SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
IRUKA CAPITAL GROUP LLC,
Index No.:526228/2022
Plaintiff,
AFFIDAVIT OF SERVICE
-againstPHILUX CAPITAL ADVISORS, INC. AND HENRY
DACK FAHMAN,
Defendants.
STATE OF NEW YORK )
)
ss.:
COUNTY OF RICHMOND )
I, the undersigned being duly sworn, states, I am over eighteen (18) years of age. I am
not a party to this action. On September 9, 2022, I served a copy of the within Summons and
Complaint upon the following defendant(s):
Philux Capital Advisors, Inc. Henry Dack Fahman
15272 Flintridge in 15272 Flintridge Ln
Huntington Beach, CA 92647-2747 Huntington Beach, CA 92647-2747
by depositing a true copy of same in a properly addressed postage-paid envelope in the custody
of the U.S. Postal Service for delivery via certified mail, return receipt requested.
Swor e e before me on September 9, 2022 Ehtisham Tarrq
Not ublic
Je rey Zachter
Notary Public State of New York
No. 02ZA6103252
Qualified in Richmond County
Commission Expires March 23, 2024
F
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Defendants to be served:
Philux Capital Advisors, Inc.
15272 Flintridge Ln
Huntington Beach, CA 92647-2747
Henry Dack Fahman
15272 Flintridge Ln
Huntington Beach, CA 92647-2747
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
IRUKA CAPITAL GROUP LLC,
Plaintiff,
-against-
PHILUX CAPITAL ADVISORS, INC. AND HENRY
DACK FAHMAN,
Defendants.
Index No.:
COMPLAINT
Plaintiff Iruka Capital Group LLC (“Plaintiff”), by its attorneys, Zachter PLLC, for its
complaint herein against Philux Capital Advisors, Inc. (“Company Defendant”), and Henry
Dack Fahman (“Guarantor”) (Company Defendant and Guarantor collectively “Defendants”),
alleges as follows:
The Parties
1. At all relevant times, Plaintiff was and is a Limited Liability Company
organized and existing under the laws of the State of New York.
2. Upon information and belief, at all relevant times, Company Defendant was
and is a company organized and existing under the laws of the State of CA.
3. Upon information and belief, at all relevant times, Guarantor was and is an
individual residing in the State of CA.
The Facts
4. On or about June 28, 2022, Plaintiff and Defendants entered into an agreement
(the “Agreement”) whereby Plaintiff agreed to purchase all rights to Company Defendant’s
future receivables having an agreed upon value of $94,437.
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5. Pursuant to the Agreement, Company Defendant agreed to have one bank
account approved by Plaintiff (the “Bank Account”) from which Company Defendant
authorized Plaintiff to make daily ACH withdrawals until $94,437 was fully paid to Plaintiff.
6. In addition, Guarantor agreed to guarantee any and all amounts owed to
Plaintiff from Company Defendant upon a breach in performance by Company Defendant.
7. Plaintiff remitted the purchase price for the future receivables to Company
Defendant as agreed. Initially, Company Defendant met its obligations under the Agreement.
8. Company Defendant stopped making its payments to Plaintiff and otherwise
breached the Agreement by intentionally impeding and preventing Plaintiff from making the
agreed upon ACH withdrawals from the Bank Account while conducting regular business
operations.
9. Company Defendant made payments totaling $29,056, leaving a balance of
$65,381. In addition, pursuant to paragraph 29 of the Agreement, Company Defendant
incurred a blocked account fee in the amount of $7,500.
10. Despite due demand, Company Defendant has failed to pay the amounts due
and owing by Company Defendant to Plaintiff under the Agreement.
11. Additionally, Guarantor is responsible for all amounts incurred as a result of
any default of the Company Defendant.
12. There remains a balance due and owing to Plaintiff on the Agreement in the
amount of $72,881, plus interest, costs, disbursements and attorney’s fees.
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AS AND FOR THE FIRST CAUSE OF ACTION
(Breach of Contract)
13. Plaintiff repeats and re-alleges each and every allegation contained in
paragraphs 1 through 12 of this complaint as though fully set forth at length herein.
14. Plaintiff gave fair consideration to Company Defendant which was tendered
for the right to receive the aforementioned receivables. Accordingly, Plaintiff fully
performed under the Agreement.
15. Upon information and belief, Company Defendant is still conducting regular
business operations and still collecting receivables.
16. Company Defendant has materially breached the Agreement by failing to make
the specified payment amount to Plaintiff as required under the Agreement and otherwise
intentionally impeding and preventing Plaintiff from receiving the proceeds of the
receivables purchased by them.
17. Upon information and belief, Company Defendant has also materially
breached the Agreement by using more than one depositing bank account which has not
been approved by Plaintiff.
18. By reason of the foregoing, Plaintiff has suffered damages in the amount of
$72,881, plus interest, costs, disbursements and attorney’s fees.
AS AND FOR A SECOND CAUSE OF ACTION
(Personal Guarantee)
19. Plaintiff repeats and re-alleges each and every allegation contained in
paragraphs 1 through 18 of this complaint as though fully set forth at length herein.
20. Pursuant to the Agreement, Guarantor personally guaranteed that Company
Defendant would perform its obligations thereunder and that he or she would be personally
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liable for any loss suffered by Plaintiff as a result of a breach by Company Defendant.
21. Company Defendant has breached the Agreement as detailed above.
22. By reason of the foregoing, Plaintiff is entitled to judgment against Guarantor
based on his or her personal guarantee in the sum of $72,881, plus interest, costs,
disbursements and attorney’s fees.
AS AND FOR A THIRD CAUSE OF ACTION
(Unjust Enrichment)
23. Plaintiff repeats and re-alleges each and every allegation contained in
paragraphs 1 through 22 of this complaint as though fully set forth at length herein.
24. Defendants have been unjustly enriched in that they have received the
purchase price for the future receivables, yet have failed to pay the sum of $72,881 pursuant
to the Agreement.
25. By reason of the foregoing, Plaintiff is entitled to judgment against the
Defendants for unjust enrichment in an amount to be determined by the court, plus interest,
costs, disbursements and attorney’s fees.
WHEREFORE, plaintiff Iruka Capital Group LLC, requests judgment against
defendants Philux Capital Advisors, Inc. and Henry Dack Fahman as follows:
(i) on the first cause of action of the complaint, Plaintiff request judgment against
Company Defendant in the amount of $72,881, plus interest, costs, disbursements
and attorney’s fees;
(ii) on the second cause of action of the complaint, Plaintiff request judgment against
Guarantor in the amount of $72,881, plus interest, costs, disbursements and
attorney’s fees;
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(iii) on the third cause of action of the complaint, Plaintiff requests judgment against
Company Defendant and Guarantor in an amount of $72,881, plus interest, costs,
disbursements and attorney’s fees;
(iv) for such other and further relief as this Court deems just and proper.
Dated: New York, New York
September 9, 2022
ZACHTER PLLC
By: _________________________________________
Jeffrey Zachter
30 Wall Street, 8th Floor
New York, New York 10005
(646) 779-3294
Mail To:
2 University Plaza, Suite 205
Hackensack NJ 076
