ADVANCE SERVICING INC v. GMRA, LLC et al, 501633/2024, 1 (N.Y. Sup. Ct., Kings County Jan. 17, 2024) (2024)

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`FILED: KINGS COUNTY CLERK 01/17/2024 08:46 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 501633/2024
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`RECEIVED NYSCEF: 01/17/2024
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`Copies To:
`GMRA, LLC
`4730 S Fort Apache Rd #300
`Las Vegas, NV 89147
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`FILED: KINGS COUNTY CLERK 01/17/2024 08:46 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 501633/2024
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`RECEIVED NYSCEF: 01/17/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
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`ADVANCE SERVICING INC.,
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`Plaintiff,
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`-against-
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`GMRA, LLC and THOMAS G. MCLEOD,
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`Defendants.
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`INDEX NO:
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`VERIFIED COMPLAINT
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`Plaintiff, by its attorneys, DAVID FOGEL P.C., as and for its complaint herein,
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`alleges against GMRA, LLC and THOMAS G. MCLEOD (collectively, “Defendants”), the
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`following:
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`1. At all times hereinafter mentioned, Plaintiff was and still is a corporation
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`authorized to do business in New York.
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`2. At all times hereinafter mentioned, upon information and belief, Defendant
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`GMRA, LLC was and still is a limited liability company, organized under the laws
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`of the State of NV.
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`3. At all times hereinafter mentioned, upon information and belief, Defendant
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`THOMAS G. MCLEOD was and still is a resident of the State of TX.
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`4. Defendants agreed that any action between the parties arising out of the subject
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`contract described hereunder be instituted in any court sitting in New York State
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`and are therefore subject to the jurisdiction of this Court.
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`FILED: KINGS COUNTY CLERK 01/17/2024 08:46 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 501633/2024
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`RECEIVED NYSCEF: 01/17/2024
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`AS AND FOR A FIRST CAUSE OF ACTION
`(Breach of Contract Against GMRA, LLC)
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`5. Plaintiff and GMRA, LLC entered into a written contract, dated May 05, 2023 (the
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`“Contract”) whereby GMRA, LLC sold to Plaintiff its future receipts having a
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`value of $32,400.00 (“Receivables”) for the sum of $22,500.00 (“Purchase Price”),
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`which Receivables were to be paid to Plaintiff pursuant to a payment schedule
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`set forth in the Contract.
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`6. GMRA, LLC agreed that in the event of its default under the Contract, such as
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`the one alleged herein, the full uncollected Receivables plus all fees due under
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`the Contract (as a result of the default) would become immediately due and
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`payable in full to Plaintiff.
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`7. Upon Plaintiff’s receipt of the executed Contract and pursuant to its terms,
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`Plaintiff paid to GMRA, LLC the Purchase Price.
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`8. On or about December 06, 2023, GMRA, LLC materially breached the terms of
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`the Contract by causing the Receivables to be deposited into a separate account
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`not designated in the Contract, blocked the payment due to Plaintiff so that
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`Plaintiff could not collect the amount of Receivables due and/or prevented
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`Plaintiff from collecting the amount due to non-sufficient funds or otherwise
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`failed to pay and/or prevented Plaintiff from collecting the amount due
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`pursuant to the payment schedule in the Contract and thereby defaulted under
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`the terms of the Contract or otherwise violated a material term of the Contract
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`which constituted an event of default thereunder.
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`FILED: KINGS COUNTY CLERK 01/17/2024 08:46 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 501633/2024
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`RECEIVED NYSCEF: 01/17/2024
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`9. Based upon the foregoing and after accounting for payments made and
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`applicable fees, GMRA, LLC owes Plaintiff a balance in the amount of $16,094.00.
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`10. Moreover, pursuant to the Contract, said defendant owes Plaintiff reasonable
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`attorneys’ fees in an amount to be determined by the Court.
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`11. By reason of the foregoing, Plaintiff has been damaged as a result of the above-
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`described default in an amount of no less than $16,094.00 with interest thereon
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`from December 06, 2023.
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`AS AND FOR A SECOND CAUSE OF ACTION
`(Breach of Guaranty Against THOMAS G. MCLEOD)
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`12. Plaintiff repeats, reiterates and re-alleges each and every allegation contained
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`within the preceding paragraphs as if fully set forth at length herein.
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`13. Defendant THOMAS G. MCLEOD executed a Personal Guaranty of Performance
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`of all the obligations of the corporate codefendant set forth in the Contract.
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`14. By reason of the Guaranty, said Defendant is obliged to pay to Plaintiff the
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`amount set forth in the preceding cause of action.
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`WHEREFORE, Plaintiff demands judgment against Defendants, as follows:
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`(i)
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`On the first cause of action, against GMRA, LLC, in the amount of $16,094.00
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`with interest from December 06, 2023;
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`(ii) On the second cause of action, against THOMAS G. MCLEOD, in the amount
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`of $16,094.00 with interest from December 06, 2023;
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`(iii)
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`attorney’s fees in amount as the Court deems just and proper;
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`(iv)
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`all together with the costs and disbursem*nts of this action; and
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`FILED: KINGS COUNTY CLERK 01/17/2024 08:46 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 501633/2024
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`RECEIVED NYSCEF: 01/17/2024
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`(v)
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`any such other and further relief as the Court deems just and proper.
