Preview
FILED: NEW YORK COUNTY CLERK 12/10/2019 12:36 PM INDEX NO. 657324/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_____..________------ ¬-----------------------------------------X
PIRS CAPITAL, LLC,
: Index No.
Plaintiff,
- against - :
MEUNIER ELECTRONIC SUPPLY, INC. : SUMMONS
d/b/a MEUNIER ELECTRONIC SUPPLY,
and JAMES F. MEUNIER a/k/a JAMES MEUNIER, :
Defendants. :
----------- ------ --------x
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorney
an answer to the complaint in this action within twenty (20) days after service of this
summons, exclusive of the of service, or within thirty (30) days after the service is
day
complete if this summons is not personally delivered to you within the State of New
York. In case of your failure to answer, judgment will be taken against you by default for
the relief demanded in the Complaint.
The basis for the venue designated is plaintiff's principal lace of business within
the State of New York located at 40 Exchange Place, Suite 40 , 1)Jew York, New York.
Dated:New York, New York
Decmber 10, 2019 ,.
R WOLKIN , P.C.
By:
B N E.WND, ESQ.
A eys for Plaintiff
P Capital LLC
8 Fifth Avenue, Suite 1401
New York, New York 10011
(212) 691-2313
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Defeñdants'
Addresses:
Meunier Electronic Supply, Inc.
d/b/a Meunier Electronic Supply
3409 E. Washington Street
Indianapolis, Indiana 46201
James F. Meunier
a/k/a James Meunier
3409 E. Washington Street
Indianapolis, Tndiana 46201
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
____-----------__..------- ---- -------------------X
PIRS CAPITAL, LLC,
: Index No.
Plaintiff,
- against - :
MEUNIER ELECTRONIC SUPPLY, INC. : COMPLAINT
d/b/a MEUNIER ELECTRONIC SUPPLY,
and JAMES F. MEUNIER a/k/a JAMES MEUNIER, :
Defendants. :
Plaintiff, Pirs Capital, LLC, by its attorneys, Foster & Wolkind, P.C., as and for its
complaint against defendants, Meunier Electronic Supply, Inc. d/b/a Meunier
Electronic Supply, and James F. Meunier a/k/a James Meunier, alleges as
respectfully
follows:
1. At all relevant times mentioned herein, plaintiff Pirs Capital, LLC was and still
is a limited organized and under and virtue of the laws of
liability company existing by
the State of New York with its principal place of business located at 40 Exchange Place,
Suite 403, New York, New York 10005.
2. Upon information and belief, at all relevant times mentioned herein, defendant
Meunier Electronic Supply, Inc. was and still is a corporation organized and existing
under and by virtue of the laws of the State of Indiana with its principal place of
business located at 3409 E. Washington Street, Indianapolis, Indiana 46201.
3. Upon information and belief, at all relevant times mentioned herein, defendant
Meunier Electronic Supply, Inc. was and still is also known as Meunier Electronic
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Supply.
4. Upon information and belief, at all relevant times mentioned herein, defendant
James F. Meunier was and still is an individual
residing
within the State of Indiana with
his principal place of business located at 3409 E. Washington Street, Indianapolis,
Indiana 46201.
5. Upon information and belief, at all relevant times mentioned herein, defendant
James F. Meunier was and stillis also known as James Meunier.
AS AND FOR A FIRST CAUSE OF ACTION
6. Plaintiff repeats and realleges each and allegation contained in
every
paragraphs one through five above as if fully set forth at length herein.
7. On or about June 18, 2019, defendant Meunier Electronic Supply, Inc. d / b /a
Meunier Electronic (hereinafter "Meunier Electronic") and plaintiff Pirs Capital,
Supply
LLC (hereinafter "Pirs Capital") executed and entered into a written Merchant
Agreement and Agreement (hereinafter the "Agreement") pursuant to which
Security
Meunier Electronic agreed to sell to Pirs Capital, and Pirs Capital agreed to purchase
from Meunier Electronic certain of Meunier Electronic's accounts receivable (hereinafter
the "Receivables") in the amount of $363,300.00 (hereinafter the "Specified Amount").
