UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 008) pursuant to CPLR 3211 (a) (7) to dismiss the fifth cause of action (conversion) is granted and the fifth cause of action is dismissed without prejudice. 595127/2019 Second Third-Party Index No. Breach of Written Guarantee (against Goldenstein). The St. Louis 22nd Judicial Circuit Court reported the following activities in the suit brought by Itria Ventures LLC against Derek Schulze and Red Oak Biscuit Llc on July 29: . Although a plaintiff asserting a cause of action for fraud based on the defendant's alleged omissions must establish a fiduciary relationship between the parties (EBC I, Inc. v Goldman Sachs & Co., 91 AD3d 211, 219 [1st Dept 2011]). ITRIA VENTURES, LLC., Defendant. These included falsely representing itself to get customers of InvenTel to hold back funds that were due to Franklin, the complaint says. Therefore, the Investors' motion to dismiss the conversion claim is granted. D). 2023-01-27, Los Angeles County Superior Courts | Contract | To secure the financing, business owners must provide documents detailing their recent sales and identifying their business partners, including their customers, and the amounts they owe, known as accounts receivable. Rohit Arora, Biz2Credit's co-founder and chief executive, said in a telephone interview: "In some cases, we have to file these cases, but we also try to work with our customers. Section 9-332 of the New York Uniform Commercial Code (the NY UCC) provides: "[a] transferee of money takes the money free of a security interest unless the transferee acts in collusion with the debtor in violating the rights of the secured party" (NY UCC 9-332 [a]). As with many small business owners, he has closed his stores because of the coronavirus pandemic, and his revenues have disappeared. However, Provident may continue to allege that the parties conspired to commit fraud as a theory of liability. St. Louis Board of Election Commissioners, St. Louis top prosecutor declines to resign despite the AG's lawsuit to remove her, Secretary of State asked to end links to a mysterious election management system, GOP state rep faces censorship for plotting to diversify traditional marriage with a resolution, St. Louis divorcee granted limit on Guardian Ad Litem's wage garnishment, Missouri AG leads 19 states in opposing mail-ordered abortion pill sales while Oregon leads 23 AGs in support of CVS, Walgreens, Missouri Supreme Court reverses lower court's ruling that denied state trooper's immunity, Widow's detailed notes pivotal in $5M verdict on husbands death from blood clot, Attorneys received more than their plaintiffs in NFL settlement money, New state AG Bailey was general counsel at Corrections which recently settled wage class action for $117.5 million. PROVIDENT, Court:SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PART IAS MOTION 53EFM, INDEX NO. PROVIDENT BANK Plaintiff, v. BIZ2CREDIT INC., RAMIT AURORA, HIGHCREST CAPITAL, LLC, JIFFER SMALL BUSINESS LENDING FUND, LP, MARKETPLACE SPV, LLC, PRIME MERIDIAN CAPITAL MANAGEMENT, LLC, RANGER DIRECT LENDING FUND TRUST Defendant. Following the commencement of the bankruptcy proceedings of Lotus Exim and its affiliates, however, Itria took the position that each of Lotus Exim's locations was in fact a separate entity with its own separate accounts receivable and that Lotus Exim did not actually own any inventory or accounts receivable (id., 190-191). Corp., 257 AD2d 76, 81 [1st Dept 1999]). And, significantly, there are no allegations that the funds were segregated or otherwise specifically identifiable (id.). Court: UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA. According to the complaint, Itria provides to businesses funding that it advertises and markets as future receivables purchases that a customer is responsible for paying back through some of its future revenue. To properly assert a cause of action for conversion, a plaintiff must allege (i) that the plaintiff has a possessory right or interest in the subject property, and (ii) the defendant has exercised dominion and control over the property or otherwise interfered with it, in violation of the plaintiff's right of possession (id., at 50). Itria provided more than $5,600,000 in funding to Lotus Exim between May 2014 and December 2016 pursuant to the