FILED: KINGS COUNTY CLERK 06/02/2021 09:44 AM
`NYSCEF DOC. NO. 1
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`SAMSON MCA LLC
`
`
`
`
`-against-
`
`
`
`
`
`Index No.:
`
`Plaintiff Date Purchased
`
`SUMMONS
`
`Plaintiff address is
`90 JOHN STREET
`NEW YORK, NY 10038
`
`INDEX NO. 513162/2021
`
`RECEIVED NYSCEF: 06/02/2021
`
`
`
`
`
`IJNA HOME HEALTH SERVICES, LLC D/B/A IJNA
`NURSING SERVICES and
`BRANDON A DIXON
`
`
`
`
`
`
`
`
`Defendants
`
`
`
`
`TO THE ABOVE NAMED DEFENDANTS:
`
`YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff attorney, at the
`
`address stated below, an answer to the attached complaint. If this summons was personally delivered
`upon you in the State of New York, the answer must be served within twenty days after such service
`of the summons, excluding the date of service. If the summons was not personally delivered to you
`within the State of New York, the answer must be served within thirty days after service of the
`summons is complete as provided by law.
`
`If you do not serve an answer to the attached complaint within the applicable time limitation
`stated above, a judgment may be entered against you, by default, for the relief demanded in the
`complaint, without further notice to you.
`
`The basis for venue is pursuant to the Contract entered into between the parties.
`
`Dated:
`
`
`
`
`New York, New York
`May 28, 2021
`
`
`Ariel Bouskila, Esq.
`Berkovitch & Bouskila, PLLC
`Attorneys for Plaintiff
`80 Broad St Suite 3303
`New York, New York 10004
`Phone:(212)729-1477
`Fax:(347)342-3192
`
`
`
`Defendants to be served:
`IJNA HOME HEALTH SERVICES, LLC
`D/B/A IJNA NURSING SERVICES
`2379 NE LOOP 410 STE 117
`SAN ANTONIO, TX 78217
`
`BRANDON A DIXON
`13130 Fairacres Way
`San Antonio, TX 78217
`
`
`
`
`
`
`
`
`
`1 of 7
`
`
`NYSCEF DOC. NO. 1
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`SAMSON MCA LLC
`
`
`
`
`-against-
`
`
`
`
`
`Index No.:
`
`Plaintiff Date Purchased
`
`SUMMONS
`
`Plaintiff address is
`90 JOHN STREET
`NEW YORK, NY 10038
`
`INDEX NO. 513162/2021
`
`RECEIVED NYSCEF: 06/02/2021
`
`
`
`
`
`IJNA HOME HEALTH SERVICES, LLC D/B/A IJNA
`NURSING SERVICES and
`BRANDON A DIXON
`
`
`
`
`
`
`
`
`Defendants
`
`
`
`
`TO THE ABOVE NAMED DEFENDANTS:
`
`YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff attorney, at the
`
`address stated below, an answer to the attached complaint. If this summons was personally delivered
`upon you in the State of New York, the answer must be served within twenty days after such service
`of the summons, excluding the date of service. If the summons was not personally delivered to you
`within the State of New York, the answer must be served within thirty days after service of the
`summons is complete as provided by law.
`
`If you do not serve an answer to the attached complaint within the applicable time limitation
`stated above, a judgment may be entered against you, by default, for the relief demanded in the
`complaint, without further notice to you.
`
`The basis for venue is pursuant to the Contract entered into between the parties.
`
`Dated:
`
`
`
`
`New York, New York
`May 28, 2021
`
`
`Ariel Bouskila, Esq.
`Berkovitch & Bouskila, PLLC
`Attorneys for Plaintiff
`80 Broad St Suite 3303
`New York, New York 10004
`Phone:(212)729-1477
`Fax:(347)342-3192
`
`
`
`Defendants to be served:
`IJNA HOME HEALTH SERVICES, LLC
`D/B/A IJNA NURSING SERVICES
`2379 NE LOOP 410 STE 117
`SAN ANTONIO, TX 78217
`
`BRANDON A DIXON
`13130 Fairacres Way
`San Antonio, TX 78217
`
`
`
`
`
`
`
`
`
`1 of 7
`
`
`
`FILED: KINGS COUNTY CLERK 06/02/2021 09:44 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 513162/2021
`
`RECEIVED NYSCEF: 06/02/2021
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`SAMSON MCA LLC
`
`
`
`
`-against-
`
`
`
`
`
`
`Plaintiff,
`
`
`
`Index No.:
`
`
`
`VERIFIED
`COMPLAINT
`
`
`
`
`
`
`
`
`IJNA HOME HEALTH SERVICES, LLC D/B/A IJNA NURSING
`SERVICES and
`BRANDON A DIXON
`
`
`
`Defendants
`
`
`
`
`
`
`
`Plaintiff SAMSON MCA LLC ("Plaintiff'), by its attorney, Ariel Bouskila Esq., for its
`
`complaint herein against IJNA HOME HEALTH SERVICES, LLC D/B/A IJNA NURSING
`
`SERVICES (referred to collectively as "Company Defendant") and BRANDON A DIXON
`
`("Guarantor") (Company Defendant and Guarantor collectively "Defendants"), alleges as follows:
`
`The Parties
`
`
`
`1.
