Preview
FILED: NEW YORK COUNTY CLERK 05/11/2018 05:48 PM INDEX NO. 154567/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/11/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
GREEN CAPITAL FUNDING LLC, Index No.:
Plaintiff, AFFIDAVIT IN SUPPORT
-against-
ROBERT F. WINEGARDEN, DDS, P.C. d/b/a
ROBERT F. WINEGARDEN, DDS and ROBERT F
WINEGARDEN,
Defendants.
STATE OF NEW JERSEY )
) ss.:
COUNTY OF HUDSON )
AVRAHAM Y. WEINSTEIN, 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 Jersey. 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 ROBERT F. WINEGARDEN, DDS, P.C. d/b/a ROBERT F. WINEGARDEN, DDS
(" (" Robert"
("Defendant RFW") and Defendant ROBERT F WINEGARDEN ("Defendant Robert") (collectively,
"Defendants"
"Defendants").
3. On February 1, 2018, Defendant RFW entered into a secured merchant agreement (the
"Agreement" accounts-
"Agreement") whereby GCF agreed to buy all rights of the Defendant RFW's future
receivable, having a face value of $186,875.00. The purchase price for these receivables was
"A"
$125,000.00. Attached hereto as Exhibit is a true and accurate copy of the Agreement.
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FILED: NEW YORK COUNTY CLERK 05/11/2018 05:48 PM INDEX NO. 154567/2018
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4. Pursuant to the Agreement, Defendant RFW authorized GCF to debit from its bank
account, by means of an online ACH debit, a percentage of Defendant RFW's accounts-receivable (the
Percentage" - -
"Specified Percentage"), until the purchased amount of receivables $186,875.00 was paid in full.
5. Defendant RFW agreed to exclusively use one bank account approved by GCF (the
"Account"
"Account"), into which Defendant RFW agreed to deposit all of its receipts, 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 RFW used a bank account other
than the Account, or Defendant RFW prevented GCF from debiting the Account, either by instructing
the bank to block GCF's ACH debits or via other means, Defendant RFW was in default of the
Agreement. See Exhibit "A", Para. 3.1.
7. In addition, Defendant Robert executed a personal guarantee of performance,
guaranteeing Defendant RFW'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 RFW'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 RFW under
the Agreement against Defendant Robert, without firstseeking recourse from Defendant RFW.
9. Furthermore, Defendant Robert executed and delivered into GCF's possession, a
notarized Affidavit of Confession of Judgment, authorizing GCF to enter judgment against Defendant
Defendants'
RFW and Defendant Robert, jointly and severally, in the event of default of the Agreement,
plus legal fees of twenty-five percent (25%) of the total of the aforesaid sums.
10. Defendant RFW made payments under the Agreement totaling $106,445.00, and has
stopped remitting payments to GCF on or about May 11, 2018, although they are still conducting regular
business operations and still in receipt of accounts-receivable. This is a default under the Agreement and
Amount"
there remains a balance due and owing to GCF in the amount of $80,430.00 (the "Default ).
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FILED: NEW YORK COUNTY CLERK 05/11/2018 05:48 PM INDEX NO. 154567/2018
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11. While the Agreement does not have a provision stating that GCF must send Defendant
RFW and Defendant Robert a Notice of Default prior to entering any judgment, Defendant RFW and
Defendant Robert were made aware that a Confession of Judgment will be entered against them lest they
settle their outstanding balance.
12. Defendant RFW and Defendant Robert 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 May 11, 2018, the date of default whereby Defendant RFW 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
RFW, GCF is entitled to legal fees of twenty-five percent (25'/o) of the Default Amount, which amount
totals $20,107.50. GCF agrees to waive those fees.
15. Accordingly, there remains a balance due and owing to GCF in the amount of
$80,430.00, plus interest from May 11, 2018 (the date of default whereby Defendant RFW ceased
making payments under the Agreement), 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 $80,430.00, plus interest from May 11, 2018, and costs, and that the Court
grant such other and further relief as this Court deems just and proper.
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FILED: NEW YORK COUNTY CLERK 05/11/2018 05:48 PM INDEX NO. 154567/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/11/2018
Dated: Jersey City, New Jersey
May 11, 2018
HAM . TEIN
On May 11, 2018, before me, the undersigned Notary Public in and for sai st te, nally appeared
AVRAHAM Y. WEINSTEIN, personally known to me or proved to me on ba s of satisfactory
evidence to be the individual whose name is subscribed to the within instrumen 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.
