND FOR A FIRST CAUSE OF ACTION
(BREACH OF CONTRACT)
20. Plaintiff repeats and realleges each and every allegation contained in Paragraphs “1”
through “19” of this Complaint as though fully set herein at length.
21. Plaintiff gave fair consideration to Business Defendant which was tendered for the right to
receive the aforementioned receivables. Thus, Plaintiff fully performed under the Merchant
Agreement.
22. Upon information and belief, Business Defendant is still conducting regular business
operations and still collecting receivables.
23. Business Defendant breached the Agreement by defaulting on its representations and
warranties to Plaintiff by blocking Plaintiff’s access to the designated Bank Account from
which Business Defendant agreed to permit Plaintiff to withdraw receivables, by failing to
deposit receivables into the Bank Account, by disposing of Plaintiff’s assets without
Plaintiff’s prior written express consent, and/ or by depositing receivables into a bank
account other than the Bank Account, all while still conducting regular business operations.
24. As a result, Plaintiff has been unable to collect its daily percentage of receivables purchased
from Business Defendant since the date of the aforesaid default.
25. By reason of the foregoing, Plaintiff is entitled to judgment against Business Defendant for
the breach of contract in the total sum of $23,399.90 of future receivables and all the
amounts incurred as a result of the default, with interest thereon from 03/03/2022, costs,
disbursements, and attorney’s fees.
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AS AND FOR A SECOND CAUSE OF ACTION
(BREACH OF PERSONAL GUARANTEE)
26. Plaintiff repeats and realleges each and every allegation contained in Paragraphs “1”
through “25” of this Complaint as though fully set forth at length herein.
27. Pursuant to the Agreement, Individual Defendant personally guaranteed that Business
Defendant would perform its obligations under the Agreement and that he would be
personally liable for any loss suffered by Plaintiff because of a breach by the Business
Defendant.
28. Business Defendant has breached the Agreement as detailed above.
29. By reason of the foregoing, Plaintiff is entitled to a judgment against the Individual
Defendant based on his personal guarantee in the sum of $23,399.90, with interest thereon
from 03/03/2022, costs, disbursements, and attorney’s fees.
AS AND FOR A THIRD CAUSE OF ACTION
AGAINST ALL DEFENDANTS
(ATTORNEY’S FEES)
30. Plaintiff repeats and reaffirms the allegations contained in Paragraphs "l" through "29"
above as though fully set forth herein.
31. Pursuant to the terms of the Agreement, Defendants further owe Plaintiff a total of
$5,176.23 representing reasonable attorney’s fees, or twenty five percent (25%), incurred
in the collection of the underlying balance. Please refer to Exhibit A, page: 2 at ¶ 2 §E
page: 9 at ¶ 44.
32. By reason of the foregoing, the Plaintiff has been damaged in the sum of $23,399.90,
together with attorney’s fees of $5,176.23, resulting in a sum total of $28,576.13.
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WHEREFORE, Plaintiff, HYBRID ADVANCE, requests Judgment against the Business
Defendant, WE FIX DAT CONSTRUCTION LLC DBA WE FIX DAT CONSTRUCTION,
Individual Defendant, EDWIN GERARDO ANDALUZ, jointly and severally, as follows:
a. On the First Cause of Action of the Complaint, Plaintiff requests Judgment against
Business Defendant in the amount of $23,399.90, plus interest, costs,
disbursements, and attorney’s fees; and
b. On the Second Cause of Action of the Complaint, Plaintiff requests Judgment
against Individual Defendant in the amount of $23,399.90, plus interest, costs,
disbursements, and attorney’s fees; and
c. On the Third Cause of Action of the Complaint, Plaintiff requests Judgment against
Business Defendant and Individual Defendant in the amount of $23,399.90, with
interest thereon from 03/03/2022, with reasonable attorney’s fees of $5,176.23,
resulting in a sum total of $28,576.13, costs and disbursements.
d. For such other and further relief as this Court deems just and proper.
Dated: Queens, New York
March 8, 2022
By: ______________________
Yana Chechelnitsky, Esq.
Attorney for Plaintiff
61-43 186th Street, Suite 450
Fresh Meadows, NY 11365
877-464-8470
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STATE O
)
COUNTY OF
JOSH DEMBITZBR, beingtiuly swom, states:
I;am one of thocMANAGING MEMBERS for Plaintiff, HYBRID ADVANCE in the
within action. I have reacLthe foregoing Verified Complaint and know the contents thereof; the
same is in to pt as to the matters therein stated to be alleged upon information
and beliefend as tathose matters, I believe them to be true.
The fomggjpg spçnsp ve under penalties of perjury.
OSH D ITZER
Sworn to fore me this day of , 2022
Notary blic .