Pre-Closing FRSAs (id., 20). Mr. Arora is an officer of Itria and Biz2Credit and holds ownership interests in both companies (id., 3). On October 6, 2021, default was entered as to Defendants. why didn't ursula talk in set it off; kwwl news anchor leaving; night clubs in haeundae, busan; umawit ako ng pag asa by genevieve asenjo theme; popular scottish gaelic house names; liste des . fechar. Before commenting, please review our comment policy. Runion said the companies that advanced him cash have persuaded an insurer holding $40,000 in reimbursements for procedures he had already completed to send the money to the advance company, not to Runion. In all cases, the businesses had stopped paying in March, although Itria Ventures said some of the defaults dated back months before the coronavirus clobbered operations and governments required that many nonessential companies close. ITRIA VENTURES - Trademark Details. Sign up for ClassAction.orgs free weekly newsletter here. Repayment was made through debits from the 1975 account directly to Itria or, in some instances, to the Investors (id., 22). For this first loan, the plaintiff was required to pay back to Itria $305,000 at a rate of $1,452.38 per day, the suit says. This field is for validation purposes and should be left unchanged. But since the 2008 recession, they have struggled to get loans from commercial banks, which prefer to deal with bigger borrowers. In addition, the money that is the subject of a conversion claim "must be specifically identifiable and be subject to an obligation to be returned or to be otherwise treated in a particular manner" (Republic of Haiti v. Duvalier, 211 AD2d 379, 384 [1st Dept 1995]). Abstract of Judgment - Civil and Small Claims; Issued by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff), Notice of Rejection - Post Judgment; Filed by: Clerk, Writ of Execution (San Francisco ); Issued by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); County: San Francisco, Writ of Execution (Los Angeles); Issued by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); Ariel Goldenstein (Defendant); County: Los Angeles, Notice of Entry of Judgment; Filed by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); Ariel Goldenstein (Defendant), On the Complaint filed by Itria Ventures LLC, a Delaware limited liability company on 07/23/2021, entered Order for Dismissal with prejudice, does 1-50, Updated -- Certificate of Mailing [Notice of Case Management Conference filed on 07/26/2021]: Name Extension: [Notice of Case Management Conference filed on 07/26/2021]; As To Parties: removed, Address for Jason S. Takenouchi (Attorney) updated, Case Management Conference scheduled for 11/29/2021 at 09:00 AM in Stanley Mosk Courthouse at Department 31, Notice of Case Management Conference; Filed by: Clerk, Case assigned to Hon. moberly women's basketball roster includes invalid characters for a local volume name floyd leroy patterson memorial sloan kettering pulmonary critical care fellowship pretty boy floyd son water dispenser support collar dan gheesling conservative guelph police raid acetabular sclerosis treatment pollock dining commons edwards county property map how many wives does mufti menk have describe two . ITRIA VENTURES LLC vs HELPING HANDS HOME HEALTH SERVICE. North River Outfitter in Beacon Hill, Mass., is owned by Jason and Alice Indelicato. Call the police I don't care.". Tortious interference is one of several claims that came up in Kalamata Capital's recent lawsuit against Biz2Credit Inc. and Itria Ventures, LLC, and the court has already issued its first ruling on what conduct might constitute tortious interference with cash advance agreements. ", Full coverage of the coronavirus outbreak. At closing, Lotus Exim drew down on the line of credit and used the proceeds to pay off its obligations to the Pre-2017 Senior Lenders and to Itria pursuant to the Pre-Closing FRSAs (id., 60). Date of experience: January 10, 2023. 