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FILED: NEW YORK COUNTY CLERK 05/11/2018 05:48 PM INDEX NO. 154567/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/11/2018
Index No. Year RJI No. Hon.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
GREEN CAPITAL FUNDING LLC,
Plaintiff,
-against-
ROBERT F. WINEGARDEN, DDS, P.C. d/b/a ROBERT F. WINEGARDEN, DDS and ROBERT F
WINEGARDEN,
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: NEW YORK COUNTY CLERK 05/11/2018 05:48 PM INDEX NO. 154567/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/11/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK GREEN CAPITAL FUNDING LLC, Index No.: Plaintiff, AFFIDAVIT IN SUPPORT -against- ROBERT F. WINEGARDEN, DDS, P.C. d/b/a ROBERT F. WINEGARDEN, DDS and ROBERT F WINEGARDEN, Defendants. STATE OF NEW JERSEY ) ) ss.: COUNTY OF HUDSON ) AVRAHAM Y. WEINSTEIN, 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 Jersey. 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 ROBERT F. WINEGARDEN, DDS, P.C. d/b/a ROBERT F. WINEGARDEN, DDS (" (" Robert" ("Defendant RFW") and Defendant ROBERT F WINEGARDEN ("Defendant Robert") (collectively, "Defendants" "Defendants"). 3. On February 1, 2018, Defendant RFW entered into a secured merchant agreement (the "Agreement" accounts- "Agreement") whereby GCF agreed to buy all rights of the Defendant RFW's future receivable, having a face value of $186,875.00. The purchase price for these receivables was "A" $125,000.00. Attached hereto as Exhibit is a true and accurate copy of the Agreement. 1 of 5 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:48 PM INDEX NO. 154567/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/11/2018 4. Pursuant to the Agreement, Defendant RFW authorized GCF to debit from its bank account, by means of an online ACH debit, a percentage of Defendant RFW's accounts-receivable (the Percentage" - - "Specified Percentage"), until the purchased amount of receivables $186,875.00 was paid in full. 5. Defendant RFW agreed to exclusively use one bank account approved by GCF (the "Account" "Account"), into which Defendant RFW agreed to deposit all of its receipts, 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 RFW used a bank account other than the Account, or Defendant RFW prevented GCF from debiting the Account, either by instructing the bank to block GCF's ACH debits or via other means, Defendant RFW was in default of the Agreement. See Exhibit "A", Para. 3.1. 7. In addition, Defendant Robert executed a personal guarantee of performance, guaranteeing Defendant RFW'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 RFW'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 RFW under the Agreement against Defendant Robert, without firstseeking recourse from Defendant RFW. 9. Furthermore, Defendant Robert executed and delivered into GCF's possession, a notarized Affidavit of Confession of Judgment, authorizing GCF to enter judgment against Defendant Defendants' RFW and Defendant Robert, jointly and severally, in the event of default of the Agreement, plus legal fees of twenty-five percent (25%) of the total of the aforesaid sums. 10. Defendant RFW made payments under the Agreement totaling $106,445.00, and has stopped remitting payments to GCF on or about May 11, 2018, although they are still conducting regular business operations and still in receipt of accounts-receivable. This is a default under the Agreement and Amount" there remains a balance due and owing to GCF in the amount of $80,430.00 (the "Default ). 2 of 5 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:48 PM INDEX NO. 154567/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/11/2018 11. While the Agreement does not have a provision stating that GCF must send Defendant RFW and Defendant Robert a Notice of Default prior to entering any judgment, Defendant RFW and Defendant Robert were made aware that a Confession of Judgment will be entered against them lest they settle their outstanding balance. 12. Defendant RFW and Defendant Robert 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 May 11, 2018, the date of default whereby Defendant RFW 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 RFW, GCF is entitled to legal fees of twenty-five percent (25'/o) of the Default Amount, which amount totals $20,107.50. GCF agrees to waive those fees. 15. Accordingly, there remains a balance due and owing to GCF in the amount of $80,430.00, plus interest from May 11, 2018 (the date of default whereby Defendant RFW ceased making payments under the Agreement), 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 $80,430.00, plus interest from May 11, 2018, and costs, and that the Court grant such other and further relief as this Court deems just and proper. 3 of 5 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:48 PM INDEX NO. 154567/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/11/2018 Dated: Jersey City, New Jersey May 11, 2018 HAM . TEIN On May 11, 2018, before me, the undersigned Notary Public in and for sai st te, nally appeared AVRAHAM Y. WEINSTEIN, personally known to me or proved to me on ba s of satisfactory evidence to be the individual whose name is subscribed to the within instrumen 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. 1II II //g~ IIIIII// B "~i, Vgg NOTARY PUBLIC o qP TA// I. qQTMt s .. ,p++ 1- /'uOI.I< VB Lh 1JI = ~p' Pz.O2 go>'-'q+: .:-"' ""~ ~~, 8 ~5 ~'~ x'~. OF oF !//g~ NEW NEW 0~~ /IIIIIIIIIIII ~<>IIIII'>~ 4 of 5 FILED: NEW YORK COUNTY CLERK 05/11/2018 05:48 PM INDEX NO. 154567/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/11/2018 Index No. Year RJI No. Hon. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK GREEN CAPITAL FUNDING LLC, Plaintiff, -against- ROBERT F. WINEGARDEN, DDS, P.C. d/b/a ROBERT F. WINEGARDEN, DDS and ROBERT F WINEGARDEN, 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