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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, LLC., Defendant. Smooth and Easy Process dealing with Paul Woods. The company, PowerUp Lending Group of Great Neck, New York, had given North River money to be repaid from the stores' future sales. 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. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, ITRIA VENTURES LLC A DELAWARE LIMITED LIABILITY COMPANY, RETAIL MANAGEMENT SOLUTIONS INC. A DELAWARE CORPORATION, 5/19/2022: Notice of Rejection - Post Judgment, 5/20/2022: Notice of Rejection - Post Judgment, 5/26/2022: Notice of Rejection - Post Judgment, 5/31/2022: Abstract of Judgment - Civil and Small Claims, 5/2/2022: Notice of Rejection - Post Judgment, 5/4/2022: Writ of Execution - WRIT OF EXECUTION (SAN FRANCISCO ), 1/7/2022: Notice of Rejection - Post Judgment, 1/11/2022: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES), 10/6/2021: Request for Entry of Default / Judgment, 10/15/2021: Notice - NOTICE NOTICE OF ENTRY OF DEFAULT JUDGMENT, 11/17/2021: Proof of Service (not Summons and Complaint), 11/17/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment, 11/17/2021: Request for Entry of Default / Judgment, 11/29/2021: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE), DocketAbstract of Judgment - Civil and Small Claims; Issued by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff), DocketNotice of Rejection - Post Judgment; Filed by: Clerk, DocketWrit 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, DocketWrit 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, DocketNotice 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), DocketOn 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, DocketUpdated -- 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, DocketAddress for Jason S. Takenouchi (Attorney) updated, DocketCase Management Conference scheduled for 11/29/2021 at 09:00 AM in Stanley Mosk Courthouse at Department 31, DocketNotice of Case Management Conference; Filed by: Clerk, DocketCase assigned to Hon. If the merchants fall behind on their payments, some lenders send threatening emails and texts and even pay visits to borrowers' homes to try to collect, lawyers and small business owners say. Through its lending subsidiary, Itria Ventures, Biz2Credit has been the program's most active lender this year. Date of experience: January 10, 2023. As of Feb. 28, the SBA approved $678.7 billion in low-interest PPP loans this year and last year. Heskin, who testified last year before Congress about the lenders' tactics, said one of his law partners found a disemboweled rat splayed atop his mailbox in front of his home. 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 Repayment was made through debits from the 1975 account directly to Itria or, in some instances, to the Investors (id., 22). Corp., 257 AD2d 76, 81 [1st Dept 1999]). Cancellation and Refund Policy, Privacy Policy, and NBC News asked Itria and Biz2Credit why they were taking such an aggressive tack against small businesses during a national disaster. Biz2Credit, Itria Ventures LLC and John Does 1-10 are collectively referred to as "Itria". Here, Provident fails to allege a special or privity-like relationship that would impose a duty on the Itria Parties to impart correct information to Provident. "Working with a broker, I thought he was going to get me a traditional loan that was how the conversation started," Runion said. The First Department has held that "'a sophisticated plaintiff cannot establish that it entered into an arm's length transaction in justifiable reliance on alleged misrepresentations if that plaintiff failed to make use of the means of verification that were available to it'" (HSH Nordbank AG v UBS AG, 95 AD3d 185, 194-195 [2012], quoting Ventur Group, LLC v Finnerty, 68 AD3d 638, 639 [1st Dept 2009] [citation omitted]). Merchants like Indelicato have been hammered by the coronavirus outbreak. According to the Third-Party Complaint, Provident reasonably relied on the Due Diligence Materials and representations provided by the Itria Parties through Biz2Credit, at Mr. Arora's direction, and as a result, Provident has incurred monetary damages including substantial legal fees in connection with the bankruptcy proceedings. 