47 6 thatphanom.techno@gmail.com 042-532028 , 042-532027 2.2K views 1 year ago Even if your PPP lender wasn't Itria Ventures LLC, you still should watch this video to find out how terrible was the experience of getting a PPP loan for some borrowers. Public Records Policy. Mr. Thus, Provident reasonably relied on the Itria Parties' misrepresentations in making the loan to Lotus Exim and in continuing to extend additional financing, and that it would not have done so but for the Itria Parties' fraudulent conduct and would have frozen all advances and pursued its available remedies if it was not defrauded (id., 152, 153, 158, 159). "It's down a lot, more than 50 percent," she said. "Now, more than ever, alternative lending is going to be needed by small businesses," said Shane Heskin, a lawyer at White and Williams, who represents Indelicato of North River Outfitter and other merchants against direct lenders. As of Feb. 28, the SBA approved $678.7 billion in low-interest PPP loans this year and last year. Corp. v. Goldman, Sachs & Co., 25 NY3d 1043 [2015]). Coreless Stretch Film; Pre-Stretch Film; Hand Roll; Machine Roll; Jumbo Roll; Industrial Plastic Division. Gretchen Morgenson is the senior financial reporter for the NBC News Investigative Unit. Disposition: Judgment; Judicial Officer; MOYE', ERIC; Judgment Type; NON-SUIT/DISMISSAL BY PLAINTIFF / PETITIONER; Judgment; Total Judgment:; of $0.00; Awarded To:; ITRIA VENTURES, LLC; Awarded Against:; ITRIA VENTURES, LLC, NOTICE OF DISMISSAL FOR WANT OF PROSECUTION; Comment: MAILED, DispositionDisposition: Judgment; Judicial Officer: MOYE', ERIC; Judgment Type: NON-SUIT/DISMISSAL BY PLAINTIFF / PETITIONER; Judgment: Total Judgment:; of $0.00: Awarded To:; ITRIA VENTURES, LLC: Awarded Against:; ITRIA VENTURES, LLC, DocketDISMISSAL FOR WANT OF PROSECUTION; Judicial Officer: MOYE', ERIC; Hearing Time: 2:00 PM; Cancel Reason: CASE CLOSED, DocketNOTICE OF DISMISSAL FOR WANT OF PROSECUTION; Comment: MAILED, DocketCITATION; Unserved: Anticipated Server; ESERVE: Anticipated Method; Comment: ADEEL MEMON, DocketCITATION; Unserved: Anticipated Server; ESERVE: Anticipated Method; Comment: MAFHH DISTRIBUTOR #1 LLC, DocketCITATION; Unserved: Anticipated Server; ESERVE: Anticipated Method; Comment: NEW WORLD WHOLESALE INC, FinancialFinancial info for ITRIA VENTURES, LLC : CREDIT CARD - TEXFILE (DC); Receipt # 83073-2021-DCLK; ITRIA VENTURES, LLC $316.00, FinancialFinancial info for ITRIA VENTURES, LLC : Transaction Assessment; ; $316.00, FinancialFinancial: ITRIA VENTURES, LLC ; Total Financial Assessment $316.00 ; Total Payments and Credits $316.00, Riverside County Superior Courts | Contract | The plaintiffs allege they received loans from Itria that were improperly portrayed as future receivables purchases, in which, the complaint says, the Customers only need to pay back to Itria from a percentage of Future Receivables and importantly, if there are insufficient Future Receivables the funds do not need to be paid back., However, despite provisions in the contracts that state this, the complaint alleges that Itria deems all funds loaned to be due and payable under all conditions, In July 2019, the complaint says, Itria lent InvenTel a first loan of $244,187.50, with $305,000 to be paid back, at the rate of $1,452.38 per day. On 12/16/2021 ITRIA VENTURES, LLC filed a Contract - Debt Collection lawsuit against NEW WORLD WHOLESALE INC . Soon after he received the money, the amount of the repayments began rocketing, Runion said. Biz2Credit and each Funder and Funder Party shall be entitled to rely upon the accuracy and completeness of such Information and Documents provided by or on behalf of Customer, and Biz2Credit is not . Accordingly, the motion to dismiss the sixth cause of action is denied. A representative of Lotus Exim, Anshul Maheshwari, replied to Mr. Forleiter and cc'd representatives of Biz2Credit, and Itria on January 3, 2017, stating: A party may move for judgment dismissing one or more causes of action on the ground that the pleadings fail to state a cause of action for which relief may be granted (CPLR 3211 [a] [7]). In one case, Itria filed a suit within days of a Florida business missing a payment. Cancellation and Refund Policy, Privacy Policy, and to transfer this lawsuit filed by the defendant, (Doc. ITRIA VENTURES LLC vs. WELLS FARGO BANK, NATIONAL ASSOCIATION. Now those sales are nonexistent but PowerUp's suit demanded immediate payment of almost $91,000, plus legal fees. The complaint alleges that Itria pushed false claims even after InvenTel began an Assignment for the Benefit of Creditors. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, J. The following e-filed documents, listed by NYSCEF document number (Motion 007) 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 166, 167, 168, 169, 176, 177, 178, 179 were read on this motion to/for DISMISS. The following e-filed documents, listed by NYSCEF document number (Motion 008) 180, 181, 182, 183, 184, 185, 186, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242 were read on this motion to/for DISMISS. itria ventures ppp forgivenessmary calderon quintanilla 27 februari, 2023 . According to the complaint, this calculates out to an interest rate of 43.29%, which is well over any reasonable interest rate and fully criminally usurious.. A screenshot of a text sent to a small business owner. The court, however, disagrees. Finally, one place to get all the court documents we need. But the industry's reach has exploded as money from traditional banks has become less available to these borrowers. This type of predatory, extortionate approach is going to wipe out so many businesses, and they're not going to come back. ITRIA VENTURES LLC, A DELAWARE LIMITED LIABILITY COMPANY VS GLOBAL NRGY LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL. ITRIA VENTURES LLC, BIZ2CREDIT INC., RAMIT AURORA Plaintiff, v. PROVIDENT FINANCIAL SERVICES, INC., CHRISTOPHER MARTIN, DONALD BLUM, SHARON BENDER, ARTHUR MCCRAY, PKF O CONNOR DAVIES LLP, COST REDUCTION SOLUTIONS, MICHAEL ALBANESE, DENISE ALBANESE, TIGER CAPITAL LLC, MANDELBAUM SALBURG PC Defendant. 2023-01-26, San Joaquin County Superior Courts | Contract | The complaint alleges that Itria knew that funds from customers went first to Franklin and not to InvenTel. Itria has filed more than 50 lawsuits in New York courts since March against businesses around the country, court records show. In addition, Provident alleges its efforts to verify the Due Diligence Materials and information provided by the Itria Parties were stymied by the Itria Parties' active concealment of critical information and by their misrepresentations of material fact. Starting in 2014, they borrowed $500,000 from Itria for Pizza Plus and signed a Future Receivables Sales Agreement (FRSA) with the lender, court documents show. Biz2Credit, Itria Ventures LLC and John Does 1-10 are collectively referred to as "Itria". Hurt bad," one text said. ITRIA VENTURES LLC, Plaintiff, v. PROVIDENT BANK, Defendant. Citations Copy Citation. In September 2019, the plaintiff entered into a second loan with Itria for more than $244,000 and was again required to repay $305,000, this time at an accelerated $1,613.76 per day, the lawsuit claims. And the best part of all, documents in their CrowdSourced Library are FREE! 26 Feb Feb Yolanda Orozco in Department 31 Stanley Mosk Courthouse, DocketComplaint; Filed by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); Ariel Goldenstein (Defendant), DocketSummons on Complaint; Issued and Filed by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); Ariel Goldenstein (Defendant), DocketCivil Case Cover Sheet; Filed by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); Ariel Goldenstein (Defendant), DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk, Case Number: *******7216 Hearing Date: November 29, 2021 Dept: 31. Guar. Seq. And, Provident further alleges that the Itria Parties knowingly provided false information to Provident reflecting that Lotus Exim owned $6,000,000 of inventory between its three locations knowing that Provident would rely on this information in making its underwriting determination, with the intention of later claiming that the inventory was actually owned by three separate and distinct entities and did not belong to Lotus Exim. To establish a special or privity-like relationship, a plaintiff "must show either privity of contract between the plaintiff and the defendant or a relationship 'so close as to approach that of privity'" (Sykes v RFD Third Ave. 1 Assocs., LLC, 15 NY3d 370, 372 [2010], quoting Ultramares Corp. v Touche, 255 NY 170, 182-183 [1931] [Cardozo, J.]). Itria Ventures then obtained a judgment in New Jersey against plaintiff, which Itria Ventures has sought to enforce. 