`
`At all relevant times, Plaintiff was and is an entity authorized to do business in the
`
`State of New York.
`
`
`
`2.
`
`Upon information and belief, at all relevant times, Company Defendant was and is a
`
`company organized and existing under the laws of the State of TX.
`
`
`
`3.
`
`Upon information and belief, at all relevant times, Guarantor was and is an individual
`
`residing in the State of TX.
`
`The Facts
`
`
`
`4.
`
`On or about April 12, 2021, Plaintiff and Defendants entered into a revenue purchase
`
`agreement (the "Agreement") whereby Plaintiff agreed to purchase all rights to Company
`
`Defendant's future receivables having an agreed upon value of $5,800.00. A copy of the agreement
`
`is annexed hereto as Exhibit A.
`
`2 of 7
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`FILED: KINGS COUNTY CLERK 06/02/2021 09:44 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 513162/2021
`
`RECEIVED NYSCEF: 06/02/2021
`
`
`
`5.
`
`Pursuant to the Agreement, Company Defendant agreed to have one bank account
`
`approved by Plaintiff (the "Bank Account") from which Company Defendant authorized Plaintiff to
`
`make daily ACH withdrawals until $5,800.00 was fully paid to Plaintiff.
`
`
`
`6.
`
`In addition, Guarantor agreed to guarantee any and all amounts owed to Plaintiff
`
`from Company Defendant upon a breach in performance by Company Defendant.
`
`
`
`7.
`
`Plaintiff remitted the Purchase Price for the future receivables to Company
`
`Defendant as agreed. Initially, Company Defendant met its obligations under the Agreement.
`
`
`
`8.
`
`Company Defendant ceased remitting to Plaintiff the Plaintiff’s share of Purchased
`
`Receivables and otherwise breached the Agreement by intentionally impeding and preventing
`
`Plaintiff from making the agreed upon ACH withdrawals from the Bank Account while conducting
`
`regular business operations and collecting revenue.
`
`
`
`9.
`
`Company Defendant made payments totaling $1,600.00 leaving a balance of
`
`$4,200.00. In addition, pursuant to the Agreement, Company Defendant incurred NSF fees in the
`
`amount of $400.00 and a default fee in the amount of $2,500.00.
`
`
`
`10.
`
`Despite due demand, Company Defendant has failed to remit the purchased amount
`
`due and owing by Company Defendant to Plaintiff under the Agreement.
`
`
`
`11.
`
`Additionally, Guarantor is responsible for all amounts incurred as a result of any
`
`breach of the Company Defendant.
`
`
`
`12.
`
`There remains a balance due and owing to Plaintiff on the Agreement in the amount
`
`of $7,100.00 plus interest, costs, disbursements and attorney's fees.
`
`AS AND FOR THE FIRST CAUSE OF ACTION
`(Breach of Contract)
`Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
`
`
`
`13.
`
`through 12 of this complaint as though fully set forth at length herein.
`
`3 of 7
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`FILED: KINGS COUNTY CLERK 06/02/2021 09:44 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 513162/2021
`
`RECEIVED NYSCEF: 06/02/2021
`
`
`
`14.
`
`Plaintiff gave fair consideration to Company Defendant which was tendered for the
`
`right to receive the aforementioned receivables. Accordingly, Plaintiff fully performed under the
`
`Agreement.
`
`
`
`15.
`
`Upon information and belief, Company Defendant is still conducting regular
`
`business operations and still collecting receivables.
`
`
`
`16.
`
`Company Defendant has materially breached the Agreement by failing to remit to
`
`Plaintiff the Plaintiffs share of Future Receivables, as required under the Agreement and otherwise
`
`intentionally impeding and preventing Plaintiff from receiving the proceeds of the receivables
`
`purchased by them.
`
`
`
`17.
`
`Upon information and belief, Company Defendant has also materially breached the
`
`Agreement by using more than one depositing bank (account which has not been approved by
`
`Plaintiff.
