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EBF Holdings, LLC v. Kloud Rooftop Inc.
EBF Holdings, LLC v Kloud Rooftop Inc. 2026 NY Slip Op 30775(U) March 4, 2026 Supreme Court, New York County Docket Number: Index No. 652886/2025 Judge: Emily Morales-Minerva Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.
file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.6528862025.NEW_YORK.001.LBLX000_TO.html[03/12/2026 3:45:53 PM]
FILED: NEW YORK COUNTY CLERK 03/05/2026 09:34 AM INDEX NO. 652886/2025 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 03/04/2026
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. EMILY MORALES-MINERVA PART 42M Justice --------------- ----------------------------------------------X INDEX NO. 652886/2025 EBF HOLDINGS, LLC D/B/A EVEREST BUSINESS FUNDING, MOTION DATE 12/04/2025
Plaintiff, MOTION SEQ. NO. 001
- V - DECISION + ORDER ON KLOUD ROOFTOP INC.,SALMAN A KHAN MOTION Defendant. -------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 17, 18, 19, 20, 21, 22,23 were read on this motion to/for JUDGMENT - DEFAULT
APPEARANCES:
MENDELBEERG P.C., 86 Chambers St. Suite 205, New York, New York 10007 (Gabriel Mendelberg), for plaintiff.
EMILY MORALES-MINERVA, J.S.C.
In this breach of contract, breach of guaranty and unjust
enrichment action, plaintiff EBF HOLDINGS, LLC D/B/A EVEREST
BUSINESS FUNDING moves, pursuant to CPLR § 3215, for an order
granting it leave to enter a default judgment against defendants
KLOUD ROOFTOP INC. and SALMAN A KHAN in the sum of $113,920.00
plus costs, fees, disbursements, and interest from April 2,
2025.
Defendants do not appear or submit opposition to the
motion (sequence number 01).
652886/2025 EBF HOLDINGS, LLC D/B/A EVEREST BUSINESS FUNDING vs. KLOUD ROOFTOP Page 1 of 4 INC. ET AL Motion No. 001
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FILED: NEW YORK COUNTY CLERK 03/05/2026 09:34 AM INDEX NO. 652886/2025 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 03/04/2026
When a defendant fails "to appear, plead or proceed to
trial of an action reached and called for trial, or when the
court orders a dismissal for any other neglect to proceed, the
plaintiff may seek a default judgment against [the defendant]"
(CPLR § 3215 [a]). To establish entitlement to a default
judgment, plaintiff must file (1) proof it served defendant with
the summons and complaint, and (2) "proof of the facts
constituting the claim, the default, and the amount due . by
affidavit made by the party" (see CPLR § 3215 [f]; see also
Woodson v Mendon Leasing Corp., 100 NY2d 62, 70 [2003)
[providing that "an applicant for a default judgment [must] file
'proof by affidavit made by the party of the facts constituting
the claim'"]; 231st Riverdale LLC v 7 Star Home Furniture Inc.,
198 AD3d 524, 525 [1st Dept 2021); Feffer v Malpeso, 210 AD2d 60
[1st Dept 1994]).
Here, plaintiff demonstrates its entitlement to entry of a
default judgment against defendants by submitting, among other
things, the affirmation of service (NYSCEF Doc. No. 4); the
affirmation of additional mailing (NYSCEF Doc. No. 6);
defendant's contractual agreement with plaintiff (NYSCEF Doc.
No. 3) and the affidavit of Michael John Reppas II, Chief Legal
Officer of Whetstone Holdings, LLC the parent of EBF Holdings
LLC d/b/a Everest Business Funding ("EBF") (NYSCEF Doc. No. 14);
652886/2025 EBF HOLDINGS, LLC D/B/A EVEREST BUSINESS FUNDING vs. KLOUD ROOFTOP Page 2 of4 INC. ET AL Motion No. 001
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FILED: NEW YORK COUNTY CLERK 03/05/2026 09:34 AM INDEX NO. 652886/2025 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 03/04/2026
(see CPLR § 3215 [f]; see also Licurgo-Villar v Samouha, 227
AD3d 619, 620 [1st Dept 2024]; Guzetti v City of New York, 32
AD3d 234 [1st Dept 2006]).
Accordingly, it is hereby
ORDERED that Plaintiff EBF HOLDINGS, LLC D/B/A EVEREST
BUSINESS FUNDING motion for default judgement pursuant to CPLR §
3215, is GRANTED on the action for breach of contract against
Defendant KLOUD ROOFTOP INC and GRANTED on the action for breach
of guaranty on SALMAN A KHAN; and it is further
ORDERED that the Clerk of the Court is directed to enter
judgment in favor of Plaintiff and against Defendants KLOUD
ROOFTOP INC. and SALMAN A KHAN, jointly and severally in the
amount of $113,920.00 plus costs, fees, disbursements, and
interest from April 2, 2025;
ORDERED that, within fifteen days from the date of this
decision and order, plaintiff shall serve a copy of this order,
with notice of entry, upon defendants, as well as on the clerk
of court, who shall enter judgement accordingly; and it is
further
ORDERED that the Clerk of Court shall mark the file
accordingly.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
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FILED: NEW YORK COUNTY CLERK 03/05/2026 09:34 AM INDEX NO. 652886/2025 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 03/04/2026
3/4/2026 DATE CHECK ONE: CASE DISPOSED ~ NON-FINAL DISPOSITION □ DENIED □ GRANTED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
□ CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
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