District Judge I. Leo Glaser
Under Oct. 2015 and March 2016 contracts Merchant Cash & Capital LLC agreed to pay Haute Society Fashion Inc. (HSFI) $350,000 for $451,500 in future revenues. HSFI’s owner Cho signed the pacts’ “Personal Guarantee of Contractual Terms” in her personal capacity. HSFI paid Merchant $155,060. After April 2016 HSFI ceased depositing funds in the designated bank, and closed the account. To date $296,440 of the $451,500 remains unpaid. HSFI and Cho were served on June 13 and Sept. 26, 2016, respectively, in Merchant’s diversity action alleging breaches of contract and guaranty. Default was entered against them on March 7, 2017. Neither HSFI nor Cho appeared, opposed, or responded to Merchant’s motion for default judgment in the amount of $296,440 jointly and severally, which the court, applying governing New York law, granted. Merchant pleaded sufficient facts to establish HSFI’s breach of contract. Citing Prof’l Merch. Advance Capital LLC v. McEachern, the court ruled that Cho’s personal guarantee of performance, and thus payment, drove it to hold that Cho obligated herself to repay if HSFI defaulted. The $296,440 damages amount was readily apparent and computable from the agreements and complaint.