`
`
`
`18.
`
`By reason of the foregoing, Plaintiff has suffered damages in the amount of
`
`$7,100.00, plus interest, costs, disbursements and attorney's fees.
`
`AS AND FOR A SECOND CAUSE OF ACTION
`(Personal Guarantee)
`
`
`
`19.
`
`Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
`
`through 18 of this complaint as though fully set forth at length herein.
`
`
`
`20.
`
`Pursuant to the Agreement, Guarantor personally guaranteed that Company
`
`Defendant would perform its obligations thereunder and that he would be personally liable for any
`
`loss suffered by Plaintiff as a result of a breach by Company Defendant.
`
`
`
`21.
`
`Company Defendant has breached the Agreement as detailed above.
`
`4 of 7
`
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`FILED: KINGS COUNTY CLERK 06/02/2021 09:44 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 513162/2021
`
`RECEIVED NYSCEF: 06/02/2021
`
`
`
`
`
`
`
`
`
`
`22.
`
`By reason of the foregoing, Plaintiff is entitled to judgment against Guarantor based
`
`on his personal guarantee in the sum of $7,100.00, plus interest, costs, disbursements and attorney’s
`
`fees.
`
` WHEREFORE, plaintiff SAMSON MCA LLC requests judgment against defendants IJNA
`
`
`
`HOME HEALTH SERVICES, LLC D/B/A IJNA NURSING SERVICES and BRANDON
`
`A DIXON as follows:
`
`
`
`
`
`(i)
`
`On the first cause of action of the complaint, Plaintiff requests judgment against
`
`
`
`
`
`Company Defendant in the amount of $7,100.00, plus interest, costs, disbursements and
`
`attorney’s fees;
`
`(ii)
`
`On the second cause of action of the complaint, Plaintiffs request judgment
`
`against Guarantor in the amount of $7,100.00, plus interest, costs, disbursements and
`
`attorney’s fees;
`
`(iv)
`
`For such other and further relief as this Court deems just and proper.
`
`
`
`
`Ariel Bouskila, Esq.
`Berkovitch & Bouskila, PLLC
`Attorneys for Plaintiff
`80 Broad St Suite 3303
`New York, New York 10004
`Phone:(212)729-1477
`Fax:(347)342-3192
`
`Dated:
`
`
`
`New York, New York
`May 28, 2021
`
`
`
`
`
`
`
`5 of 7
`
`
`
`FILED: KINGS COUNTY CLERK 06/02/2021 09:44 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 513162/2021
`
`RECEIVED NYSCEF: 06/02/2021
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`SAMSON MCA LLC
`
`Index No.:
`
`-against-
`
`Plaintiff,
`
`IJNA HOME HEALTH SERVICES, LLC D/B/A IJNA NURSING
`SERVICES and
`BRANDON A DIXON
`
`Defendants
`
`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 646-386-3033 or
`efile@courts.state.ny.us.
`Dated: May 28, 2021
`
`Ariel Bouskila, Esq.
`Berkovtich & Bouskila, PLLC
`Attorneys for Plaintiff
`80 Broad St Suite 3303
`New York, New York 10004
`Phone:(212)729-1477
`Fax:(347)342-3192
`
`6 of 7
`
`
`
`FILED: KINGS COUNTY CLERK 06/02/2021 09:44 AM
`FILED: KINGS COUNTY CLERK 06mz021 09:44 A
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 513162/2021
`INDEX NO- 513162/2021
`
`
`
`
`
`R«C«IV«D VYSCEF: 06/02/2021
`RECEIVED NYSCEF: 06/02/2021
`
`
`
`STATE OF NEW YORK
`
`COUNTY OF NEW YORK
`
`)
`
`)
`
`ss.:
`
`JULIANNE BARNES, being duly sworn, states:
`
`Iam an authorized representative of Plaintiff SAMSON MCA LLC in the within action. I have
`
`read the foregoing Verified Complaint and know the contents thereof;
`
`the same is true to my
`
`knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to
`
`those matters I believe them to be true.
`
`The foregoing statements are true under penalties of p
`
`'ury.
`
` JULIANNE BARNES,
`
`Sworn to before me this
`
`May 28, 2021.
`
`
`I‘ Notary Public}
`
`
`
`Ariel chskiia
`
`mm PUBLIC. STATE OF NEW YORK
`
`Wm Nu. {12306334934
`Qlllified in Rncldmd C‘s-my
`
`
`Comni-m‘fixpims Dec. ‘23, 2093
`
`
`7of7
`7 of 7
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