26 Feb Feb 2023-01-27, Los Angeles County Superior Courts | Contract | . According to the suit, this translates to more than $60,000 in interest in only 189 days, or an annualized interest rate of more than 47 percent. PROVIDENT, Court:SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PART IAS MOTION 53EFM, INDEX NO. This class action involves financing provided to businesses by Itria Ventures, LLC and Biz2Credit, Inc. 14. Protected by Google ReCAPTCHA. (The suit is now on hold.). The case status is Pending - Other Pending. Biz2Credit provided Provident with (i) inventory and accounts receivable listings, (ii) information about Lotus Exim's existing bank accounts, (iii) audited financial statements for Lotus Exim, (iv) information regarding existing Itria UCC filings against Lotus Exim, and (v) the status of previous financing between Itria and Lotus Exim (collectively, the Due Diligence Materials) (id.). 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. February 27, 2023 alexandra bonefas scott No Comments . D). He said the actions were dropped because they worked out payment plans. Itria Ventures of New York City, an affiliate of Biz2Credit, is among the merchant cash advance companies that filed numerous lawsuits in March. This browser does not support PDFs. During the three-week period, Itria filed suit against 20 small businesses for nonpayment, court records show, most of them outside the state. ABOUT PPP LOAN FUNDING All Biz2Credit originated PPP loans are funded by Biz2Credit's funding affiliate, Itria Ventures, LLC. 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. 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. From 2014 through 2017, Itria entered into a series of Future Receivables Sale Agreements (the Pre-Closing FRSAs) with Lotus Exim International, Inc. (Lotus Exim) (id., 10; Third-Party Compl., Ex. 30494 (N.Y. Sup. 595072/2020. Where a complaint alleges fraud, "the circumstances constituting the wrong shall be stated in detail" (CPLR 3016 [b]). April 2019: How Mulvaney undid consumer protections from predatory lenders. raven eggs for sale; shooting in campbell, ca today; william alvin pitt trucking company. No. Itria Ventures of New York City, an affiliate of Biz2Credit, is among the merchant cash advance companies that filed numerous lawsuits in March. Small businesses are the backbone of the U.S. economy, employing millions of people and paying taxes. Lawsuit Filings Itria Ventures Hit with Class Action Over Allegedly Shady Money-Lending Based on Future Receivables [DISMISSED] February 9, 2022 A New Jersey company alleges in a class action that Itria Ventures has engaged in a number of fraudulent practices with regard to loans and other transactions. The tort of conversion occurs "when someone, intentionally and without authority, assumes or exercises control over personal property belonging to someone else, interfering with that person's right of possession" (Colavito v New York Organ Donor Network, Inc., 8 NY3d 43, 50-51 [2006]). To the extent that the Itria Parties argue that Provident's allegations in a related proceeding brought in New Jersey Superior Court which alleges that Provident relied on independent auditors and field examiners in connection with its due diligence review for the Lotus Exim line of credit preclude Provident from alleging in this case that it reasonably relied on the Itria Parties, this argument likewise fails. Most businesses looking for working . That must change, Chopra said. -Defendants Parker and Gitlin are attorneys who represented Itria Ventures in enforcing the allegedly forged documents. Itria filed its lawsuit against that client on March 19 in a New York court for $282,000. And, significantly, there are no allegations that the funds were segregated or otherwise specifically identifiable (id.). Merchant cash advance companies like PowerUp aggressively cold-call, email and text small business owners offering quick and easy funding, merchants told NBC News. A large majority of complainants claimed they had not received the funding, and said they have frequently reached out to Biz2Credit Inc. but were unable to get a response about the status of their . Plaintiff has submitted the requisite documentation and provided sufficient evidence to support the judgment sought. ", Full coverage of the coronavirus outbreak. 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). Cancellation and Refund Policy, Privacy Policy, and Itria Ventures LLC, a Delaware limited liability company vs All Pro Preparation, Inc., a California corporation et al. 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 . "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. In this case, Provident alleges Provident had a security interest in Lotus Exim's accounts receivable, and that Lotus Exim transferred the proceeds of the accounts receivable to the 1975 Account, and the Investors interfered with Provident's right of possession of the proceeds by receiving and retaining payments from Itria through the 1975 Account (Third-Party Compl., 173-182). On March 15, the governor of Ohio ordered an end to all oral surgery procedures; Runion's practice is now open six to eight hours a week. The document does not provide a reason for the dismissal. 