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6TH AVENUE MCA FUND I, L.P. v. REGENT TRADING, INC. et al

Docket 655823/2017, New York State, New York County, Supreme Court (Aug. 31, 2017)
Robert R Reed, presiding
Case TypeCommercial - Contract
TagsCommercial, Civil, Contract
Plaintiff - Petitioner 6TH AVENUE MCA FUND I, L.P.
Defendant - Respondent REGENT TRADING, INC. d/b/a MCKEE CITY MOBIL
Defendant - Respondent Salvador B. Tan
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DECISION + ORDER ON MOTION

Document 6TH AVENUE MCA FUND I, L.P. v. REGENT TRADING, INC. et al, 655823/2017, 27 (N.Y. Sup. Ct., New York County Apr. 17, 2018)
6th Avenue agrees to forbear from further collection efforts pursuant to the Final Judgment or instituting new legal proceedings against Customer in connection with the Receivables Purchase Agreement(s).
including the forbearance of 6th Avenue from exercising the rights and remedies otherwise available, the receipt and sufficiency of which are acknowledged, in the event the Customer, (i) fileswith any bankruptcy court of competent Jurisdiction or be the subject of any petition under Title 11 of the U.S. Code, as amended:
as amended; (ill) files or becomes the subject of any petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future federal or state act or law relating to bankruptcy, insolvency, or other relief for debtors; (iv) seeks or consents to or acquiesce in the appointment of any trustee, receiver, conservator, or liquidator; or (v) becomes the subject of any order, judgment or decree entered by any court of competent jurisdiction approving a petition filed against such Party for any reorganization, arrangement.
The terms and conditions, covenants, agreements, powers, privileges and notices of authorization contained herein shall be binding upon and shall inure to the benefit of 6th Avenue, Customer, and his respective successors, assigns, agents, and attorneys.
Any warranty or representation made in this Agreement shall be deemed to be material and shall survive and remain in full force and effect after any transfer, conveyance or foreclosure of the Property to or by 6th Avenue.
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SATISFACTION OF JUDGMENT

Document 6TH AVENUE MCA FUND I, L.P. v. REGENT TRADING, INC. et al, 655823/2017, 28 (N.Y. Sup. Ct., New York County Dec. 3, 2018)
on September 13, 2017 a judgment in the sum of $51,191.58 was entered against defendants Regent Trading, Inc. d/b/a McKee City Mobil and Salvatore
Tan in the above entitled action in the Supreme Court of the State of New York, County of New York; and, said been paid in full and there remains $0 unpaid
it is certified that there are no outstanding executions with any Sheriff or Marshall within the State of New York.
satisfaction of said judgment is hereby acknowledged and the Clerk is hereby authorized and directed to make an entry of the satisfaction of the docket of said judgment.
of November 2018 in the year day or proved to me known persüñaily whose subscribed is (are) name(s) executed in his/her/their the same the the pers individual(s), or the undersigned, before me, to me on the basis of to the within instrument and that (ies), capacity the appeared Mark
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LETTER / CORRESPONDENCE TO JUDGE

Document 6TH AVENUE MCA FUND I, L.P. v. REGENT TRADING, INC. et al, 655823/2017, 23 (N.Y. Sup. Ct., New York County Jan. 31, 2018)
R. Reed, of Court the State New' of New York Re: Index No.655823/2017 Motion Adjourned Date: 4/19/2018
Dear Justice Reed: Undersigned counsel for movant respectfully withdraws the motion on consent of all parties.
The matter was finally settled.
Respectfully, Amos Attorney Weinberg for Defendants
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MEMORANDUM OF LAW IN OPPOSITION

Document 6TH AVENUE MCA FUND I, L.P. v. REGENT TRADING, INC. et al, 655823/2017, 21 (N.Y. Sup. Ct., New York County Nov. 22, 2017)
By way of example, the entirety of pages 3-4 of Tan’s affidavit are devoted to bare allegations relating to what allegedly occurred between the parties prior to the entry into the Agreement, none of which are within the four corners of the ...
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EXHIBIT(S)

Document 6TH AVENUE MCA FUND I, L.P. v. REGENT TRADING, INC. et al, 655823/2017, 17 (N.Y. Sup. Ct., New York County Nov. 22, 2017)
FILED: NEW YORK COUNTY CLERK 11m2017 10:45 AM RaCaIVaD VYSCEF: 11/22/2017
8:22 2382323 222282 FILED: NEW YORK COUNTY CLERK 11m2017 10:45 AM RaCaIVaD VYSCEF: 11/22/2017 am} 2;, “5" 23:5 5522255525222 222' 55222253 :5 21,2; 7»: (32:12:;5252 2: 23 39352322233 “2252-22 :25 22232 "22522: 335355232122 5 5525522 2:22” 2325 “2352 2:; 522.22%”: 555 52252
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AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION

Document 6TH AVENUE MCA FUND I, L.P. v. REGENT TRADING, INC. et al, 655823/2017, 16 (N.Y. Sup. Ct., New York County Nov. 22, 2017)
A copy of the Affidavit of Confession of Judgment, dated January 17, 2017, and entered on August 31, 2017 with the New York County Clerk, is attached herewith as Exhibit A. NYSCEF No. 1.
Pages 3-10 of the Magnozzi Affirmation is the Receivables Purchase Agreement between 6th Avenue and Regent, as well as the Guaranty executed by Tan.
The parties also agreed that for convenience sake, 6th Avenue would debit $805.71 per business day, which was an estimate of the specified daily future receivables of Regent.
The Agreement at section 1.12 states, in relevant part, as follows: There is no interest rate or payment schedule and no time period during which the Purchased Accounts must be collected by 6th Avenue.
A recent decision by Judge Lewis Lubell, J.S.C., Westchester County, denying the same Defendants’ counsel’s Motion to vacate a Confession of Judgment by an OSC in another matter involving 6th Avenue, on procedural grounds for failing to proceed via a plenary proceeding, is attached herewith as Exhibit D. WHEREFORE, 6th Avenue respectfully requests that this Court deny the Defendants’ Motion in its entirety and for such other and further relief that this Court deems just and proper.
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20

Document 6TH AVENUE MCA FUND I, L.P. v. REGENT TRADING, INC. et al, 655823/2017, 20 (N.Y. Sup. Ct., New York County Nov. 22, 2017)

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