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8. Specifically, pursuant to the terms of the Agreement, on or about June 18, 2019,
Pirs Capital paid to Meunier Electronic, and Meunier Electronic received from Pirs
Capital the sum of $259,500.00 (hereinafter the "Purchase Price").
9. Pursuant to the Agreement, in consideration of Pirs Capital paying the
Purchase Price to Meunier Electronic, Meunier Electronic sold, assigned and transferred
to Pirs Capital the Specified Amount of the Receivables.
10. Pursuant to the Agreement, Meunier Electronic agreed to remit the Specified
Amount of the Receivables to Pirs Capital by allowing Pirs Capital each weekday to
debit from Meunier Electronic's depository bank account 12.0% (hereinafter the
"Specified Percentage") of all transactions, but not limited to credit card and
including
electronic payments, until the Specified Amount has been paid to Pirs Capital in full.
11. On or about June 18, 2019, Pirs Capital and Meunier Electronic executed a
certain amendment to the Agreement (hereinafter the "Amendment"). The Amendment
and the Agreement are sometimes hereinafter referred to as the Agreement.
collectively
12. Pursuant to the Amendment, in order to assist Meunier Electronic with
a predictable cash flow, in lieu of the Specified Percentage Meunier
maintaining
Electronic agreed to remit to Pirs Capital the sum of $1,408.14 per weekday (hereinafter
the "Specified Payment") until the Spedfied Amount has been paid to Pirs Capital in
full, subject to periodic adjustments as more set forth in the Amendment.
particularly
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13. In accordance with the Agreement, Pirs Capital proceeded to debit the
Specified Payment from Meunier Electronic's bank account.
depository
14. However, Meunier Electronic defaulted under the Agreement and breached
the Agreement: i) on December 4, 2019 by blocking or otherwise compromising Pirs
Capital's access to Meunier Electronic's account; ii) breaching other
depository
representations, warranties and/or covenants made by Meunier Electronic to Pirs
Capital in the Agreement, and/or iii) or other terms of the
violating breaching any
Agreement.
15. As a result of Meunier Electronic's defaults, and at the election of Pirs Capital
pursuant to Sections 3.1 and 3.2 of the Agreement, Pirs Capital became entitled to
recover from Meunier Electronic all uncollected balances due and owing under the
Agreement (hereinafter the Unremitted Amount").
"Remaining
16. The Remaining Unremitted Amount is $206,996.46.
17. Pirs Capital has demanded that Meunier Electronic remit the sum of
$206,996.46 which is due and under the Agreement, but the remittance
currently owing
has not been forthcoming.
18. reason of the foregoing, and as a proximate result of the foregoing, Pirs
By
Capital has been damaged by
Meunier Electronic, and Pirs Capital is entitled to recover
from Meunier Electronic the $206,996.46 Remaining Unremitted Amount, plus interest
thereon from the December 4, 2019 date of Meunier Electronic's default under the
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Agreement.
AS AND FOR A SECOND CAUSE OF ACTION
19. Plaintiff repeats and realleges each and allegation contained in
every
paragraphs one through eighteen above as if set forth at length herein.
fully
20. Pursuant to Section 3.3 of the Agreement, in the event of a default by Metmier
Electronic thereunder, Pirs Capital is entitled to recover from Meunier Electronic all
expenses incurred Pirs Capital is in connection with its rights and
by enforcing
attorneys'
remedies under the Agreement, plus reasonable fees incurred by Pirs Capital
in connection with the within lawsuit.
21. reasoñ of the foregoing, Meunier Electronic is indebted to Pirs Capital for
By
all expenses incurred Pirs Capital is in connection with enforcing its rights and
by
attorneys'
remedies under the Agreement, plus reasonable incurred Pirs Capital in
by
connection with the within lawsuit.
AS AND FOR A THIRD CAUSE OF ACTION
22. Plaintiff repeats and realleges each and allegation contained in
every
paragraphs one through twenty-one above as if fully set forth at length herein.
23. On or about June 18, 2019, defendant James F. Meunier a/k/ a James Meunier
executed a written personal guarantee (hereinafter the "Guarantee") pursuant to which
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he guaranteed the performance of Meunier Electronic's obligations to Pirs Capital
under the Agreement.