2023-01-10, Harris County District Courts | Contract | Now those sales are nonexistent but PowerUp's suit demanded immediate payment of almost $91,000, plus legal fees. itria ventures ppp forgiveness. Fraudulent Misrepresentation To state cause of action for fraudulent misrepresentation, "a plaintiff must allege 'a misrepresentation or a material omission of fact which was false and known to be false by defendant, made for the purpose of inducing the other party to rely upon it, justifiable reliance of the other party on the misrepresentation or material omission, and injury'" (Mandarin Trading Ltd., 16 NY3d at 178, quoting Lama Holding Co. v Smith Barney, 88 NY2d 413, 421 [1996]). 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). 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. "I tried to make it work," he said, "but I really was unable to.". 2023-01-25. IE 11 is not supported. He didn't talk too much about how it was secured or the workings of it.". However, the Court notes that the Doe Defendants have not been dismissed. Provident's negligent misrepresentation cause of action is therefore dismissed. chrysler capital lawsuit; who loves who more calculator. 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. On March 19, as COVID-19 spread across the U.S., triggering a national emergency, a merchant cash advance company sued Indelicato and his wife, Alice. The Judge overseeing this case is MOYE', ERIC. The Newsletter Bringing the Legal System to Light. 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). Accordingly, it is ORDERED that Itria Ventures LLC, Biz2Credit Inc., and Ramit Arora's motion to dismiss the third (fraud and civil conspiracy), fourth (negligent misrepresentation), and sixth (fraudulent misrepresentation) causes of action asserted in Provident Bank's Amended Answer, Defenses, Counterclaim, and Third Party Complaint is granted solely to the extent the fourth cause of action is dismissed without prejudice and is otherwise denied; and it is further ORDERED that the third-party defendants are directed to serve an answer to the complaint within 20 days after service of a copy of this order with notice of entry; and it is further ORDERED that Jiffer Small Business Lending Fund, LP, Marketplace SPV, LLC, Prime Meridian Capital Management, LLC and Ranger Direct Lending Fund Trust's motion to dismiss the fifth cause of action (conversion) asserted in Provident Bank's Amended Answer, Defenses, Counterclaim, and Third-Party Complaint is granted and the fifth cause of action is dismissed without prejudice, and the Clerk is directed to enter judgment accordingly in favor of said third-party defendants; and it is further ORDERED that the action is severed and continued against the remaining third-party defendants; and it is further ORDERED that the caption be amended to reflect the dismissal and that all future papers filed with the court bear the amended caption; and it is further ORDERED that counsel for the moving party shall serve a copy of this order with notice of entry upon the Clerk of the Court (60 Centre Street, Room 141B) and the Clerk of the General Clerk's Office (60 Centre Street, Room 119), who are directed to mark the court's records to reflect the change in the caption herein; and it is further ORDERED that such service upon the Clerk of the Court and the Clerk of the General Clerk's Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website at the address www.nycourts.gov/supctmanh). husband ignores me when his daughter is around husband ignores me when his daughter is around It became a cycle of death. Small businesses that need cash must increasingly rely on merchant cash advance lenders members of a little-known industry with almost no government oversight; effective interest rates that can hit 400 percent, according to congressional testimony; and direct access to their customers' bank accounts. 2/19/2020, 2020 N.Y. Slip Op. Jason Indelicato, who owns a three-store clothing chain in Massachusetts called North River Outfitter, is under siege. Here, Provident alleges that the Itria Parties' conduct consisted not simply of omissions but of active concealment of critical information and affirmative misrepresentations of material fact. LIVLAB INC, A CORPORATION VS RETAIL MANAGEMENT SOLUTIONS, INC, A CORPORATION, Retail Management Solutions, LLC v. Auto~Star Compusystems, Inc, ITRIA VENTURES LLC, A DELAWARE LIMITED LIABILITY COMPANY vs GLOBAL VISION ENTERPRISE CORP., A CALIFORNIA CORPORATION. Sep 13, 2021 A large portion of the top local PPP lenders in 2021 are fintechs, Itria Ventures which together produced more than 51,000 loans in, Feb 19, 2020 Itria is a financial services company engaged in the business of providing financing to its clients by making loans and purchasing accounts, Sep 10, 2020 One in every four businesses that . And the best part of all, documents in their CrowdSourced Library are FREE! 