FILED: KINGS COUNTY CLERK 06/23/2022 11:33 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 518019/2022
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`RECEIVED NYSCEF: 06/23/2022
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`----------------------------------------------------------------------------X
`CASHABLE LLC,
`
`PLAINTIFF,
`
`-AGAINST-
`
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`AXIS TRANSPORTATION AND COURIER SERVICE
`INC., AXIS MOTOR COMPANY INC, AXIS MOTOR
`CORP AND APPRAISAL SERVICE DBA WINTHROP
`MOTORS, MOCA AUTO BODY, INCORPORATED,
`SPIRO'S AUTO SALES, INC DBA AXIS MOTOR
`COMPANY, SOTOXWEAR LLC DBA SOTOXWEAR,
`J & M AUTO SALES INC., FELIX PAINTING, INC.,
`and FELIX SOTO,
`
`---------------------------------------------------------------------------X
`TO THE ABOVE-NAMED DEFENDANT(S):
`
`DEFENDANT(S),
`
`Index No.:
`Date Filed:
`
`SUMMONS
`Plaintiff's Place of Business:
`1221 McDonald Ave.
`Brooklyn, NY 11230
`
`The basis of the venue is pursuant
`to the contract entered into
`between the parties. Plaintiff
`designates Kings County as the
`place of trial.
`
`YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy
`of your Answer, or, if the complaint is not served with the summons, to serve a notice of appearance, on
`the Plaintiff’s attorney within twenty (20) days after the service of this Summons, exclusive of the day
`of service (or within thirty (30) days after completion of service where service 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: Suffern, New York
` June 23, 2022
`
`______
`
`Isaac H. Greenfield, Esq.
`Law Offices of Isaac H. Greenfield, PLLC
`Attorney for Plaintiff
`2 Executive Blvd., Ste. 305
`Suffern, NY 10901
` Phone: (718) 564-6268
`Fax: (516) 387-1117
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`INDEX NO. 518019/2022
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`RECEIVED NYSCEF: 06/23/2022
`
`FILED: KINGS COUNTY CLERK 06/23/2022 11:33 AM
`NYSCEF DOC. NO. 1
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`
`
`Defendants to be served:
`AXIS TRANSPORTATION AND COURIER SERVICE INC.;
`33 Sunset Rd, Watertown, MA 02472
`
`
`AXIS MOTOR COMPANY INC;
`AXIS MOTOR CORP AND APPRAISAL SERVICE DBA WINTHROP MOTORS
`325 Commandants Way Apt 113, Chelsea, MA 02150
`
`MOCA AUTO BODY, INCORPORATED;
`SPIRO'S AUTO SALES, INC DBA AXIS MOTOR COMPANY
`45 Fottler Rd, Mattapan, MA 02124
`
`SOTOXWEAR LLC DBA SOTOXWEAR
`25 Arsenal Rd, Framingham, MA 01702
`
` J
`
` & M AUTO SALES INC.
`415 Poplar St, Roslindale, MA 02131
`
`FELIX PAINTING, INC.
`259 East High St, Avon, MA 02322
`
`
`
`
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`FELIX SOTO
`325 Commandants Way Apt 113, Chelsea, MA 02150
`
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`FILED: KINGS COUNTY CLERK 06/23/2022 11:33 AM
`NYSCEF DOC. NO. 1
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`------------------------------------------------------------------------------X
`CASHABLE LLC,
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`INDEX NO. 518019/2022
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`RECEIVED NYSCEF: 06/23/2022
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` INDEX NO.:
` DATE FILED:
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`PLAINTIFF,
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`VERIFIED COMPLAINT
`
`
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`-AGAINST-
`
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`
`
`
`
`AXIS TRANSPORTATION AND COURIER SERVICE
`INC., AXIS MOTOR COMPANY INC, AXIS MOTOR
`CORP AND APPRAISAL SERVICE DBA WINTHROP
`MOTORS, MOCA AUTO BODY, INCORPORATED,
`SPIRO'S AUTO SALES, INC DBA AXIS MOTOR
`COMPANY, SOTOXWEAR LLC DBA SOTOXWEAR,
`J & M AUTO SALES INC., FELIX PAINTING, INC.,
`and FELIX SOTO,
`
`DEFENDANT(S).
`
`
`
`
`
`
`------------------------------------------------------------------------------X
`Plaintiff, CASHABLE LLC, by its attorney, Isaac H. Greenfield, Esq, complaining of the
`defendant(s), respectfully alleges:
`1. Plaintiff, CASHABLE LLC, is an entity organized under the laws of the United States of America.
`Plaintiff is an entity authorized to do business in the State of New York.
`2. Upon information and belief, at all relevant times Company Defendants AXIS TRANSPORTATION
`AND COURIER SERVICE INC., AXIS MOTOR COMPANY INC, AXIS MOTOR CORP AND
`APPRAISAL SERVICE DBA WINTHROP MOTORS, MOCA AUTO BODY, INCORPORATED,
`SPIRO'S AUTO SALES, INC DBA AXIS MOTOR COMPANY, SOTOXWEAR LLC DBA
`SOTOXWEAR, J & M AUTO SALES INC., and FELIX PAINTING, INC. (collectively, hereinafter
`“Company Defendant”) were and are companies organized and existing under the laws of
`Massachusetts.
