FILED: KINGS COUNTY CLERK 10/11/2023 06:08 PM
`FILED: KINGS COUNTY CLERK 10/11/2023 06:08 P
`NYSCI EF DOC. NO. 10
`NYSCEF DOC. NO. 10
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`IND
`EX NO.
`524079/2023
`INDEX NO. 524079/2023
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` EIVE iD
` EF’:
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`10/11/2023
`RECEIVED NYSCEF: 10/11/2023
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` NYSCI
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`EXHIBIT B
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`FILED: KINGS COUNTY CLERK 10/11/2023 06:08 PM
`NYSCEF DOC. NO. 10
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`INDEX NO. 524079/2023
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`RECEIVED NYSCEF: 10/11/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
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`COUNTY OF Kings
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`Fenix Capital Funding, LLC
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`Main Market Inc /DBA: Main Market, Downtown
`Market Inc and Amdie A Gebrehiwot
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`Index No.
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`SUMMONS
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`Plaintiff designates
`Kings as the place of trial
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`The basis of venue is:
`Contract
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`Plaintiff,
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`-against-
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`Defendant(s).
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`To The Above Named Defendants:
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`YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff’s Attorney, at their
`address stated below, an answer to the attached complaint. If this summons was personally
`served upon you in the State of New York, the answer must be served within twenty (20) 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 (30) 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. The
`action will be heard in the Supreme Court of the State of New York, in and for the County of
`Kings. This action is brought in the County of Kings because it is the County designated
`pursuant to the terms of the parties’ agreement.
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`Dated: Brooklyn, New York
`August 18, 2023
`To: Main Market Inc
`/DBA: Main Market
`425 Memorial Dr, Danville,
`VA, 24541
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`To: Amdie A Gebrehiwot
`17900 Doctor Walling Road, Poolsville,
`MD, 20837
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`Maksim Leyvi
`The Leyvi Law Group, P.C.
`Attorneys for Plaintiff
`227 Sea Breeze Ave, Suite 2A
`Brooklyn, NY 11224
`Telephone: 718-676-0900
`Email: collection@fenixcapitalfunding.com
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`To:
`Downtown Market Inc / DBA: Downtown Market Inc, 17900 Doctor Walling Road, Poolsville, MD, 20837
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`FILED: KINGS COUNTY CLERK 10/11/2023 06:08 PM
`NYSCEF DOC. NO. 10
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`INDEX NO. 524079/2023
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`RECEIVED NYSCEF: 10/11/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
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`Plaintiff,
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`-against-
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`COUNTY OF Kings
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`Fenix Capital Funding, LLC
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`Main Market Inc /DBA: Main Market, Downtown
`Market Inc and Amdie A Gebrehiwot
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`Index No.
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`VERIFIED COMPLAINT
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`Defendant(s).
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`Plaintiff, Fenix Capital Funding, LLC, by its attorneys, The Leyvi Law Group, P.C.,
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`complaining of the above-named Defendants, Main Market Inc /DBA: Main Market,
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`Downtown Market Inc and Amdie A Gebrehiwot respectfully alleges as follows:
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`1.
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`Plaintiff, Fenix Capital Funding, LLC (hereinafter “Plaintiff”), is a New York limited
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`liability company with its principal place of business located at 9265 4th Ave, 2nd fl., Brooklyn,
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`11209.
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`2.
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`Upon information and belief, Defendant, Main Market Inc /DBA: Main Market
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`(hereinafter Main Market”), is a foreign corporation with a principal place of business located
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`at 425 Memorial Dr, Danville, VA, 24541.
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`3.
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`Upon information and belief, Defendant, Amdie A Gebrehiwot, is an individual residing
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`in 17900 Doctor Walling Road, Poolsville, MD, 20837, Montgomery County, state of MD.
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`4.
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`Downtown Market Inc is a foreign corporation with a principal place of business
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`located at: Downtown Market Inc residing at 17900 Doctor Walling Road, Poolsville, MD,
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`20837
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`5.
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`This is an action seeking to recover a debt due and owing by Defendants to Plaintiff
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`pursuant to an agreement dated July 18, 2023 whereby Plaintiff advanced to Main Market Inc
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`FILED: KINGS COUNTY CLERK 10/11/2023 06:08 PM
`NYSCEF DOC. NO. 10
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`INDEX NO. 524079/2023
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`RECEIVED NYSCEF: 10/11/2023
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`/DBA: Main Market (hereinafter Main Market) the sum of $ 30,000.00 for the purchase of
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`Main Market’s future accounts receivable.
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`6.
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`On or about July 18, 2023, in consideration of the sum of $ 30,000.00, Main Market
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`sold, assigned and transferred to Plaintiff seven (7 %) percent of its future sales proceeds, up to
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`an aggregate amount of $ 43,800.00. A copy of the Future Receivable Purchase Agreement (the
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`“Agreement”) is annexed hereto as Exhibit “A”. Pursuant to the Agreement, payment of the
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`future sales proceeds was to be made by daily ACH transfer from Main Market’s bank account
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`to Plaintiff.