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. Stretch Film Division. Toggle navigation. Defendants/Respondents: Itria Ventures LLC. "You can't have people freezing assets and demanding payments at a time like this. Biz2Credit did not, however, disclose that Itria owned 100% of Lotus Exim's accounts receivable pursuant to the Pre-Closing FRSAs (id., 30). Itria Ventures LLC (Itria), Biz2Credit Inc. (Biz2Credit), and Ramit Arora's (Arora, together with Itria and Biz2Credit, collectively, the Itria Parties) motion (Mtn. F), and "there is no obligation pending now" (Third-Party Compl., Ex. Commissioner sent to Itria's Registered Address a Notice of Unpaid Assessment on November 6, 2019. 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. This case was filed in New York County Courts, Supreme Court Civil Term located in Niagara, New York. Corrado Rizzi is the Senior Managing Editor of ClassAction.org. "He more or less presented me the net cash I would receive and the payments. Written by on 27 febrero, 2023.Posted in fd150 phone line not connected.fd150 phone line not connected. These included falsely representing itself to get customers of InvenTel to hold back funds that were due to Franklin, the complaint says. Provident completed its due diligence and agreed to extend a $17,000,000 line of credit to Lotus Exim secured in part by a first priority lien Lotus Exim's accounts receivable (id., 34). Why is this public record being published online? 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. 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. 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. Why is this public record being published online? NO. Currently, the complaint claims, Itria is freezing account owned by Abdul in order to secure payment.. itria ventures ppp forgivenessmary calderon quintanilla 27 februari, 2023 . Get class action lawsuit news sent to your inbox sign up for ClassAction.orgs free weekly newsletterhere. 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. Please provide any additional information about your inquiry. 007) pursuant to CPLR 3211 (a) (1) and (7) to dismiss the third (fraud and civil conspiracy), fourth (negligent misrepresentation), and sixth (fraudulent misrepresentation) causes of action asserted in Provident Bank's (Provident) Amended Answer, Defenses, Counterclaim, and Third Party Complaint (the Third-Party Complaint) is granted solely to the extent that the third cause of action is dismissed as set forth herein, the fourth cause of action is dismissed without prejudice and the sixth cause of action is sustained as a fraud claim, but is otherwise denied. With respect to Mr. Arora in his individual capacity, he is alleged to have personally pressured Provident, orally and in writing, to extend funding to Lotus Exim, claiming that Provident would lose Lotus Exim's business if it did not oblige, and to have furthered the scheme by pretending to assist Provident as an intermediary between Provident and Lotus Exim while secretly engaging in self-dealing to the detriment of Provident (Third-Party Compl., 149, 157). On 07/23/2021 ITRIA VENTURES LLC, A DELAWARE LIMITED LIABILITY COMPANY filed a Contract - Other Contract lawsuit against KOMPUGARD, INC , A CALIFORNIA CORPORATION ,. Significantly, Provident alleges that Mr. Arora personally assured Provident that he would assist Provident by talking to Lotus Exim about its funneling of accounts receivables through unauthorized, non-Provident accounts, but concealed the fact that Lotus Exim was acting at his direction (id., 93). By January 2017, the total amount owed to Itria pursuant to the Pre-Closing FRSAs exceeded $2,000,000 (id., 23). On 07/21/2022 Itria Ventures, LLC filed a Contract - Other Contract lawsuit against PCJ MAINTENANCE REPAIR CORP. Co. of New York, 98 NY2d 314, 326 [2002]). In Mr. Maheshwari's May 23, 2017 email to representatives of Itria and Biz2Credit, he acknowledges that the existence of the 1975 Account had not been disclosed to Provident (Third-Party Compl., Ex. Soon after he received the money, the amount of the repayments began rocketing, Runion said. Although Itrias standard contract explicitly states that the company assumes the risk that future receivables may not be available from a customer, it is clear, the lawsuit alleges, that the company actually assumes no risk, and deems all loaned funds to be due and payable under all conditions. That the funds were segregated or otherwise specifically identifiable ( id. ) and payments... 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