FILED: NASSAU COUNTY CLERK 07/29/2022 05:17 PM
`NYSCEF DOC. NO. 1
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`KALAMATA CAPITAL GROUP, LLC
`
`
`
`
`-against-
`
`
`
`
`
`Index No.:
`
`Plaintiff Date Purchased
`
`SUMMONS
`
`Plaintiff address is
`80 Broad St. Suite 1201
`New York, New York 10004
`
`INDEX NO. 610041/2022
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`RECEIVED NYSCEF: 07/29/2022
`
`
`
`
`
`J & D RESTAURANT ENTERPRISES LLC D/B/A
`OLD SALEM CAFE ; OLD SALEM CAFE; J&D
`RESTAURANT ENT. LLC; OLD SALEM CAFE, INC.
`and
`DONNA L ARMSTRONG
`
`
`
`
`
`
`
`
`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
`July 29, 2022
`
`/s/ariel bouskila
`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:
`J & D RESTAURANT ENTERPRISES
`LLC D/B/A OLD SALEM CAFE ; OLD
`SALEM CAFE; J&D RESTAURANT
`ENT. LLC; OLD SALEM CAFE, INC.
`8162 BOTHA ROAD
`WARRENTON, VA 20186
`
`DONNA L ARMSTRONG
`4197 WINCHESTER ROAD
`MARSHALL, VA 20115
`
`
`
`
`
`
`
`
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`1 of 8
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`FILED: NASSAU COUNTY CLERK 07/29/2022 05:17 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 610041/2022
`
`RECEIVED NYSCEF: 07/29/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`KALAMATA CAPITAL GROUP, LLC
`
`
`
`
`-against-
`
`
`
`
`
`
`Plaintiff,
`
`
`
`Index No.:
`
`
`
`VERIFIED
`COMPLAINT
`
`
`
`
`
`
`
`
`J & D RESTAURANT ENTERPRISES LLC D/B/A OLD SALEM
`CAFE ; OLD SALEM CAFE; J&D RESTAURANT ENT. LLC;
`OLD SALEM CAFE, INC. and
`DONNA L ARMSTRONG
`
`
`
`Defendants
`
`
`
`
`
`
`
`Plaintiff KALAMATA CAPITAL GROUP, LLC ("Plaintiff'), by its attorney, Ariel Bouskila
`
`Esq., for its complaint herein against J & D RESTAURANT ENTERPRISES LLC D/B/A OLD
`
`SALEM CAFE ; OLD SALEM CAFE; J&D RESTAURANT ENT. LLC; OLD SALEM CAFE,
`
`INC. (referred to collectively as "Company Defendant") and DONNA L ARMSTRONG
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`("Guarantor(s)") (Company Defendant and Guarantor(s) collectively "Defendants"), alleges as
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`follows:
`
`The Parties
`
`
`
`1.
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`At all relevant times, Plaintiff was and is an entity authorized to do business in the
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`State of New York, with its principal place of business in the State of New York.
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`
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`2.
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`Upon information and belief, at all relevant times, Company Defendant was and is a
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`company organized and existing under the laws of the State of VA.
`
`
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`3.
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`Upon information and belief, at all relevant times, Guarantor(s) were and are an
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`individual residing in the State of VA.
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` 4. Venue is proper in Nassau pursuant to the Agreements entered into by and between
`
`the parties.
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`FILED: NASSAU COUNTY CLERK 07/29/2022 05:17 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 610041/2022
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`RECEIVED NYSCEF: 07/29/2022
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` 5. This Court maintains personal jurisdiction over the Defendants in this Action
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`pursuant to the Agreements entered into by and between the parties.
`
`The Facts
`
`
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`6.
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`On or about September 20, 2021, Plaintiff and Defendants entered into an
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`Agreement ("Agreement 1") whereby Plaintiff agreed to purchase all rights to Company Defendant's
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`future receivables having an agreed upon value of $38,700.00. A copy of the Agreements is annexed
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`hereto as Exhibit A.
