FILED: KINGS COUNTY CLERK 08/12/2022 02:12 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 523415/2022
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`RECEIVED NYSCEF: 08/12/2022
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
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`SWISS CAPITAL LLC,
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`PLAINTIFF,
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`-AGAINST-
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`ACE CONSTRUCTION AND TECHNOLOGY INC
`d/b/a CENTRAL ROOFING, and JOSEPH CHRISTOPHER
`CREELY,
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`TO THE ABOVE-NAMED DEFENDANT(S):
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`DEFENDANT(S),
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`Index No.:
`Date Filed:
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`SUMMONS
`Plaintiff's Place of Business:
`55 Old Nyack Turnpike
`Nanuet, NY 10954
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`The basis of the venue is pursuant
`to the contract entered into
`between the parties. Plaintiff
`designates Kings County as the
`place of trial.
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`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.
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`Dated: Suffern, New York
` August 12, 2022
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`______
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`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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`Defendants to be served:
`ACE CONSTRUCTION AND TECHNOLOGY INC
`d/b/a CENTRAL ROOFING
`1057 Hwy 51
`Madison, MS 39110
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`JOSEPH CHRISTOPHER CREELY
`102 Coventry Cove
`Madison, MS 39110
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`FILED: KINGS COUNTY CLERK 08/12/2022 02:12 PM
`NYSCEF DOC. NO. 1
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
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`SWISS CAPITAL LLC,
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`INDEX NO. 523415/2022
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`RECEIVED NYSCEF: 08/12/2022
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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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`ACE CONSTRUCTION AND TECHNOLOGY INC
`d/b/a CENTRAL ROOFING, and JOSEPH CHRISTOPHER
`CREELY,
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`DEFENDANT(S).
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`Plaintiff, SWISS CAPITAL LLC, by its attorney, Isaac H. Greenfield, Esq, complaining of the
`defendant(s), respectfully alleges:
`1. Plaintiff, SWISS CAPITAL 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 Defendant ACE CONSTRUCTION
`AND TECHNOLOGY INC d/b/a CENTRAL ROOFING (hereinafter “Company Defendant”) was
`and is a company organized and existing under the laws of Mississippi.
`3. Upon information and belief, at all relevant times, Defendant Guarantor JOSEPH CHRISTOPHER
`CREELY (hereinafter “Defendant Guarantor”) was and is an individual residing in the State of
`Mississippi. “Defendants” shall include Company Defendant and Defendant Guarantor.
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`VENUE
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`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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`THE FACTS
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`5. On or about May 05, 2022, Plaintiff and Company Defendant entered into a Purchase and Sale of /
`Future Receivables Agreement (hereinafter the “Agreement”) whereby Plaintiff agreed to purchase all
`rights of Company Defendant’s future receivables having an agreed upon value of $239,850.00. The
`purchase price for said receivables was $150,000.00.
`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.
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`2 of 6
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`INDEX NO. 523415/2022
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`FILED: KINGS COUNTY CLERK 08/12/2022 02:12 PM
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 08/12/2022
`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 $239,850.00 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 24,
`2022, Company Defendant breached the Agreement by failing to perform its obligations under the
`terms of the Agreement, by intentionally impeding 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 $89,999.82 to Plaintiff leaving a balance due and owing the
`amount of $149,850.18.
`10. In addition, pursuant to Appendix A of the Agreement, Company Defendant incurred a Default Fee in
`the amount of $29,970.04 (which, upon the occurrence of an event of default, is calculated as twenty
`(20%) of the outstanding/remaining balance 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 $179,820.22
`plus interest from June 24, 2022, costs, disbursements and attorney’s fees.
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`FOR A FIRST CAUSE OF ACTION: BREACH OF CONTRACT
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`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.
`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.
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`3 of 6
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`FILED: KINGS COUNTY CLERK 08/12/2022 02:12 PM
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 08/12/2022
`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 $179,820.22,
`plus interest from June 24, 2022, costs, disbursements and attorney’s fees.
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`INDEX NO. 523415/2022
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`FOR A SECOND CAUSE OF ACTION: PERSONAL GUARANTEE
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`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 $179,820.22, plus interest from June 24, 2022, costs,
`disbursements and attorney’s fees.
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`WHEREFORE, Plaintiff SWISS CAPITAL LLC requests judgment against Defendants ACE
`CONSTRUCTION AND TECHNOLOGY
`INC d/b/a CENTRAL ROOFING, and JOSEPH
`CHRISTOPHER CREELY as follows:
`(a) on the first cause of action of the complaint, Plaintiff, SWISS CAPITAL LLC requests judgment
`against Company Defendant in the sum of $179,820.22, plus interest from June 24, 2022, costs
`and attorney's fees;
`(b) on the second cause of action of the complaint, Plaintiff SWISS CAPITAL LLC requests judgment
`against Defendant Guarantor in the amount of $179,820.22, plus interest from June 24, 2022, costs
`and attorney's fees;
`(c) for such other further relief as this Court deems just and proper.
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`Dated: Suffern, New York
` August 12, 2022
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` 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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`4 of 6
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`FILED: KINGS COUNTY CLERK 08/12/2022 02:12 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 523415/2022
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`RECEIVED NYSCEF: 08/12/2022
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
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`SWISS CAPITAL LLC,
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`INDEX NO.:
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`PLAINTIFF,
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`-AGAINST-
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`VERIFICATION BY A PARTY
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`ACE CONSTRUCTION AND TECHNOLOGY INC
`d/b/a CENTRAL ROOFING, and JOSEPH CHRISTOPHER
`CREELY,
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`DEFENDANT(S).
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`--------------------------------------------------------------------------------X
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`STATE OF __________________)
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` ) SS.:
`COUNTY OF________________)
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`Solomon Tyrnauer, being duly sworn states 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 same is
`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 be true.
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`The foregoing statements are true under penalties of perjury.
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`_____________________________
`Solomon Tyrnauer
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`On the ____ day of _____________, in the year 2022 before me personally appeared Solomon Tyrnauer,
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`personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
`subscribed to the within instrument and acknowledged to me that he executed the same in 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.
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`Notary Seal
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`________________________
`Notary Public,
`State of ___________
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`My Commission Expires on: ________________
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`5 of 6
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`Florida
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`Broward
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`12th
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`August
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`Florida
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`06/25/2024
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`Notarized online using audio-video communication
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`PLAINTIFF,
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`-AGAINST-
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`FILED: KINGS COUNTY CLERK 08/12/2022 02:12 PM
`NYSCEF DOC. NO. 1
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`--------------------------------------------------------------------------------X
`SWISS CAPITAL LLC,
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`INDEX NO. 523415/2022
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`RECEIVED NYSCEF: 08/12/2022
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`INDEX NO.:
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`ACE CONSTRUCTION AND TECHNOLOGY INC
`d/b/a CENTRAL ROOFING, and JOSEPH CHRISTOPHER
`CREELY,
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`DEFENDANT(S).
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`-----------------------------------------------------------------------------------X
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`NOTICE OF COMMENCEMENT OF ACTION
`SUBJECT TO MANDATORY ELECTRONIC FILING
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`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.
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`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.
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`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.
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`Dated: Suffern, New York
` August 12, 2022
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` Isaac H. Greenfield, Esq.
` Law Offices of Isaac H. Greenfield, PLLC
` Attorney for Plaintiff
` 2 Executive Blvd., Ste. 305
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` Suffern, NY 10901
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` Phone: (718) 564-6268
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` Fax: (516) 387-1117
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`___
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`6 of 6
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