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`7.
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`As further inducement for Plaintiff to enter into the Agreement, defendant Amdie A
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`Gebrehiwot executed a personal guaranty of payment in the event that Main Market defaults
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`in its obligations under the Agreement.
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`8.
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`Downtown Market Inc further agreed to assume the obligations of the Merchant and to
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`be jointly and severally liable to Plaintiff for the total aggregate Purchased Amount pursuant to
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`that certain Cross-Collateral Addendum to the Agreement.
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`9.
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`In accordance with the Agreement, Plaintiff duly remitted the sum of $ 30,000.00, less
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`processing fees, to Main Market and Main Market received same.
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`10.
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`On or about August 14, 2023, Main Market defaulted under the Agreement by failing to
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`remit its sales proceeds to Plaintiff as provided for in the Agreement.
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`11.
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`Upon information and belief, Main Market breached its obligations under the
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`Agreement by placing a stop payment request to its bank for the ACH transfers or it closed the
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`bank account in its entirety, which is a violation of the Representations, Warranties and
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`Covenants set forth in Section 6.1 of the Agreement.
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`12.
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`Pursuant to Section 7.3 of the Agreement, in the event that the merchant defendant
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`breaches any of the Representations, Warranties and Covenants set forth in Section 6.1, Plaintiff
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`is entitled to damages equal to the Purchased Amount less amounts received under the
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`Agreement.
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`FILED: KINGS COUNTY CLERK 10/11/2023 06:08 PM
`NYSCEF DOC. NO. 10
`13.
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`In total, Main Market remitted the amount of $ 6,064.56 in accordance with the
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`INDEX NO. 524079/2023
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`RECEIVED NYSCEF: 10/11/2023
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`Agreement, leaving a balance of $ 37,735.44 remaining due and owing.
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`14.
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`In accordance with the Cross-Collateral Agreement, Downtown Market Inc are jointly
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`and severally liable to Plaintiff for all outstanding amounts under the Agreement.
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`AS AND FOR A FIRST CAUSE OF ACTION
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`15.
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`Plaintiff incorporates by reference the allegations set forth in paragraphs "1" to "10"
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`above as if more fully set forth herein.
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`16.
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`Plaintiff entered into a written contract with Defendants for the purchase of Main
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`Market’s future sales proceeds.
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`17.
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`Plaintiff has fully complied with the terms of the Agreement by duly remitting the sale
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`price of $ 30,000.00 to Main Market.
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`18.
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`Notwithstanding the fact that Main Market has received the said sums and has derived a
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`substantial benefit therefrom, Main Market has breached the terms of the Agreement by failing
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`to remit its sale proceeds to Plaintiff as it was obligated to do, which is a direct violation of
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`Section 6.1 of the Agreement.
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`19.
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`20.
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`The Agreement was binding, lawful and fully enforceable.
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`Defendants have defaulted under the Agreement by failing to provide Plaintiff with the
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`accounts receivable that Plaintiff purchased.
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`21.
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`Accordingly, there is now due and payable to Plaintiff, by the Defendants, the principal
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`balance sum of $ 37,735.44, contractual default fees and penalties, and nonsufficient fund fees in
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`the amount of $ 100.00, together with interest from August 14, 2023, and reasonable attorneys’
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`fees and costs and disbursements of this action.
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`AS AND FOR A SECOND CAUSE OF ACTION
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`Plaintiff incorporates by reference the allegations set forth in paragraphs "1" to "18"
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`22.
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`above as if more fully set forth herein.
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`FILED: KINGS COUNTY CLERK 10/11/2023 06:08 PM
`NYSCEF DOC. NO. 10
`23.
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`Plaintiff provided to Defendants, and Defendants received from Plaintiff, the sum of $
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`INDEX NO. 524079/2023
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`RECEIVED NYSCEF: 10/11/2023
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`30,000.00.
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`24.
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`Defendants accepted the monies provided by Plaintiff and derived a substantial benefit
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`therefrom.
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`25.
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`Defendants will be unjustly enriched if they are permitted to retain the sums that they
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`collected and obtained from Plaintiff.
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`26.
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` As a result of the foregoing, Plaintiff has been damaged in an amount to be determined at
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`trial, but not less than $ 30,000.00.
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`AS AND FOR A THIRD CAUSE OF ACTION
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`Plaintiff incorporates by reference the allegations set forth in paragraphs "1" to "23"
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`27.
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`above as if more fully set forth herein.
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`28.
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`On or before July 18, 2023, Defendants made an express misrepresentation to Plaintiff,
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`who reasonably relied on the misrepresentation to its detriment and was damaged in an amount
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`to be determined at trial but in no event less than $ 37,735.44.
