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DIME COMMUNITY BANCSHARES, INC. v. DOWNSTREAM MANUFACTURING & O...

Docket 621837/2024, New York State, Suffolk County, Supreme Court (Sept. 3, 2024)
Case TypeCommercial - Contract
TagsCommercial, Civil, Contract
Plaintiff DIME COMMUNITY BANCSHARES, INC. f/k/a BRIDGE BANCORP. INC.
Defendant DOWNSTREAM MANUFACTURING & OUTFITTERS, INC. d/b/a MASTER MONOGRAM & EMBROIDERY
Defendant ENDUR TEXTILE GROUP, S.A.S.
...
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SUMMONS + COMPLAINT Summons and Complaint

Document DIME COMMUNITY BANCSHARES, INC. v. DOWNSTREAM MANUFACTURING & OUTFITTERS, INC. et al, 621837/2024, 1 (N.Y. Sup. Ct., Suffolk County Sep. 3, 2024)
Inc. (“Plaintiff” or “Dime”), by and through its counsel, Windels Marx Lane & Mittendorf, LLP, as and for its Complaint against defendants Downstream Manufacturing & Outfitters, Inc. d/b/a Master Monogram & Embroidery (“Downstream”), Endur Textile Group, S.A.S.
Debtor Guarantors admitted under oath during the Bankruptcy Proceedings that they closed Downstream and transferred its business to Advantage in order to avoid paying Downstream’s debts.
In 2015, Master Monogram merged with a company called Reversible Lifestyle (“Reversible”), which was a start-up organization specializing in lacrosse uniforms printed in China and imported to the United States.
deposit accounts, investment property, money, cash and cash equivalents, other rights to payment and performance, and general intangibles (including but not limited to all software and all payment intangibles); all oil, gas and other minerals before extraction; all oil, gas, other minerals and accounts constituting as-extracted collateral; all fixtures; all timber to be cut; all attachments, accessions, accessories, fittings, increases.
The principles of equity and good conscience demand that Downstream, Advantage and/or JD/XYZ not be permitted to remain unjustly enriched and that Plaintiff be fully compensated for its entire loss.
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NOTICE OF APPEARANCE (PRE RJI)

Document DIME COMMUNITY BANCSHARES, INC. v. DOWNSTREAM MANUFACTURING & OUTFITTERS, INC. et al, 621837/2024, 12 (N.Y. Sup. Ct., Suffolk County Oct. 8, 2024)
OUTFITTERS, INC. d/b/a MASTER MONOGRAM &
ADVANTAGE WEAR INC., JOHN DOES 1-10, and XYZ COMPANIES 1 through 10, Defendants.
PLEASE TAKE NOTICE, that Joseph S. Maniscalco, Esq. of LaMonica Herbst & Maniscalco, LLP appears herein on behalf of defendant Advantage Wear Inc., and hereby demands that a copy of all notices and other papers be served upon me at LaMonica Herbst & Maniscalco, LLP, 3305 Jerusalem Avenue, Suite 201, Wantagh, New York 11793.
Dated: October 8, 2024 Wantagh, New York
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AFFIRMATION/AFFIDAVIT OF SERVICE Affirmation of Service-Endur

Document DIME COMMUNITY BANCSHARES, INC. v. DOWNSTREAM MANUFACTURING & OUTFITTERS, INC. et al, 621837/2024, 11 (N.Y. Sup. Ct., Suffolk County Sep. 25, 2024)
years, DOMINICDELLAPORTE,being duly swom, affirms and says that he is over the age of eighteen is employed by the attomey service, METROATTORNEYSERVICEINC., and is not a party to this I affirm this 24th day of September, 2024, under the penalties of perjury under the laws of New York, this document may is true, and I understand that which may include imprisonment, a fine or that the foregoing action.
be filed of Electronic delivering in a court of in an action or proceeding That on the 24th day of September, 2024, at approximately 1:17 PM, deponent served a true copy the Summons(with Complaint and Notice of index number and date of purchase endorsed thereon), Verified Filing upon Endur Textile Group, S.A.S.
at 511 Ocean Avenue, Suite 221, Massapequa, New York, the same with Steve Panareli, Owner, who informed deponent that he is an and leaving by personally by appointment agent authorized to receive service at that address.
Steve Panareli 45 years of age, stands approximately is a white male, approximately 210 pounds with covered hair.
tall, weighs approximately inches 5 feet
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AFFIRMATION/AFFIDAVIT OF SERVICE Affirmation of Service - Downstream Manufacturing and Outfitters

