Robin Funding Group LLC v. Synergy Crosslinx Holding, LLC

The following numbered papers were used on this motion: NYSCEF Document Numbers 18-34. ORDER Upon the foregoing papers, having heard argument, and due deliberation having been had thereon, the within motion is determined as follows. This is an action commenced by Plaintiff Robin Funding Group LLC (“Plaintiff”), alleging breach of a contract by Defendant Synergy Crosslinx Holdings, LLC (“Defendant business”) to sell its future revenues to Plaintiff, otherwise known as a revenue purchase agreement. Plaintiff claims it purchased $76,000.00 of said Defendant business’ future revenue. Defendants Victor Javier Cardenas and Gerardo Cardenas are alleged to have personally guaranteed payment. Plaintiff is moving for summary judgment on the causes of action in its complaint. It also seeks to enjoin Defendants from transferring any assets and to compel them to execute documents necessary to effectuate payment by them to Plaintiff. (See generally NYSCEF Doc No. 19, Marciante aff). Plaintiff alleges further that it performed its duties set forth in the contract by remitting the sum of $50,000.00 less a $5,000.00 contract origination fee to purchase Defendant business’ future revenue (see id. 10). Plaintiff alleges that Defendant business breached the contract by failing to pay the percentage of revenue due, by ceasing to deposit revenue into a designated bank account, and by depositing revenue into a different account (see id.

14-17). Plaintiff’s summary judgment motion seeks to hold Defendants liable in the sum of $93,043.13, comprised of $68,716.64 in unpaid receivables plus $24,326.49 in default fees. (see id.