2023-01-27, Riverside County Superior Courts | Contract | The plaintiff, InvenTel.TV, who is involved in the development, production, sale, marketing and distribution of consumer products, alleges Itria, as a pattern and practice, knows at the time it sends contracts to customers that the agreements are fraudulently and intentionally misleadingly named and described.. SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PART IAS MOTION 53EFM. Where a complaint alleges fraud, "the circumstances constituting the wrong shall be stated in detail" (CPLR 3016 [b]). On March 23, Kayla Kight, a server at a Lone Spur in Prescott, Arizona, told NBC News that hers was the only restaurant in the group open for business and that it was just providing takeout. Biz2Credit did not, however, disclose that Itria owned 100% of Lotus Exim's accounts receivable pursuant to the Pre-Closing FRSAs (id., 30). Smooth and Easy Process dealing with Paul Woods. ITRIA VENTURES LLC v. PIGEONLY, INC. et al, 520710/2022 (New York State, Kings County, Supreme Court) Basic Search Plain English personal injury Boolean (richard or dick) and cheney Phrases "patent infringement" Hyphenate Export ITRIA VENTURES LLC v. PIGEONLY, INC. et al 520710/2022 | New York State, Kings County, Supreme Court Filed July 20, 2022 REQUEST FOR ENTRY OF JUDGMENT IS CONDITINALLY GRANTED. When they reached $70,000 a month, he had trouble paying his vendors. No. 14. If you do not agree with these terms, then do not use our website and/or services. NOTICE OF DISMISSAL FOR WANT OF PROSECUTION, Cases involving agreements to pay a specific amount of money (promissory notes, loan and credit card agreements, checks, etc. The case status is Pending - Other Pending. Provident asserts a fraud cause of action (the sixth cause of action), which is well-accepted under New York law, and simply alleges that the Itria Parties conspired together to commit the fraud, which is entirely permissible. That company, Corporate Debt Advisors (CDA), advertises that it provides debt relief for small business owners. Legal filings by cash advance companies, including confessions of judgment filed against small businesses, have been ballooning amid the coronavirus crisis. In addition, Provident alleges that the Itria Parties misrepresented or concealed the relationship between Itria and Lotus Exim and falsely stated that Lotus Exim's obligations to Itria had been "repaid in full" (Third-Party Compl., Ex. Stretch Film Division. Here, critically, the Third-Party Complaint fails to allege that the Investors colluded with Lotus Exim or the Itria Parties. But InvenTel had a factor, Franklin Capital Holdings, LLC, that had a priority security interest in InvenTels assets. Taken as true for the purposes of this motion to dismiss, the allegations in the Third-Party Complaint are sufficient to sustain Provident's sixth cause of action, which the court construes as a fraud claim. A debt settlement company being sued by Itria Ventures in Miami-Dade County, FL was asked to prove its claim that it has managed over $1.5 billion in total debt, court records show. Companies often choose to make the filings in New York state, because its statute is powerful and easy to use. 16. This case was filed in New York County Courts, Supreme Court Civil Term located in Niagara, New York. These ultra-high criminally usurious interest rates shock the conscience and should not be condoned, the complaint reads, alleging Itria commonly charges similar usurious interest rates on the loans it makes to all proposed class members. [DISMISSED] A New Jersey company alleges in a proposed class action that Itria Ventures has engaged in a number of fraudulent practices with regard to loans and other transactions. Public Records Policy. And, inasmuch as there is a cause of action for fraud (i.e., the sixth cause of action) the third cause of action is dismissed as duplicative of the sixth cause of action (fraudulent misrepresentation), however, the facts underlying the third cause of action may continue to be the basis for the remaining fraud claim asserted. Polyethylene Film / PE Sheet Provident recorded UCC-1 Financing Statements naming Lotus Exim as the debtor (id., 55). ", When merchants fall behind on their payments, some direct lenders send threatening emails and texts, owners and their lawyers say. why didn't ursula talk in set it off; kwwl news anchor leaving; night clubs in haeundae, busan; umawit ako ng pag asa by genevieve asenjo theme; popular scottish gaelic house names; liste des . 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