24. Demand for performance has been made by Pirs Capital under the
Guarantee, but defendant James F. Meunier a/k/a James Meunier has failed to comply
with his obligations under the Guarantee.
25. reason of the foregoing, defêñdant James F. Meunier a/k/a James
By
Meunier is indebted to Pirs Capital for the $206,996.46 Remaining
unconditionally
Unremined Amount, plus interest thereon from December 4, 2019, plus all expenses
incurred Pirs Capital is in connesion with its rights and remedies under
by enforcing
attomeys'
the Agreemeñt, plus reasonable fees incurred Pirs Capital in connection
by
with the within lawsuit.
WHEREFORE, Pirs Capital demands judgment against defendants as follows:
a) on its first cause of action for the sum of $206,996.46, plus interest thereon
from December 4, 2019;
b) on its second cause of action for all expêñses incurred by Pirs Capital is in
connection with its rights and remedies under the Agreement,
enforcing
attorneys'
plus reasoñable incurred Pirs Capital in connection with the
by
within lawsuit;
c) on its third cause of adion for the sum of $206,996.46, plus interest thereon
from December 4, 2019, plus all expenses incurred by Pirs Capital is in
connection with enforcing its rights and remedies under the Agreement,
attorneys'
plus reasonable fees incurred by Pirs Capital in connection with
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the within lawsuit;
d) for the costs and disbursements of this action, and
e) such other and further relief which this Court deems st and proper.
Dated:New York, New York
December 10, 2019 F WO ND, P.C.
By:
B E. W KIND, ESQ.
r Plaintiff
s Capital LLC
Fifth Avenue, Suite 1401
New York, New York 10011
(212) 691-2313
7
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Preview
FILED: NEW YORK COUNTY CLERK 12/10/2019 12:36 PM INDEX NO. 657324/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _____..________------ ¬-----------------------------------------X PIRS CAPITAL, LLC, : Index No. Plaintiff, - against - : MEUNIER ELECTRONIC SUPPLY, INC. : SUMMONS d/b/a MEUNIER ELECTRONIC SUPPLY, and JAMES F. MEUNIER a/k/a JAMES MEUNIER, : Defendants. : ----------- ------ --------x TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorney an answer to the complaint in this action within twenty (20) days after service of this summons, exclusive of the of service, or within thirty (30) days after the service is day complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the Complaint. The basis for the venue designated is plaintiff's principal lace of business within the State of New York located at 40 Exchange Place, Suite 40 , 1)Jew York, New York. Dated:New York, New York Decmber 10, 2019 ,. R WOLKIN , P.C. By: B N E.WND, ESQ. A eys for Plaintiff P Capital LLC 8 Fifth Avenue, Suite 1401 New York, New York 10011 (212) 691-2313 1 of 9 FILED: NEW YORK COUNTY CLERK 12/10/2019 12:36 PM INDEX NO. 657324/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/10/2019 Defeñdants' Addresses: Meunier Electronic Supply, Inc. d/b/a Meunier Electronic Supply 3409 E. Washington Street Indianapolis, Indiana 46201 James F. Meunier a/k/a James Meunier 3409 E. Washington Street Indianapolis, Tndiana 46201 2 2 of 9 FILED: NEW YORK COUNTY CLERK 12/10/2019 12:36 PM INDEX NO. 657324/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ____-----------__..------- ---- -------------------X PIRS CAPITAL, LLC, : Index No. Plaintiff, - against - : MEUNIER ELECTRONIC SUPPLY, INC. : COMPLAINT d/b/a MEUNIER ELECTRONIC SUPPLY, and JAMES F. MEUNIER a/k/a JAMES MEUNIER, : Defendants. : Plaintiff, Pirs Capital, LLC, by its attorneys, Foster & Wolkind, P.C., as and for its complaint against defendants, Meunier Electronic Supply, Inc. d/b/a Meunier Electronic Supply, and James F. Meunier a/k/a James Meunier, alleges as respectfully follows: 1. At all relevant times mentioned herein, plaintiff Pirs Capital, LLC was and still is a limited organized and under and virtue of the laws of liability company existing by the State of New York with its principal place of business located at 40 Exchange Place, Suite 403, New York, New York 10005. 