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FILED: ORANGE COUNTY CLERK 08/13/2018 03:10 PM INDEX NO. EF008523-2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/13/2018
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOF ORANGE
-------------------------------------------X X
SYNDiMATE
IndexNo.:
Plaintiff,
-against-
AFFIDAVIT
CALHOUNDISCOUNTMINIMALLLLCand
STEVEMCGREGORY
Defendants.
--------------------------------------------------X X
JACOB HERSHKOVICH, for whom swearing is forbidden, hereby affirms and says:
(" Plaintiff"
1. I am an Executive Officer at Syndimate ("Plaintiff").
I am responsible forsupervising
customers and collections. As such, I have personal knowledge of the facts related to this
Affidavit.
2. On or about JUNE 19, 2018, Plaintiff on the one side, and DefendantsCALHOUN
"Merchants"
DISCOUNT MINI MALL LLC and STEVE MCGREGORY (collectively"Merchants") on the other side,
"Agreement,"
entered into a Merchant Agreement (the attached hereto as Exhibit A), whereby
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Plaintiffpurchased from Merchants certain future receivables, valued at $41,700.00, for a purchase
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amount of $30,000.00.
3. Pursuant to the terms and conditions of the Agreement, the parties agreed toestablish a
Merchants'
depositing account to which settlement amounts due from each transaction of Future
Receivables are deposited and from which Plaintiffreceives a specific daily amount of $278.00 by
means of automatic ACH debiting.
4. Between JUNE 21, 2018 and AUGUST 06, 2018, Merchants made some of the foregoing
ACH payments in the total amount of $6,672.00, as required under the Agreement.
5. On or about AUGUST 07, 2018, in default of its obligations under the Agreement,
Merchants ceased making ACH payments, leaving a balance of $35,028.00.
1Bk:5132
of 3 Pg:810 Index:#EFOO8523-2018 Clerk:DB
FiledinOrangeCounty 08/13/2018 03:10:34PM$0.00
FILED: ORANGE COUNTY CLERK 08/13/2018 03:10 PM INDEX NO. EF008523-2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/13/2018
6. On or about JUNE 19, 2018, STEVE MCGREGORY signed and executed a personal
"Guaranty"
guaranty of performance of the Agreement (the "Guaranty"). ld.
7. On or about JUNE 19, 2018 to further secure performance of the Agreement and
Guaranty, STEVE MCGREGORY executed an affidavit of Confession of Judgment on his own behalf
and on behalf of CALHOUN DISCOUNT MINI MALL LLC.
8. Pursuant to the Confession of Judgment, Defendants confessed to payingPlaintiff's attorney's
fees in the sum of 25% of the amount owed upon default, which is equal to the amount
Plaintiff is being charged by counsel for the services rendered in connection with the instant
action.
9. Merchants are in default of the Confession of Judgment, and STEVE MCGREGORY is in
default of the Guaranty.
10. Therefore, Plaintiff is entitled to enter judgment pursuant the Confession ofJudgment,
giving credit for the amounts paid as set forth above.
11. The undersigned Affirmant is familiar with the business records of Plaintiff,which are kept
under the Affirmant's supervision and control, and, in particular, Affirmant is familiar with the records
involved in this transaction, which is the subject of the matter at suit. The entries in said books
of account aro mado in the ordinary course of business and it is the regular course of business
to make such records. Said entries were made at or near the times of the transactions to
which they refer, and they show that Merchants are indebted to Plaintiffin the manner and
amount herein set forth. Affirmant has relied upon said business records and upon his own
personal knowledge of this transaction in making this Affidavit.
2 of 3
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FILED: ORANGE COUNTY CLERK 08/13/2018 03:10 PM INDEX NO. EF008523-2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/13/2018
WHEREFORE, Plaintiffdemands Judgment against CALHOUN DISCOUNT MINI MALL LLCand
attorneys' pre-
STEVE MCGREGORY for the sum of $35,028.00, fees in the amount of $8,757.00,
judgment interest as of AUGUST 07, 2018 of 16% per annum in the amount of $38.39, costs
of $225.00, for a total Judgment sum of $44,048.39, plus post judgment interest of 9% per
annum, and such other and further relief as the Court may deem just and proper.
J ERSHKOVICH
Affirmedtobeforemethis ^e=n.±r^eacee m:2,,
IIIPUFAISHAIASOl'l"
9thofAug2018 .'I~-,-, ~ NIPUNAISHARASONNADARA ',
Commission#2118422 '.