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` 7. On or about October 22, 2021, Plaintiff and Defendants entered into an Agreement
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`("Agreement 2" collectively with Agreement 1 “Agreements”) whereby Plaintiff agreed to purchase
`
`all rights to Company Defendant's future receivables having an agreed upon value of $12,600.00. A
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`copy of the Agreements is annexed hereto as Exhibit B.
`
`
`
`8.
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`Pursuant to the Agreements, Company Defendant agreed to remit to Plaintiff 15%
`
`(“Specified Percentage”) of their receivables. Company Defendant further agreed to have one bank
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`account approved by Plaintiff (the "Bank Account") from which Company Defendant authorized
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`Plaintiff to make ACH withdrawals until $38,700.00 and $12,600.00 were fully paid to Plaintiff.
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`Said withdrawals were a good faith estimate of the Specified Percentage of the Company
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`Defendants’ receivables at the time the Agreements were entered into.
`
`
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`9.
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`In addition, Guarantor(s) agreed to guarantee any and all amounts owed to Plaintiff
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`from Company Defendant upon a breach in performance by Company Defendant.
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`
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`10.
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`Plaintiff remitted the Purchase Price for the future receivables to Company
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`Defendant as agreed. Initially, Company Defendant met its obligations under the Agreements.
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`
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`11.
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`Company Defendant ceased remitting to Plaintiff the Plaintiff’s share of Purchased
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`Receivables and otherwise breached the Agreements by intentionally impeding and preventing
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`FILED: NASSAU COUNTY CLERK 07/29/2022 05:17 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 610041/2022
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`RECEIVED NYSCEF: 07/29/2022
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`Plaintiff from receiving the Specified Percentage of Company Defendants’ receivables, while
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`conducting regular business operations and collecting revenue.
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`
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`12.
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`Company Defendant made remitted $25,972.00 of the receivables purchased by
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`Plaintiff, leaving a balance of unremitted receivables in the amount of $12,728.00. In addition,
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`pursuant to the Agreements, Company Defendant incurred NSF fees in the amount of $35.00 and
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`Default Fees in the amount of $2,500.00.
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` 13. Company Defendant made remitted $25,972.00 of the receivables purchased by
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`Plaintiff, leaving a balance of unremitted receivables in the amount of $7,564.80. In addition,
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`pursuant to the Agreements, Company Defendant incurred NSF fees in the amount of $35.00 and
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`Default Fees in the amount of $2,500.00.
`
`
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`14.
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`Despite due demand, Company Defendant has failed to remit the purchased amount
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`due and owing by Company Defendant to Plaintiff under the Agreements.
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`
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`15.
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`Additionally, Guarantor(s) were responsible for all amounts incurred as a result of
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`any breach of the Company Defendant.
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`
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`16.
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`There remains a balance due and owing to Plaintiff on the Agreements in the amount
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`of $22,833.00 plus interest, costs, and disbursements.
`
`AS AND FOR THE FIRST CAUSE OF ACTION
`(Breach of Contract)
`Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
`
`
`
`17.
`
`through 14 of this complaint as though fully set forth at length herein.
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`
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`18.
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`Plaintiff gave fair consideration to Company Defendant which was tendered for the
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`right to receive the aforementioned receivables. Accordingly, Plaintiff fully performed under the
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`Agreements.
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`FILED: NASSAU COUNTY CLERK 07/29/2022 05:17 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 610041/2022
`
`RECEIVED NYSCEF: 07/29/2022
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`
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`19.
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`Upon information and belief, Company Defendant is still conducting regular
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`business operations and still collecting receivables.
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`
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`20.
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`Company Defendant has materially breached the Agreements by failing to remit to
`
`Plaintiff the Plaintiffs share of Future Receivables, as required under the Agreements and otherwise
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`intentionally impeding and preventing Plaintiff from receiving the proceeds of the receivables
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`purchased by them.