2. Upon information and belief, at all relevant times mentioned herein, defendant Meunier Electronic Supply, Inc. was and still is a corporation organized and existing under and by virtue of the laws of the State of Indiana with its principal place of business located at 3409 E. Washington Street, Indianapolis, Indiana 46201. 3. Upon information and belief, at all relevant times mentioned herein, defendant Meunier Electronic Supply, Inc. was and still is also known as Meunier Electronic 3 of 9 FILED: NEW YORK COUNTY CLERK 12/10/2019 12:36 PM INDEX NO. 657324/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/10/2019 Supply. 4. Upon information and belief, at all relevant times mentioned herein, defendant James F. Meunier was and still is an individual residing within the State of Indiana with his principal place of business located at 3409 E. Washington Street, Indianapolis, Indiana 46201. 5. Upon information and belief, at all relevant times mentioned herein, defendant James F. Meunier was and stillis also known as James Meunier. AS AND FOR A FIRST CAUSE OF ACTION 6. Plaintiff repeats and realleges each and allegation contained in every paragraphs one through five above as if fully set forth at length herein. 7. On or about June 18, 2019, defendant Meunier Electronic Supply, Inc. d / b /a Meunier Electronic (hereinafter "Meunier Electronic") and plaintiff Pirs Capital, Supply LLC (hereinafter "Pirs Capital") executed and entered into a written Merchant Agreement and Agreement (hereinafter the "Agreement") pursuant to which Security Meunier Electronic agreed to sell to Pirs Capital, and Pirs Capital agreed to purchase from Meunier Electronic certain of Meunier Electronic's accounts receivable (hereinafter the "Receivables") in the amount of $363,300.00 (hereinafter the "Specified Amount"). 2 4 of 9 FILED: NEW YORK COUNTY CLERK 12/10/2019 12:36 PM INDEX NO. 657324/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/10/2019 8. Specifically, pursuant to the terms of the Agreement, on or about June 18, 2019, Pirs Capital paid to Meunier Electronic, and Meunier Electronic received from Pirs Capital the sum of $259,500.00 (hereinafter the "Purchase Price"). 9. Pursuant to the Agreement, in consideration of Pirs Capital paying the Purchase Price to Meunier Electronic, Meunier Electronic sold, assigned and transferred to Pirs Capital the Specified Amount of the Receivables. 10. Pursuant to the Agreement, Meunier Electronic agreed to remit the Specified Amount of the Receivables to Pirs Capital by allowing Pirs Capital each weekday to debit from Meunier Electronic's depository bank account 12.0% (hereinafter the "Specified Percentage") of all transactions, but not limited to credit card and including electronic payments, until the Specified Amount has been paid to Pirs Capital in full. 11. On or about June 18, 2019, Pirs Capital and Meunier Electronic executed a certain amendment to the Agreement (hereinafter the "Amendment"). The Amendment and the Agreement are sometimes hereinafter referred to as the Agreement. collectively 12. Pursuant to the Amendment, in order to assist Meunier Electronic with a predictable cash flow, in lieu of the Specified Percentage Meunier maintaining Electronic agreed to remit to Pirs Capital the sum of $1,408.14 per weekday (hereinafter the "Specified Payment") until the Spedfied Amount has been paid to Pirs Capital in full, subject to periodic adjustments as more set forth in the Amendment. particularly 3 5 of 9 FILED: NEW YORK COUNTY CLERK 12/10/2019 12:36 PM INDEX NO. 657324/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/10/2019 13. In accordance with the Agreement, Pirs Capital proceeded to debit the Specified Payment from Meunier Electronic's bank account. depository 14. However, Meunier Electronic defaulted under the Agreement and breached the Agreement: i) on December 4, 2019 by blocking or otherwise compromising Pirs Capital's access to Meunier Electronic's account; ii) breaching other depository representations, warranties and/or covenants made by Meunier Electronic to Pirs Capital in the Agreement, and/or iii) or other terms of the violating breaching any Agreement. 