JUDY FEKEIE
NOTARYPUBLIC,STATE0F NEWYORK
Registration
No.01FE077841
Qualifiedin KingComity
ComminionExpires07/160022
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.:
COUNTY OF KINGS
------------------------------------------------------------------x
HYBRID ADVANCE,
Plaintiffs,
- against -
WE FIX DAT CONSTRUCTION LLC
DBA WE FIX DAT CONSTRUCTION
and EDWIN GERARDO ANDALUZ,
Defendant(s).
------------------------------------------------------------------x
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing
of the accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant
to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by
Subdivision (b) (3) of that Section.
The New York State Courts Electronic Filing System (“NYSCEF”) is designed for the electronic
filing of documents with the County Clerk and the court and for the electronic service of those documents,
court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who
do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(e) must
immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure
to do so may result in an inability to receive electronic notice of document filings.
Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they
lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2)
self-represented parties who choose not to participate in e-filing. For additional information about electronic
filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or
contact the NYSCEF Resource Center at 646386-3033 or efile@courts.state.ny.us.
Dated: March 8, 2022
YANA CHECHELNITSKY, ESQ.
Attorney for Plaintiff
61-43 186th Street, Suite 450
Fresh Meadows, NY 11365
877-464-8470
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.:
COUNTY OF KINGS
............................................................................................................................................................
HYBRID ADVANCE,
Plaintiff,
-against-
WE FIX DAT CONSTRUCTION LLC
DBA WE FIX DAT CONSTRUCTION
and EDWIN GERARDO ANDALUZ,
Defendant(s).
............................................................................................................................................................
SUMMONS AND VERIFIED COMPLAINT
............................................................................................................................................................
YANA CHECHELNITSKY, ESQ.
Attorney for Plaintiff
61-43 186th Street, Suite 450
Fresh Meadows, NY 11365
877-464-8470
............................................................................................................................................................
Service of a copy of the within is hereby admitted.
Dated:
Attorney(s) for
............................................................................................................................................................
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Preview
FILED: KINGS COUNTY CLERK 03/09/2022 12:27 PM INDEX NO. 506955/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.: COUNTY OF KINGS ---------------------------------------------------------------x SUMMONS HYBRID ADVANCE, Plaintiff, Plaintiff designates KINGS County as the place of trial -against- The basis of the venue is: WE FIX DAT CONSTRUCTION LLC Pursuant to the agreement between DBA WE FIX DAT CONSTRUCTION the parties and EDWIN GERARDO ANDALUZ, Plaintiff’s Address: Defendant(s). 5314 16TH AVE STE 139 ---------------------------------------------------------------x BROOKLYN, NY 11219 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: March 8, 2022 Yana Chechelnitsky, Esq. Attorney for Plaintiff 61-43 186th Street, Suite 450 TO: Fresh Meadows, NY 11365 877-464-8470 WE FIX DAT CONSTRUCTION LLC DBA WE FIX DAT CONSTRUCTION 3701 ARIZONA AVE KENNER, LA 70065 EDWIN GERARDO ANDALUZ 3701 ARIZONA AVE KENNER, LA 70065 1 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 12:27 PM INDEX NO. 506955/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.: COUNTY OF KINGS ----------------------------------------------------------------------- HYBRID ADVANCE Plaintiff, VERIFIED COMPLAINT -against- WE FIX DAT CONSTRUCTION LLC DBA WE FIX DAT CONSTRUCTION and EDWIN GERARDO ANDALUZ, Defendant(s). ----------------------------------------------------------------------- Plaintiff, HYBRID ADVANCE (hereinafter referred to as the “Plaintiff”), by its attorney, Yana Chechelnitsky Esq., for its Complaint herein against WE FIX DAT CONSTRUCTION LLC DBA WE FIX DAT CONSTRUCTION (hereinafter referred to as the “Business Defendant”) and EDWIN GERARDO ANDALUZ (hereinafter referred to as the “Individual Defendant”) (hereinafter collectively referred to as the “Defendants”) allege as follows: THE PARTIES 1. At all relevant times, Plaintiff was and is a limited liability company incorporated in the State of New Jersey and authorized to conduct business in the State of New York. 2. Upon information and belief, and at all relevant times, Business Defendant was and is a company organized and existing under the laws of the State of Louisiana, and is subject to the personal jurisdiction of this court pursuant to the Agreement between the parties. 3. Upon information and belief, at all relevant times herein, the Individual Defendant was and is an individual residing in the State of Louisiana, and is subject to the personal jurisdiction of this court pursuant to the Agreement between the parties. 