The following numbered papers were read on these motions1: Submitted by Plaintiff in Support of Motion NYSCEF Doc No. 14: Notice of Motion NYSCEF Doc No. 15: Statement of Material Facts NYSCEF Doc No. 16: Affidavit of Asher Sussman NYSCEF Doc No. 17: Affirmation of Yana Chechelnitsky, Esq. NYSCEF Doc No. 18: Exhibit A — Contract NYSCEF Doc No. 19: Exhibit B — Wire Receipt NYSCEF Doc No. 20: Exhibit C — Payment History NYSCEF Doc No. 21: Exhibit D — Summons and Complaint NYSCEF Doc No. 22: Exhibit E — Answer NYSCEF Doc No. 23: Exhibit F — Reply to Counterclaim NYSCEF Doc No. 24: Memorandum of Law NYSCEF Doc No. 25: Affirmation of Service NYSCEF Doc No. 26: Request for Judicial Intervention NYSCEF Doc No. 27: Addendum to Request for Judicial Intervention Submitted by Defendants in Opposition to Motion NYSCEF Doc No. 28: Affirmation of Amos Weinberg, Esq. NYSCEF Doc No. 29: Memorandum of Law NYSCEF Doc No. 30: Response to Statement of Material Facts NYSCEF Doc No. 31: Notice of Appearance Submitted by Plaintiff NYSCEF Doc No. 32: Stipulation — Adjournment of Motion NYSCEF Doc No. 34: Stipulation — Adjournment of Motion2 Submitted by Court NYSCEF Doc No. 36: Transcript of Oral Argument DECISION AND ORDER Upon the foregoing papers and having heard oral argument on the record, the within motion is determined as follows. Background Plaintiff AJ Equity Group LLC (“Plaintiff”) commenced an action against Urban Bay Housing Fund LLC / Johnruth Capital Inc / Fast Time Publishing / Florida 4 Sale / Parks Management LLC (“Business Defendant”) and Caleb Walsh (“Individual Defendant”) (collectively “Defendants”) in the amount of $62,854.94 for breach of contract and breach of personal guarantee. Per the complaint herein, on or about May 4, 2021, Plaintiff and Business Defendant entered into a Purchase and Sale of Future Receivables Agreement (the “Agreement,” NYSCEF Doc No. 18) for all rights to Business Defendant’s future account receivables having the face value of $299,800.00, for the agreed upon price of $200,000.00. Business Defendant agreed to have one bank account (the “Bank Account”) that was approved by Plaintiff, pursuant to the Agreement. Plaintiff purchased two installments totaling $149,000.00 of the receivables from the Business Defendant, for a payment amount of $100,000.00. (See NYSCEF Doc No. 21
5-8.) Plaintiff alleged that Business Defendant stopped making payments on or about June 9, 2021, thereby breaching the Agreement. Business Defendant made payments totaling $89,940.06, leaving a balance of $59,959.94. The combined sum of the balance due to Plaintiff and fees total $62,854.94. Furthermore, Plaintiff argued that Individual Defendant personally guaranteed that Business Defendant would perform its obligations under the Agreement and be personally liable for any breach by Business Defendant. (See id.
