BHG, pursuant to the forum selection clauses as well as based on the location of its office, properly initiated the action in the Supreme Court of the State of New York, Onondaga County.

“construed in accordance with the substantive and procedure laws of the State of Florida” was recently analyzed by the Fourth Department Appellate Division in the matter of Bankers Healthcare Group, LLC v Pasumbal, 210 A.D.3d 1385 (4th Dept.

Thus, Bankers Healthcare Group, LLC v. Pasumbal stands for the legal principle that New York procedural law (i.e. CPLR § 3212) can be utilized to obtain summary judgment against a defaulting party/defendant by BHG.

In addition, Bankers Healthcare Group, LLC v Pasumbal, supra, is nearly identical to the case at bar and instructs that summary judgment should be granted in favor of BHG in this matter.

Beginning on page 3, the Guaranty portion of the Financing Agreement states in pertinent part: “For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and to induce Creditor to make loans and otherwise engage in any other transaction with Debtor from time to time, Guarantor absolutely, irrevocably and unconditionally promises to pay and guaranty the full and prompt payment of all of the Debt, as hereinafter defined, when due (whether at maturity or upon acceleration), including, without limitation, all principal, accrued interest, attorneys' fees and collection and court costs that may be or become due from Debtor to Creditor in collecting the Debt, as hereinafter defined, and in enforcing this Guaranty and all other agreements with respect to Debtor.

Notice of Cross Motion Index No. 014318/2023

Attorneys for Plaintiff Tower I, Suite 1600 100 Madison Street Syracuse, New York 13202 May 15, 2024 (on submission) Onondaga County Courthouse 401 Montgomery Street Syracuse, New York 13202 (1) Affirmation of Jordan R. Pavlus, Esq., affirmed May 8, 2024 (2) Affirmation of Jordan Barzee, affirmed on May 8, 2024; (3) Memorandum of Law dated May 8, 2024; (4) Statement of Material Facts dated May 8, 2024.

Order pursuant to CPLR §3212 directing summary judgment in favor of plaintiff against defendants, together with attorneys’ fees, interest thereon, costs and disbursements.

Demand is hereby made that Answering Papers, if any, be served pursuant to CPLR §2214

Jordan R. Pavlus, Esq. Byrne, Costello & Pickard, P.C.

Jordan R. Pavlus, Esq., an attorney duly admitted to practice law in the State of New York, hereby affirms under penalties of perjury as follows:

This action was commenced by the filing of a summons with verified complaint with the Onondaga County Clerk’s Office on December 21, 2023, which sought judgment against the defendants for breach of a Promissory Note, Security Agreement and Personal Guaranty (“Financing Agreement”) entered into between the above-referenced parties.

On the same date, defendants filed a motion for summary judgment alleging the debt under the Financing Agreement had been refinanced and therefore, they were not in default.

Defendants have thus far refused to provide any such proof of receiving the $794.05 loan proceeds, which supports BHG’s position that the refinance transaction never closed.

For the reasons cited herein, it is respectfully requested that judgment be entered in favor of BHG against defendants as demanded in the verified complaint.