2 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 12:27 PM INDEX NO. 506955/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 4. Venue is proper in the State of New York pursuant to CPLR §501 pursuant to the Agreement between the parties. THE FACTS 5. On or about 02/01/2022, Plaintiff and Business Defendant entered into a Purchase and Sale of Future Receivables Agreement (hereinafter referred to as the “Agreement”) whereby Plaintiff agreed to purchase all rights to Business Defendant’s future account receivables having a face value of $25,483.00 with an agreed upon purchase price of $17,000.00. A copy of the Agreement is annexed hereto as Exhibit A. 6. Pursuant to the aforesaid Agreement, Business Defendant agreed to have one bank account approved by Plaintiff (hereinafter referred to as the “Bank Account”) from which Business Defendant authorized Plaintiff to debit 25% of its daily revenue until the purchased amount of receivables- $25,483.00 - was paid in full. 7. In addition, Individual Defendant agreed to guarantee any and all amounts owed to Plaintiff from Business Defendant upon a breach in performance by Business Defendant. 8. Plaintiff remitted the purchase price for the future receivables to Business Defendant as was agreed upon; and therefore, fully complied with its obligations and duties under the Agreement. 9. Initially, Business Defendant met its obligations under the Agreement. 10. On or about 03/03/2022, 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 conducting 3 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 12:27 PM INDEX NO. 506955/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 regular business operations and still in receipt of accounts-receivable. This constitutes a default under the Agreement. 11. Business Defendant made payments totaling $4,778.10 leaving a balance of $20,704.90. 12. Additionally, pursuant to the Agreement, Business Defendant incurred a “Default/Blocked Account Fee” in the amount of $2,500.00 and a “UCC Filing Fee” in the amount of $195.00 to cover the cost of filing UCC-1 Financing Statement in connection with the Agreement. 13. Pursuant to the Agreement, the aforesaid fees have to be applied to Business Defendant’s outstanding balance in the event Business Defendant altered or stopped depositing receivables into the Bank Account. Please refer to Exhibit A, page: 2 at ¶ 2 §C; page: 7 at ¶ 34. 14. The combined sum of the balance due to Plaintiff and fees provide for a total balance of $23,399.90 due and owing to the Plaintiff. 15. Pursuant to the terms of the Agreement, Defendants further owe Plaintiff a total of $5,176.23 representing reasonable attorney’s fees, or twenty five percent (25%), incurred in the collection of the underlying balance. Please refer to Exhibit A, page: 2 at ¶ 2 §E page: 9 at ¶ 44. 16. By reason of the foregoing, the Plaintiff has been damaged in the sum of $23,399.90, together with attorney’s fees of $5,176.23, resulting in a sum total of $28,576.13. 17. Despite due demand, Business Defendant has failed to pay the amounts due and owing by Business Defendant to Plaintiff under the Agreement. 18. Additionally, Individual Defendant is responsible for all amounts incurred as a result of any default by Business Defendant. 4 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 12:27 PM INDEX NO. 506955/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 19. There remains a total balance due and owing to Plaintiff on the Agreement in the amount of $28,576.13 with interest thereon from 03/03/2022, plus costs and disbursements. AS AND FOR A FIRST CAUSE OF ACTION (BREACH OF CONTRACT) 20. Plaintiff repeats and realleges each and every allegation contained in Paragraphs “1” through “19” of this Complaint as though fully set herein at length. 21. Plaintiff gave fair consideration to Business Defendant which was tendered for the right to receive the aforementioned receivables. Thus, Plaintiff fully performed under the Merchant Agreement. 22. Upon information and belief, Business Defendant is still conducting regular business operations and still collecting receivables. 23. Business Defendant breached the Agreement by defaulting on its representations and warranties to Plaintiff by blocking Plaintiff’s access to the designated Bank Account from which Business Defendant agreed to permit Plaintiff to withdraw receivables, by failing to deposit receivables into the Bank Account, by disposing of Plaintiff’s assets without Plaintiff’s prior written express consent, and/ or by depositing receivables into a bank account other than the Bank Account, all while still conducting regular business operations. 24. As a result, Plaintiff has been unable to collect its daily percentage of receivables purchased from Business Defendant since the date of the aforesaid default. 25. By reason of the foregoing, Plaintiff is entitled to judgment against Business Defendant for the breach of contract in the total sum of $23,399.90 of future receivables and all the amounts incurred as a result of the default, with interest thereon from 03/03/2022, costs, disbursements, and attorney’s fees. 5 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 12:27 PM INDEX NO. 506955/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 AS AND FOR A SECOND CAUSE OF ACTION (BREACH OF PERSONAL GUARANTEE) 26. Plaintiff repeats and realleges each and every allegation contained in Paragraphs “1” through “25” of this Complaint as though fully set forth at length herein. 