C
. 8 e nuc J
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' I I FILED: ORANGE COUNTY CLERK 08/13/2018 03:10 PM INDEX NO. EF008523-2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/13/2018 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOF ORANGE -------------------------------------------X X SYNDiMATE IndexNo.: Plaintiff, -against- AFFIDAVIT CALHOUNDISCOUNTMINIMALLLLCand STEVEMCGREGORY Defendants. --------------------------------------------------X X JACOB HERSHKOVICH, for whom swearing is forbidden, hereby affirms and says: (" Plaintiff" 1. I am an Executive Officer at Syndimate ("Plaintiff"). I am responsible forsupervising customers and collections. As such, I have personal knowledge of the facts related to this Affidavit. 2. On or about JUNE 19, 2018, Plaintiff on the one side, and DefendantsCALHOUN "Merchants" DISCOUNT MINI MALL LLC and STEVE MCGREGORY (collectively"Merchants") on the other side, "Agreement," entered into a Merchant Agreement (the attached hereto as Exhibit A), whereby I Plaintiffpurchased from Merchants certain future receivables, valued at $41,700.00, for a purchase 'i amount of $30,000.00. 3. Pursuant to the terms and conditions of the Agreement, the parties agreed toestablish a Merchants' depositing account to which settlement amounts due from each transaction of Future Receivables are deposited and from which Plaintiffreceives a specific daily amount of $278.00 by means of automatic ACH debiting. 4. Between JUNE 21, 2018 and AUGUST 06, 2018, Merchants made some of the foregoing ACH payments in the total amount of $6,672.00, as required under the Agreement. 5. On or about AUGUST 07, 2018, in default of its obligations under the Agreement, Merchants ceased making ACH payments, leaving a balance of $35,028.00. 1Bk:5132 of 3 Pg:810 Index:#EFOO8523-2018 Clerk:DB FiledinOrangeCounty 08/13/2018 03:10:34PM$0.00 FILED: ORANGE COUNTY CLERK 08/13/2018 03:10 PM INDEX NO. EF008523-2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/13/2018 6. On or about JUNE 19, 2018, STEVE MCGREGORY signed and executed a personal "Guaranty" guaranty of performance of the Agreement (the "Guaranty"). ld. 7. On or about JUNE 19, 2018 to further secure performance of the Agreement and Guaranty, STEVE MCGREGORY executed an affidavit of Confession of Judgment on his own behalf and on behalf of CALHOUN DISCOUNT MINI MALL LLC. 8. Pursuant to the Confession of Judgment, Defendants confessed to payingPlaintiff's attorney's fees in the sum of 25% of the amount owed upon default, which is equal to the amount Plaintiff is being charged by counsel for the services rendered in connection with the instant action. 9. Merchants are in default of the Confession of Judgment, and STEVE MCGREGORY is in default of the Guaranty. 10. Therefore, Plaintiff is entitled to enter judgment pursuant the Confession ofJudgment, giving credit for the amounts paid as set forth above. 11. The undersigned Affirmant is familiar with the business records of Plaintiff,which are kept under the Affirmant's supervision and control, and, in particular, Affirmant is familiar with the records involved in this transaction, which is the subject of the matter at suit. The entries in said books of account aro mado in the ordinary course of business and it is the regular course of business to make such records. Said entries were made at or near the times of the transactions to which they refer, and they show that Merchants are indebted to Plaintiffin the manner and amount herein set forth. Affirmant has relied upon said business records and upon his own personal knowledge of this transaction in making this Affidavit. 2 of 3 I FILED: ORANGE COUNTY CLERK 08/13/2018 03:10 PM INDEX NO. EF008523-2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/13/2018 WHEREFORE, Plaintiffdemands Judgment against CALHOUN DISCOUNT MINI MALL LLCand attorneys' pre- STEVE MCGREGORY for the sum of $35,028.00, fees in the amount of $8,757.00, judgment interest as of AUGUST 07, 2018 of 16% per annum in the amount of $38.39, costs of $225.00, for a total Judgment sum of $44,048.39, plus post judgment interest of 9% per annum, and such other and further relief as the Court may deem just and proper. J ERSHKOVICH Affirmedtobeforemethis ^e=n.±r^eacee m:2,, IIIPUFAISHAIASOl'l" 9thofAug2018 .'I~-,-, ~ NIPUNAISHARASONNADARA ', Commission#2118422 '. C . 8 e nuc J