EBF Holdings, LLC v. Kloud Rooftop Inc.

2026 NY Slip Op 30775(U)

• Court: New York Supreme Court, New York County
• Decided: March 4, 2026
• Docket: Index No. 652886/2025
• Status: Unpublished
• Author: Emily Morales-Minerva

Opinion

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

[* 1] 1 of 4 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

[* 2] 2 of 4 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.

652886/2025 EBF HOLDINGS, LLC D/8/A EVEREST BUSINESS FUNDING vs. KLOUD ROOFTOP Page3of4 INC.ET AL Motion No. 001

[* 3] 3 of 4 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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