27. Pursuant to the Agreement, Individual Defendant personally guaranteed that Business Defendant would perform its obligations under the Agreement and that he would be personally liable for any loss suffered by Plaintiff because of a breach by the Business Defendant. 28. Business Defendant has breached the Agreement as detailed above. 29. By reason of the foregoing, Plaintiff is entitled to a judgment against the Individual Defendant based on his personal guarantee in the sum of $23,399.90, with interest thereon from 03/03/2022, costs, disbursements, and attorney’s fees. AS AND FOR A THIRD CAUSE OF ACTION AGAINST ALL DEFENDANTS (ATTORNEY’S FEES) 30. Plaintiff repeats and reaffirms the allegations contained in Paragraphs "l" through "29" above as though fully set forth herein. 31. Pursuant to the terms of the Agreement, Defendants further owe Plaintiff a total of $5,176.23 representing reasonable attorney’s fees, or twenty five percent (25%), incurred in the collection of the underlying balance. Please refer to Exhibit A, page: 2 at ¶ 2 §E page: 9 at ¶ 44. 32. By reason of the foregoing, the Plaintiff has been damaged in the sum of $23,399.90, together with attorney’s fees of $5,176.23, resulting in a sum total of $28,576.13. 6 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 12:27 PM INDEX NO. 506955/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 WHEREFORE, Plaintiff, HYBRID ADVANCE, requests Judgment against the Business Defendant, WE FIX DAT CONSTRUCTION LLC DBA WE FIX DAT CONSTRUCTION, Individual Defendant, EDWIN GERARDO ANDALUZ, jointly and severally, as follows: a. On the First Cause of Action of the Complaint, Plaintiff requests Judgment against Business Defendant in the amount of $23,399.90, plus interest, costs, disbursements, and attorney’s fees; and b. On the Second Cause of Action of the Complaint, Plaintiff requests Judgment against Individual Defendant in the amount of $23,399.90, plus interest, costs, disbursements, and attorney’s fees; and c. On the Third Cause of Action of the Complaint, Plaintiff requests Judgment against Business Defendant and Individual Defendant in the amount of $23,399.90, with interest thereon from 03/03/2022, with reasonable attorney’s fees of $5,176.23, resulting in a sum total of $28,576.13, costs and disbursements. d. For such other and further relief as this Court deems just and proper. Dated: Queens, New York March 8, 2022 By: ______________________ Yana Chechelnitsky, Esq. Attorney for Plaintiff 61-43 186th Street, Suite 450 Fresh Meadows, NY 11365 877-464-8470 7 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 12:27 PM INDEX NO. 506955/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 STATE O ) COUNTY OF JOSH DEMBITZBR, beingtiuly swom, states: I;am one of thocMANAGING MEMBERS for Plaintiff, HYBRID ADVANCE in the within action. I have reacLthe foregoing Verified Complaint and know the contents thereof; the same is in to pt as to the matters therein stated to be alleged upon information and beliefend as tathose matters, I believe them to be true. The fomggjpg spçnsp ve under penalties of perjury. OSH D ITZER Sworn to fore me this day of , 2022 Notary blic . JUDY FEKEIE NOTARYPUBLIC,STATE0F NEWYORK Registration No.01FE077841 Qualifiedin KingComity ComminionExpires07/160022 8 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 12:27 PM INDEX NO. 506955/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.: COUNTY OF KINGS ------------------------------------------------------------------x HYBRID ADVANCE, Plaintiffs, - against - WE FIX DAT CONSTRUCTION LLC DBA WE FIX DAT CONSTRUCTION and EDWIN GERARDO ANDALUZ, Defendant(s). ------------------------------------------------------------------x NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Courts Electronic Filing System (“NYSCEF”) is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646386-3033 or efile@courts.state.ny.us. Dated: March 8, 2022 YANA CHECHELNITSKY, ESQ. Attorney for Plaintiff 61-43 186th Street, Suite 450 Fresh Meadows, NY 11365 877-464-8470 9 of 10 FILED: KINGS COUNTY CLERK 03/09/2022 12:27 PM INDEX NO. 506955/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.: COUNTY OF KINGS ............................................................................................................................................................ HYBRID ADVANCE, Plaintiff, -against- WE FIX DAT CONSTRUCTION LLC DBA WE FIX DAT CONSTRUCTION and EDWIN GERARDO ANDALUZ, Defendant(s). ............................................................................................................................................................ SUMMONS AND VERIFIED COMPLAINT ............................................................................................................................................................ YANA CHECHELNITSKY, ESQ. Attorney for Plaintiff 61-43 186th Street, Suite 450 Fresh Meadows, NY 11365 877-464-8470 ............................................................................................................................................................ Service of a copy of the within is hereby admitted. Dated: Attorney(s) for ............................................................................................................................................................ 10 of 10