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`
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`21.
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`Upon information and belief, Company Defendant has also materially breached the
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`Agreements by using more than one depositing bank (account which has not been approved by
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`Plaintiff.
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`
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`22.
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`By reason of the foregoing, Plaintiff has suffered damages in the amount of
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`$22,833.00, plus interest, costs, and disbursements.
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`AS AND FOR A SECOND CAUSE OF ACTION
`(Personal Guarantee)
`
`
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`23.
`
`Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
`
`through 20 of this complaint as though fully set forth at length herein.
`
`
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`24.
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`Pursuant to the Agreements, Guarantor(s) personally guaranteed that Company
`
`Defendant would perform its obligations thereunder and that he would be personally liable for any
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`loss suffered by Plaintiff as a result of a breach by Company Defendant.
`
`
`
`
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`25.
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`26.
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`Company Defendant has breached the Agreements as detailed above.
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`By reason of the foregoing, Plaintiff is entitled to judgment against Guarantor(s)
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`based on his personal guarantee in the sum of $22,833.00, plus interest, costs, and disbursements.
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` [THIS SPACE WAS LEFT BLANK INTENTIONALLY]
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`5 of 8
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`FILED: NASSAU COUNTY CLERK 07/29/2022 05:17 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 610041/2022
`
`RECEIVED NYSCEF: 07/29/2022
`
`WHEREFORE, plaintiff KALAMATA CAPITAL GROUP, LLC requests judgment against
`
`defendants J & D RESTAURANT ENTERPRISES LLC D/B/A OLD SALEM CAFE ; OLD
`
`SALEM CAFE; J&D RESTAURANT ENT. LLC; OLD SALEM CAFE, INC. and DONNA
`
`L ARMSTRONG as follows:
`
`
`
`
`
`(i)
`
`On the first cause of action of the complaint, Plaintiff requests judgment against
`
`
`
`
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`Company Defendant in the amount of $22,833.00, plus interest, costs, and
`
`disbursements;
`
`(ii)
`
`On the second cause of action of the complaint, Plaintiffs request judgment
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`against Guarantor(s) in the amount of $22,833.00, plus interest, costs, and
`
`disbursements;
`
`(iv)
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`For such other and further relief as this Court deems just and proper.
`
`
`
`/s/ariel bouskila
`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
`July 29, 2022
`
`
`
`
`
`
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`6 of 8
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`FILED: NASSAU COUNTY CLERK 07/29/2022 05:17 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 610041/2022
`
`RECEIVED NYSCEF: 07/29/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`KALAMATA CAPITAL GROUP, LLC
`
`
`
`
`
`
`Plaintiff,
`
`-against-
`
`
`
`
`
`J & D RESTAURANT ENTERPRISES LLC D/B/A OLD SALEM
`CAFE ; OLD SALEM CAFE; J&D RESTAURANT ENT. LLC;
`OLD SALEM CAFE, INC. and
`DONNA L ARMSTRONG
`
`
`
`
`
`Index No.:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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: July 29, 2022
`
`
`
`
`
`
`/s/ariel bouskila
`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
`
`
`
`
`
`7 of 8
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`FILED: NASSAU COUNTY CLERK 07/29/2022 05:17 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 610041/2022
`
`RECEIVED NYSCEF: 07/29/2022
`
`STATE OF NEW YORK
`
`COUNTY OF NEW YORK
`
`)
`
`)
`
`ss.:
`
`BRANDON LAKS, being duly sworn, states:
`
`I am an authorized representative of Plaintiff KALAMATA CAPITAL GROUP, LLC in the
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`within action. I have read the foregoing Verified Complaint and know the contents thereof; the same
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`is true to my knowledge, except as to the matters therein stated to be alleged upon information and
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`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.
`
`By:
`
`BRANDON LAKS,
`
`Sworn to before me this
`
`July 29, 2022.
`
` ___________________________
`
`Notary Public
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