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"" "23STCV06307" Exact match of phrase
* negligen* Match anything after the *
( ) "motion" AND ("dismiss" OR "summary") Grouping of terms
~ "motion to dismiss"~3 Maximum number of positions allowed between matching words
AND "damages" AND "injuries" AND "relief" Both terms must appear in document
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Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

Case Last Refreshed: 4 months ago

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Ebf Holdings, Llc D B A Everest Business Funding, filed a(n) Breach of Contract - Commercial case represented by Bouskila, Ariel, against David Aaron Smith, Economy Tree Service Of Northwest Florida Inc D B A Economy Tree Service Of Nw Florida I, represented by Dale, Dominick R., in the jurisdiction of Monroe County, NY, . Monroe County, NY Superior Courts with Vincent M Dinolfo presiding.

Case Details for Ebf Holdings, Llc D B A Everest Business Funding v. David Aaron Smith , et al.

Case Number

(Subscribe to View)

Judge

Vincent M Dinolfo

Filing Date

June 19, 2023

Category

Other Matters - Contract - Other

Last Refreshed

January 25, 2024

Practice Area

Commercial

Filing Location

Monroe County, NY

Matter Type

Breach of Contract

Parties for Ebf Holdings, Llc D B A Everest Business Funding v. David Aaron Smith , et al.

Plaintiffs

Ebf Holdings, Llc D B A Everest Business Funding

Attorneys for Plaintiffs

Bouskila, Ariel

Defendants

David Aaron Smith

Economy Tree Service Of Northwest Florida Inc D B A Economy Tree Service Of Nw Florida I

Attorneys for Defendants

Dale, Dominick R.

Case Documents for Ebf Holdings, Llc D B A Everest Business Funding v. David Aaron Smith , et al.

for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - B

Date: July 24, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

NOTICE OF MOTION

Date: September 08, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - a  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - C  (Motion #3)

Date: September 08, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

DECISION + ORDER ON MOTION

Date: December 19, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - M  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - A  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - i  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

COURT NOTICE

Date: August 02, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - C  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - N  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - A  (Motion #1)

Date: July 28, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - L  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

NOTICE OF MOTION  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - g  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - f  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION

Date: September 08, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - E  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - J  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

DEMAND FOR:

Date: July 21, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - A  (Motion #3)

Date: September 08, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - D  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - B  (Motion #3)

Date: September 08, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - B  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

MEMORANDUM OF LAW IN SUPPORT

Date: July 28, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

MEMORANDUM OF LAW IN REPLY

Date: August 10, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - E

Date: July 24, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - h  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - B  (Motion #1)

Date: July 28, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - d  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

AFFIDAVIT OR AFFIRMATION IN SUPPORT  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION  (Motion #1)

Date: July 28, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

NOTICE OF MOTION (AMENDED)

Date: August 03, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - A  (Motion #1)

Date: July 28, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

NOTICE OF ENTRY

Date: December 19, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

RESPONSE TO DEMAND

Date: July 24, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - D

Date: July 24, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - K  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - e  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

MEMORANDUM OF LAW IN OPPOSITION

Date: August 10, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

PRELIMINARY CONFERENCE REQUEST

Date: July 21, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

AFFIDAVIT  (Motion #1)

Date: July 28, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

BILL OF PARTICULARS

Date: July 24, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - C

Date: July 24, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - A

Date: July 24, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

DEMAND FOR:

Date: July 24, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - B  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

INTERROGATORIES

Date: July 24, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - c  (Motion #2)

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

AFFIRMATION/AFFIDAVIT OF SERVICE

Date: August 03, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

RJI -RE: NOTICE OF MOTION

Date: July 28, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - A Merchant Agreement Redacted per 22 NYCRR

Date: July 24, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

NOTICE TO ADMIT

Date: July 24, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

ANSWER WITH COUNTER-CLAIM(S)

Date: July 21, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

DEMAND FOR:

Date: July 21, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

DEMAND FOR BILL OF PARTICULARS

Date: July 21, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

LETTER / CORRESPONDENCE TO JUDGE

Date: July 24, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

RESPONSE TO DEMAND

Date: July 24, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - D  (Motion #3)

Date: September 08, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

MEMORANDUM OF LAW IN OPPOSITION

Date: August 07, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

AFFIRMATION/AFFIDAVIT OF SERVICE

Date: June 21, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

NOTICE OF MOTION

Date: July 28, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

DEMAND FOR:

Date: July 21, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

DEMAND FOR:

Date: July 21, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

EXHIBIT(S)  - A MERCHANT AGREEMENT Redacted per 22 NYCRR

Date: June 19, 2023
for Ebf Holdings, Llc D/B/A Everest Business Funding V. Economy Tree Service Of Northwest Florida Inc D/B/A Economy Tree Service Of Nw Florida I, David Aaron Smith

SUMMONS + COMPLAINT

Date: June 19, 2023

Case Events for Ebf Holdings, Llc D B A Everest Business Funding v. David Aaron Smith , et al.

Date Type Description
December 19, 2023 DECISION + ORDER ON MOTION
View Document
December 19, 2023 NOTICE OF ENTRY
View Document
September 08, 2023 NOTICE OF MOTION
View Document
September 08, 2023 EXHIBIT(S) - C (Motion #3)
Good Faith Letter
View Document
September 08, 2023 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION
View Document
September 08, 2023 EXHIBIT(S) - A (Motion #3)
Demand for Discovery and Documents
View Document
September 08, 2023 EXHIBIT(S) - B (Motion #3)
Interrogatories
View Document
September 08, 2023 EXHIBIT(S) - D (Motion #3)
Merchant Agreement
View Document
August 10, 2023 MEMORANDUM OF LAW IN REPLY
View Document
August 10, 2023 MEMORANDUM OF LAW IN OPPOSITION
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