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`Garden City, NY
`January 15, 2024
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`DATED:
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`DAVID FOGEL P.C.
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`s/ David Fogel
`David Fogel, Esq.
`1225 Franklin Avenue
`Suite 201
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`Garden City, New York 11530
`Tel: 516-279-1420
`Attorney for Plaintiff
`File No.: 19118
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`INDEX NO. 501633/2024
`FILED: KINGS COUNTY CLERK 01/17/2024 08:46 AM
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`FILED:KINGSCOUNTYCLERK01/17/2024 08:46 B INDEX NO. 501633/2024 |
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`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 01/17/2024
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 01/17/2024
`SUPREME COURT OF THE STATE OF NEW YORK
`,
`COUNTY OF KINGS
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`ADVANC ewei DEX NO:
`ADVANCESERVICINGINC.,
`IN
`VERIFICATION OF
`COMPLAINT
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`inti
`Plaintit,
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`-against-
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`GMRA, LLC and THOMAS G. MCLEOD,
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`& PLAINTIFF VERIFICATION
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`Defendants.
`peecarenmeeeeettniaor oanIQ
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`O ATTORNEY VERIFICATION
`DAVID FOGEL,an attorney duly admitted to practice
`before the Court of the State of New York,affirms the
`truth of the following under the penalties of perjury:
`
`STATE OF NY)
`COUNTYOF NASSAU)**:
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`1. That I am the attorney of record for the Plaintiff with
`respect to the above-entitled action, and as such I am
`fully familiar with the facts and circ*mstancesset forth
`in Plaintiff's annexed complaint.
`I have read the
`foregoing complaint and, upon information andbelief,
`know the contents thereof to be true. This verification
`is made by your deponent rather than by plaintiff
`because Plaintiff's
`residence/principal
`place
`of
`businessis located in a county other than the county in
`which mylaw office is situated.
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`2. The grounds of my belief include my review of
`certain of Plaintiff's books and records, and my
`communications with Plaintiff.
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`Dated: Garden City, NY
`January 15, 2024
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`DAVID FOGELP.C.
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`— D
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`avid Fogel, Esq.
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`DAISY GONZALEZ,being duly sworn, deposes and
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`says:
`am Operations Manager of ADVANCE
`I
`SERVICINGINC., the Plaintiff herein; I have read the
`foregoing complaint and know the contents thereof;
`that the same is true to my knowledge except those
`matters herein stated to be alleged upon information
`and belief, and as to those matter I believe them to be
`true. The grounds for my belief as to those matters
`herein not stated upon my knowledgeis based upon the
`records in
`my possession.
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`S}WORN TO BEFORE ME THIS.
`DAY OF
`20
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`NOTABY
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`PUBLIC
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`CHARMAINE WASHINGTON
`Notary Public - State of New York
`No. 01WA6391289
`Qualified in Nassau County
`My Commission Expires April 29, 2027
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`FILED: KINGS COUNTY CLERK 01/17/2024 08:46 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 501633/2024
`
`RECEIVED NYSCEF: 01/17/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`-----------------------------------------------------------------------------x
`ADVANCE SERVICING INC.,
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`
`
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`Plaintiff,
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`-against-
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`GMRA, LLC and THOMAS G. MCLEOD,
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`INDEX NO:
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`Defendants.
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`NOTICE OF ELECTRONIC FILING (Mandatory Case)
`(Uniform Rule § 202.5-bb)
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`You have received this Notice because:
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`1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
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`New York State Courts E-filing system (“NYSCEF”), and
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`2) You are a Defendant/Respondent (a party) in this case.
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`•
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`•
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`If you are represented by an attorney:
`Give this Notice to your attorney. (Attorneys: see “Information for Attorneys” pg. 2).
`If you are not represented by an attorney:
`You will be served with all documents in paper and you must serve and file your documents in
`paper, unless you choose to participate in e-filing.
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`If you choose to participate in e-filing, you must have access to a computer and a scanner or
`other device to convert documents into electronic format, a connection to the internet, and an e-
`mail address to receive service of documents.
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`The benefits of participating in e-filing include:
`serving and filing your documents electronically
`•
`•
`free access to view and print your e-filed documents
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`limiting your number of trips to the courthouse
`• paying any court fees on-line (credit card needed)
`To register for e-filing or for more information about how e-filing works:
`visit: www.nycourts.gov/efile-unrepresented or
`•
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`contact the Clerk’s Office or Help Center at the court where the case was filed. Court contact information
`can be found at www.nycourts.gov
`To find legal information to help you represent yourself visit www.nycourthelp.gov
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`Information for Attorneys (E-filing is Mandatory for Attorneys)
`An attorney representing a party who is served with this notice must either:
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`1) immediately record his or her representation within the e-filed matter on the NYSCEF site
`www.nycourts.gov/efile; or
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`2) file the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all
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`parties. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the
`computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject
`to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)]
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`For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at
`www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail:
`efile@nycourts.gov).
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`Dated: January 15, 2024
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`DAVID FOGEL P.C.
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`s/ David Fogel
`David Fogel, Esq.
`Tel: 516-279-1420
`legaldocs@dfogelpc.com
`File No.: 19118
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