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LLC v. Orange County Transit, LLC

Supreme Court, Suffolk County

September 13, 2019

Radium2 Capital, LLC f/k/a RADIUM2 CAPITAL, INC., Petitioner,
v.
Orange County Transit, LLC; ORANGE COUNTY TRANSIT SERVICE LLC; and JOHN MENSCH, Respondents.

          Boris Yankovich, Esq. For plaintiff

          Weinberg Gross & Pergament LLP For defendant

          Carmen Victoria St. George, J.

         The following numbered papers were read upon this motion:

         Notice of Motion/Order to Show Cause 2-11

         Answering Papers 19-24; 26

         Reply 29

         Briefs: Plaintiff's/Petitioner's

         Defendant's/Respondent's

         Before the Court is a special proceeding to enforce judgments [1] previously entered against John Mensch, East End Bus Lines Inc. d/b/a East End Bus Lines, Montauk Transport Service Inc., Moriches Auto Services, Riverhead/Calverton Park & Ride, Inc. and East End Bus Service, LLC (collectively "Debtors"), against alleged Debtors' successors, Orange County Transit, LLC, Orange County Transit Service LLC (collectively "Respondents").

         The petitioner makes an application [2] to this Court for an Order pursuant to CPLR §§ 5225, 6220, 7502(c) and NY Dr & Cr §§ 273, 273-a, 276 and 276-a for the following: 1) amending the judgment and adding Respondents; 2) a reverse veil-piercing to hold Respondents liable; 3) enjoin Respondents from transferring or otherwise conveying assets; 4) granting an attachment and turnover of Respondents assets; 5) ordering Respondents to execute documents necessary to effect payments to petitioner; 6) awarding petitioner attorney's fees; and 7) awarding punitive damages. The petitioner submits, inter alia, After the filing of the petition Respondents filed a verified answer and opposition [3] along with the Bankruptcy Court's Interim Order [4] and the monthly operating report date. For the reasons below petitioner's application is denied.

         BACKGROUND

         Respondents and formerly Debtors are bus companies for school districts throughout New York State. In May of 2018 Debtors entered into three separate receivables purchase agreements with petitioner. Pursuant to the agreements Debtors transferred all their rights, ownership and title to future receivables to the petitioner. Petitioner secured an interest in the Debtors assets and perfected its interest in the collateral by filing a UCC-1 financing statement with the secretary of state in September of 2018. Respondent Mensch guaranteed performance by a personal guaranty. Debtors further confessed judgment in favor of petitioner for the amounts of the agreements plus attorneys' fees and disbursements.

         In September of 2018 Debtors breached the agreements with petitioner by failing to remit payment to the Petitioner. Petitioner converted the affidavits of confession of ...


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