`3. Upon information and belief, at all relevant times, Defendant Guarantor FELIX SOTO (hereinafter
`“Defendant Guarantor”) was and is an individual residing in the State of Massachusetts.
`“Defendants” shall include Company Defendant and Defendant Guarantor.
`
`
`VENUE
`
`4. Venue is proper in this breach of contract claim, pursuant to the subject contract which contains a
`clause specifying that New York is the exclusive jurisdiction for all disputes arising under the
`contract.
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`FILED: KINGS COUNTY CLERK 06/23/2022 11:33 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 518019/2022
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`RECEIVED NYSCEF: 06/23/2022
`
`
`THE FACTS
`
`5. On or about April 13, 2022, Plaintiff and Company Defendant entered into a Revenue Purchase
`Agreement (hereinafter the “Agreement”) whereby Plaintiff agreed to purchase all rights of Company
`Defendant’s future receivables having an agreed upon value of $164,890.00. The purchase price for
`said receivables was $110,000.00.
`6. In addition, Defendant Guarantor personally guaranteed any and all amounts owed to Plaintiff from
`Company Defendant, upon a breach in performance by Company Defendant.
`7. Pursuant to the Agreement, Company Defendant agreed to have one bank account approved by
`Plaintiff from which Company Defendant authorized Plaintiff to make daily ACH withdrawals until
`the $164,890.00 was fully paid to Plaintiff.
`8. Plaintiff remitted the purchase price for the future receivables to Company Defendant as agreed.
`9. Initially, Company Defendant met its obligation under the Agreement, however, on or about June 10,
`2022, Company Defendant breached the Agreement by failing to perform its obligations under the
`terms of the Agreement, by blocking and depriving Plaintiff of its daily ACH withdrawals from the
`specified bank account all while still conducting regular business operations. Company Defendant has
`paid a total of $70,510.00 to Plaintiff leaving a balance due and owing the amount of $94,380.00.
`10. In addition, pursuant to Appendix A of the Agreement, Company Defendant incurred a Default Fee in
`the amount of $23,595.00 (which, upon the occurrence of an event of default, is calculated as twenty-
`five percent (25%) of the amount claimed of the purchased amount of future receivables to be applied
`to the balance owed to Plaintiff) for Company Defendant’s failure to direct the agreed upon payment(s)
`to Plaintiff and for Company Defendant changing its bank account from the specified bank account.
`11. Despite due demand, Company Defendant has failed to pay the amounts due and owing by Company
`Defendant to Plaintiff under the Agreement.
`12. Additionally, Defendant Guarantor are responsible for all amounts incurred as a result of any default
`of the Company Defendant.
`13. There remains a balance due and owing to Plaintiff on the Agreement in the amount of $117,975.00
`plus interest from June 10, 2022, costs, disbursements and attorney’s fees.
`
`
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`FOR A FIRST CAUSE OF ACTION: BREACH OF CONTRACT
`
`14. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 13 of this
`complaint as though fully set forth at length herein.
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`INDEX NO. 518019/2022
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`FILED: KINGS COUNTY CLERK 06/23/2022 11:33 AM
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 06/23/2022
`15. 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.
`16. Upon information and belief, Company Defendant is still conducting regular business operations and
`still collecting receivables.
`17. Company Defendant has materially breached the Agreement by failing to divert the specified payment
`amount to Plaintiff as required under the Agreement.
`18. 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.
`19. By reason of the foregoing, Plaintiff has suffered damages and is entitled to judgment against
`Company Defendant based on Company Defendant’s breach of contract in the amount of $117,975.00,
`plus interest from June 10, 2022, costs, disbursements and attorney’s fees.
`
`
`
`FOR A SECOND CAUSE OF ACTION: PERSONAL GUARANTEE
`
`20. Plaintiff repeats and re-alleges each and every allegation contained in paragraph 1 through 19 of this
`complaint as though fully set forth at length herein.
`21. Pursuant to the Agreement, Defendant Guarantor personally guaranteed that Company Defendant
`would perform its obligations thereunder and that he or she would be personally liable for any loss
`suffered by Plaintiff as a result of certain breaches by Company Defendant.
`22. Company Defendant has breached the Agreement by failing to pay its obligations to Plaintiff.
`23. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant Guarantor based on his
`or her personal guarantee in the sum of $117,975.00, plus interest from June 10, 2022, costs,
`disbursements and attorney’s fees.