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`29.
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`Specifically, Defendants agreed to sell 7 % percent of their future accounts receivable, up
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`to an aggregate amount of $ 43,800.00, to Plaintiff for the purchase price of $ 30,000.00.
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`Defendants further assured Plaintiff that payment would be made through daily ACH
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`withdrawals.
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`30.
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`In reliance on Defendants’ representations, Plaintiff remitted the sum of $ 30,000.00 to
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`Defendants. Notwithstanding the fact that Defendants received the said amounts from Plaintiff,
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`they failed and/or refused to provide Plaintiff with their future accounts receivable as promised.
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`31.
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`At all times when the above misrepresentations were made, the Defendants were aware of
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`their falsity.
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`32.
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`The conduct of the Defendants was fraudulent, intentional and malicious. The
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`Defendants engaged in a "bait and switch" scheme to commit Plaintiff to purchasing their future
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`accounts receivable, which they never intended to provide to Plaintiff.
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`FILED: KINGS COUNTY CLERK 10/11/2023 06:08 PM
`NYSCEF DOC. NO. 10
`33.
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`Plaintiff reasonably relied on Defendants’ misrepresentation to its detriment and remitted
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`INDEX NO. 524079/2023
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`RECEIVED NYSCEF: 10/11/2023
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`the sum of $ 30,000.00 to Counter-claim Defendants.
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`34.
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`By virtue of the foregoing, Defendants are liable to Plaintiff for fraud and Plaintiff is
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`entitled to recover from Defendants, jointly and severally, all of its damages, which are to be
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`determined at trial, but which are in no event less than $ 37,735.44.
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`WHEREFORE, Plaintiff demands judgment as follows:
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`1.
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`Awarding judgment in favor of Plaintiff on the First Cause of Action in an amount to be
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`determined at trial but in no event less than the sum of $ 61,835.44, together with interest from
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`August 14, 2023, and attorneys’ fees and costs and disbursements of this action;
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`2.
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`Awarding judgment in favor of Plaintiff on the Second Cause of Action in the amount of
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`$ 37,735.44;
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`3.
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`Awarding judgment in favor of Plaintiff on the Third Cause of Action in an amount to be
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`determined at trial but in no event less than $ 37,735.44;
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`Awarding Plaintiff all costs and disbursements of this action, including attorneys’ fees;
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`Such other, further, and different relief as this Court deems just and proper.
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`4.
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`and
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`5.
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`Dated: Brooklyn, New York
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`August 18, 2023
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`Maksim Leyvi
`The Leyvi Law Group, P.C.
`Attorneys for Plaintiff
`227 Sea Breeze Ave, Suite 2A
`Brooklyn, NY 11224
`Telephone: 718-676-0900
`Email: collection@fenixcapitalfunding.com
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`FILED: KINGS COUNTY CLERK 10/11/2023 06:08 PM
`NYSCEF DOC. NO. 10
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`INDEX NO. 524079/2023
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`RECEIVED NYSCEF: 10/11/2023
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`VERIFICATION
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`STATE OF NEW YORK
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`COUNTY OF KINGS
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`Alexander Ryvkin, being duly sworn, deposes and says:
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`I am the Collection Manager of Fenix Capital Funding, LLC, the Plaintiff in the above
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`entitled action which is a limited liability company created under and by virtue of the laws of the
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`State of New York; that I have read the foregoing Summons and Verified Complaint and know
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`the contents thereof; that the same is true to my knowledge, except as to the matters therein
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`stated to be alleged upon information and belief, and that as to those matters I believe them to be
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`true.
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`Sworn to be true before me this 18 day of August, 2023
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`Alexander Ryvkin
`Fenix Capital Funding, LLC
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`FILED: KINGS COUNTY CLERK 10/11/2023 06:08 PM
`NYSCEF DOC. NO. 10
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`INDEX NO. 524079/2023
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`RECEIVED NYSCEF: 10/11/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
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`COUNTY OF Kings
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`Fenix Capital Funding, LLC
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`Main Market Inc /DBA: Main Market, Downtown
`Market Inc, Amdie A Gebrehiwot
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`Plaintiff,
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`-against-
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`Index No.
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`Defendant(s).
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`SUMMONS & VERIFIED COMPLAINT
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`The Leyvi Law Group, P.C.
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`Attorneys for Plaintiff
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`227 Sea Breeze Ave, Suite 2A
`Brooklyn, NY 11224
`Telephone: 718-676-0900
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`Pursuant to 22 NYCR 130-1.1, the undersigned, an attorney admitted to practice in the courts of
`New York State, certifies that, upon information and belief and reasonable inquiry, the
`contentions contained in the annexed document are not frivolous.
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`Dated: August 18, 2023
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`Signature
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`Print Signer’s Name: Maksim Leyvi
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