15. As a result of Meunier Electronic's defaults, and at the election of Pirs Capital pursuant to Sections 3.1 and 3.2 of the Agreement, Pirs Capital became entitled to recover from Meunier Electronic all uncollected balances due and owing under the Agreement (hereinafter the Unremitted Amount"). "Remaining 16. The Remaining Unremitted Amount is $206,996.46. 17. Pirs Capital has demanded that Meunier Electronic remit the sum of $206,996.46 which is due and under the Agreement, but the remittance currently owing has not been forthcoming. 18. reason of the foregoing, and as a proximate result of the foregoing, Pirs By Capital has been damaged by Meunier Electronic, and Pirs Capital is entitled to recover from Meunier Electronic the $206,996.46 Remaining Unremitted Amount, plus interest thereon from the December 4, 2019 date of Meunier Electronic's default under the 4 6 of 9 FILED: NEW YORK COUNTY CLERK 12/10/2019 12:36 PM INDEX NO. 657324/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/10/2019 Agreement. AS AND FOR A SECOND CAUSE OF ACTION 19. Plaintiff repeats and realleges each and allegation contained in every paragraphs one through eighteen above as if set forth at length herein. fully 20. Pursuant to Section 3.3 of the Agreement, in the event of a default by Metmier Electronic thereunder, Pirs Capital is entitled to recover from Meunier Electronic all expenses incurred Pirs Capital is in connection with its rights and by enforcing attorneys' remedies under the Agreement, plus reasonable fees incurred by Pirs Capital in connection with the within lawsuit. 21. reasoñ of the foregoing, Meunier Electronic is indebted to Pirs Capital for By all expenses incurred Pirs Capital is in connection with enforcing its rights and by attorneys' remedies under the Agreement, plus reasonable incurred Pirs Capital in by connection with the within lawsuit. AS AND FOR A THIRD CAUSE OF ACTION 22. Plaintiff repeats and realleges each and allegation contained in every paragraphs one through twenty-one above as if fully set forth at length herein. 23. On or about June 18, 2019, defendant James F. Meunier a/k/ a James Meunier executed a written personal guarantee (hereinafter the "Guarantee") pursuant to which 5 7 of 9 FILED: NEW YORK COUNTY CLERK 12/10/2019 12:36 PM INDEX NO. 657324/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/10/2019 he guaranteed the performance of Meunier Electronic's obligations to Pirs Capital under the Agreement. 24. Demand for performance has been made by Pirs Capital under the Guarantee, but defendant James F. Meunier a/k/a James Meunier has failed to comply with his obligations under the Guarantee. 25. reason of the foregoing, defêñdant James F. Meunier a/k/a James By Meunier is indebted to Pirs Capital for the $206,996.46 Remaining unconditionally Unremined Amount, plus interest thereon from December 4, 2019, plus all expenses incurred Pirs Capital is in connesion with its rights and remedies under by enforcing attomeys' the Agreemeñt, plus reasonable fees incurred Pirs Capital in connection by with the within lawsuit. WHEREFORE, Pirs Capital demands judgment against defendants as follows: a) on its first cause of action for the sum of $206,996.46, plus interest thereon from December 4, 2019; b) on its second cause of action for all expêñses incurred by Pirs Capital is in connection with its rights and remedies under the Agreement, enforcing attorneys' plus reasoñable incurred Pirs Capital in connection with the by within lawsuit; c) on its third cause of adion for the sum of $206,996.46, plus interest thereon from December 4, 2019, plus all expenses incurred by Pirs Capital is in connection with enforcing its rights and remedies under the Agreement, attorneys' plus reasonable fees incurred by Pirs Capital in connection with 6 8 of 9 FILED: NEW YORK COUNTY CLERK 12/10/2019 12:36 PM INDEX NO. 657324/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/10/2019 the within lawsuit; d) for the costs and disbursements of this action, and e) such other and further relief which this Court deems st and proper. Dated:New York, New York December 10, 2019 F WO ND, P.C. By: B E. W KIND, ESQ. r Plaintiff s Capital LLC Fifth Avenue, Suite 1401 New York, New York 10011 (212) 691-2313 7 9 of 9