Document DIME COMMUNITY BANCSHARES, INC. v. DOWNSTREAM MANUFACTURING & OUTFITTERS, INC. et al, 621837/2024, 9 (N.Y. Sup. Ct., Suffolk County Sep. 20, 2024)
being duly sworn, deposes and says that he is over the age of eighteen Teitel Jeffrey years, to this action and is acting as agent of METROATTORNEYSERVICEINC.
not a party the time of 10:00 AMat That on the 19th day of September, 2024 at approximately the office of the State of NewYork, in the City of Albany, NewYork, deponent the Secretary of State, served the Summons, Verified Complaint and Notice of Electronic Filing on personally DOWNSTREAMMANUFACTURING& OUTFITTERSINC.
by delivering and leaving with the State of NewYork, Colleen Banahan, an agent of the Secretary two (2) of State, of true copies thereof and at the time of making such service deponent paid said Secretary of State a That said service was madepursuant to section 306 of the Business fee of dollars.
Corporation is of states that he knew the person so served as aforesaid to be the individual Affirmant further of State of NewYork, duly authorized to accept such service on the Secretary the Office of behalf of the said defendant.
42 years of age, stands 5 feet 7 inches tall, under the laws of New I affirm this 19th day of September, 2024, under the penalties of perjury York, which may include a fine or imprisonment, is true, and I understand the foregoing that that this document maybe filed in an action or proceeding in a court of law.
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AFFIRMATION/AFFIDAVIT OF SERVICE Affirmation of Service-Fordiar

Document DIME COMMUNITY BANCSHARES, INC. v. DOWNSTREAM MANUFACTURING & OUTFITTERS, INC. et al, 621837/2024, 10 (N.Y. Sup. Ct., Suffolk County Sep. 20, 2024)
being duly sworn, deposes and says that he is over the age of eighteen Teitel Jeffrey years, to this action and is acting as agent of METROATTORNEYSERVICEINC.
not a party the time of 10:00 AMat That on the 19th day of September, 2024 at approximately the office the State of NewYork, in the City of Albany, NewYork, deponent the Secretary of State, of served the Summons, Verified Complaint and Notice of Electronic Filing on personally FORDIARTEXTILE GROUPEINC.
forty service was madepursuant to section 306 of the Business Corporation Law.
of is Affirmant the Office behalf of states that he knew the person so served as aforesaid to be the individual further of State of NewYork, duly authorized to accept such service on of the Secretary the said defendant.
42 years of age, stands 5 feet 7 inches tall, under the laws of New I affirm this 19th day of September, 2024, under the penalties of perjury York, which may include a fine or imprisonment, is true, and I understand the foregoing that that this document may be filed in an action or proceeding in a court of law.
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AFFIRMATION/AFFIDAVIT OF SERVICE Affirmation of Service - Advantage Wear

Document DIME COMMUNITY BANCSHARES, INC. v. DOWNSTREAM MANUFACTURING & OUTFITTERS, INC. et al, 621837/2024, 8 (N.Y. Sup. Ct., Suffolk County Sep. 20, 2024)
being duly sworn, deposes and says that he is over the age of eighteen Teitel Jeffrey years, to this action and is acting as agent of METROATTORNEYSERVICEINC.
not a party the time of 10:00 AMat That on the 19th day of September, 2024 at approximately the office of the State of NewYork, in the City of Albany, NewYork, deponent the Secretary of State, served the Summons, Verified Complaint and Notice of Electronic Filing on personally ADVANTAGEWEARINC.
service was made pursuant the Business Corporation to section 306 of Law.
on Colleen Banahan is a white female, approximately 225 pounds with brown hair.
weight approximately 42 years of age, stands 5 feet 7 inches tall, under the laws of New I affirm this 19th day of September, 2024, under the penalties of perjury York, which may include a fine or imprisonment, is true, and I understand that the foregoing that this document may be filed in an action or proceeding in a court of law.
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EXHIBIT(S) - C Business Loan Agreement

Document DIME COMMUNITY BANCSHARES, INC. v. DOWNSTREAM MANUFACTURING & OUTFITTERS, INC. et al, 621837/2024, 4 (N.Y. Sup. Ct., Suffolk County Sep. 3, 2024)
Excluding the name of Borrower, the following is a complete list of all assumed business names under which Borrower does business: None. Authorization.
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