`
`
`
`WHEREFORE, Plaintiff CASHABLE LLC requests judgment against Defendants AXIS
`TRANSPORTATION AND COURIER SERVICE INC., AXIS MOTOR COMPANY INC, AXIS
`MOTOR CORP AND APPRAISAL SERVICE DBA WINTHROP MOTORS, MOCA AUTO BODY,
`INCORPORATED, SPIRO'S AUTO SALES, INC DBA AXIS MOTOR COMPANY, SOTOXWEAR
`LLC DBA SOTOXWEAR, J & M AUTO SALES INC., FELIX PAINTING, INC., and FELIX SOTO as
`follows:
`(a) on the first cause of action of the complaint, Plaintiff, CASHABLE LLC requests judgment against
`Company Defendant in the sum of $117,975.00, plus interest from June 10, 2022, costs and
`attorney's fees;
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`FILED: KINGS COUNTY CLERK 06/23/2022 11:33 AM
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 06/23/2022
`(b) on the second cause of action of the complaint, Plaintiff CASHABLE LLC requests judgment
`against Defendant Guarantor in the amount of $117,975.00, plus interest from June 10, 2022, costs
`and attorney's fees;
`(c) for such other further relief as this Court deems just and proper.
`
`INDEX NO. 518019/2022
`
`Dated: Suffern, New York
` June 23, 2022
`
` __
` Isaac H. Greenfield, Esq.
` Law Offices of Isaac H. Greenfield PLLC
` Attorney for Plaintiff
` 2 Executive Blvd., Ste. 305
` Suffern, NY 10901
` Phone: (718) 564-6268
` Fax: (516) 387-1117
`
`6 of 8
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`NYSCEF DOC. NO.
`1
`FILED: KINGS COUNTY CLERK 06/23/2022 11:33 AM
`SUPREME COURT OF THE STATE OF NEW YORK
`NYSCEF DOC. NO. 1
`COUNTY OF KINGS
`
`eeerex
`CASHABLELLC,
`
`
`
`
`
`
`RECEIVED NYSCEF: 06/23/2022
`INDEX NO. 518019/2022
`
`RECEIVED NYSCEF: 06/23/2022
`
`INDEX NO.:
`
`PLAINTIFF,
`
`-AGAINST-
`
`VERIFICATION BY A PARTY
`
`AXIS TRANSPORTATION AND COURIER SERVICE
`INC., AXIS MOTOR COMPANYINC, AXIS MOTOR
`CORP AND APPRAISAL SERVICE DBA WINTHROP
`MOTORS, MOCA AUTO BODY, INCORPORATED,
`SPIRO'S AUTO SALES, INC DBA AXIS MOTOR
`COMPANY, SOTOXWEAR LLC DBA SOTOXWEAR,
`J & M AUTOSALES INC., FELIX PAINTING, INC.,
`and FELIX SOTO,
`
`DEFENDANT(S).
`eea X
`
`STATE OF NEW YORK)
`) SS.:
`__)
`
`COUNTY OF KINGS
`
`LazerPreizler, being duly swornstates that he is an Authorized Officer of Plaintiff in the within
`action. I have read the foregoing Verified Complaint and know the contents thereof; the sameis true to
`my own knowledge, except as to matters therein stated to be alleged on information and belief, and as to
`those matters, I believe them to betrue.
`
`The foregoing statementsare true underpenalties of perjury.
`
`
`
`Zz Preizler
`
`, in the year 2022 before me personally appeared LazerPreizler,
`On the 92° day of yene
`personally known to meor proved to meonthebasis ofsatisfactory evidence to be the individual whose nameis
`subscribed to the within instrument and acknowledged to me that he executed the samein his capacity, and that
`by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual
`acted, executed the instrument.
`
`My Commission Expires on: Wench 3.0 7023
`
`Notary Seal
`
`SHAUL GINSBERG
`NOTARY PUBLIC, STATE OF NEW YORK
`stration No.01 -GI6321888,
`iFeeuaified in Kings County
`Commission Expires March 30, 20/3
`
`
`
`7 a
`ve
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`FILED: KINGS COUNTY CLERK 06/23/2022 11:33 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 518019/2022
`
`RECEIVED NYSCEF: 06/23/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`--------------------------------------------------------------------------------X
`CASHABLE LLC,
`
`INDEX NO.:
`
`
`
`
`
`
`
`
`
`-AGAINST-
`
`PLAINTIFF,
`
`
`
`AXIS TRANSPORTATION AND COURIER SERVICE
`INC., AXIS MOTOR COMPANY INC, AXIS MOTOR
`CORP AND APPRAISAL SERVICE DBA WINTHROP
`MOTORS, MOCA AUTO BODY, INCORPORATED,
`SPIRO'S AUTO SALES, INC DBA AXIS MOTOR
`COMPANY, SOTOXWEAR LLC DBA SOTOXWEAR,
`J & M AUTO SALES INC., FELIX PAINTING, INC.,
`and FELIX SOTO,
`
`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 646-386-3033 or efile@courts.state.ny.us.
`
`Dated: Suffern, New York
` June 23, 2022
`
`___
`
` __
` Isaac H. Greenfield, Esq.
` Law Offices of Isaac H. Greenfield, PLLC
` Attorney for Plaintiff
` 2 Executive Blvd., Ste. 305
` Suffern, NY 10901
` Phone: (718) 564-6268
` Fax: (516) 387-1117
`
`8 of 8
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