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J.H. Capital LLC v. Skyllas

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DECISION AND ORDER   An inquest was held on November 1, 2019 as to damages and attorneys’ fees against Defendant Peter Skyllas, who failed to appear.1 For the reasons stated herein, this Court awards to Plaintiff J.H. Capital LLC a/k/a JH Capital LLC (“JH Capital”) damages against Defendant Peter Skyllas in the amount of $295,403.08 plus $35,349.95 in reasonable attorneys’ fees and disbursements, pursuant to New York Debtor and Creditor Law §276-a, for this action seeking to enforce the judgment of this Court dated December 12, 2016 and filed December 13, 2016 in the County Clerk’s Office. At the inquest, Mr. John Hanson a/k/a John Jarecki, a lender of capital to and the sole owner of Plaintiff JH Capital, testified on behalf of that entity. Mr. Hanson testified that JH Capital was formed solely to lend money to Titan P & H LLC (“Titan”). On November 19, 2010, a promissory note was signed between JH Capital, as lender, and Illya Trincher on behalf of Titan, as the sole and managing member of Titan, in the amount of $800,000. (Plaintiff’s Ex. 1). The amount of monthly payment, due on the promissory note was $4,000, but the note contained a right to prepay the principal due in increments of $100,000. (Id. at

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