W. R. Cobb Co. v. Ross Metals Corp.

The following e-filed documents, listed by NYSCEF document number (Motion 002) 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56 were read on this motion to/for    JUDGMENT — SUMMARY. DECISION ORDER ON MOTION Plaintiff’s motion for summary judgment is denied. Background Plaintiff contends that it entered into an agreement with defendant Ross Metals Corporation (“Ross Metals”) wherein it was to provide jewelry materials. It asserts that defendant Angel Ross is Ross Metals’ president and that he signed a personal guarantee in connection with Ross’ purchases. Plaintiff claims it sent goods and defendants have refused to pay. It moves for summary judgment and includes a document from November 2012 entitled “Domestic Customer Application Required for USA Patriot Act” (NYSCEF Doc. No. 29). Angel Ross signed a personal guarantee at the end of this document, which appears to contemplate that Ross Metals would purchase jewelry from plaintiff (id.). However, there are no specifics about how much Ross Metals was purchasing; in fact, the section that queries how much Ross Metals planned to buy each month “in diamonds” is left blank (id.). Plaintiff also includes invoices that it claims show that defendants failed to pay for the shipments it sent. In opposition, Angel Ross claims that it is his practice to pay for goods after they are delivered and acknowledges that his company, Ross Metals, purchased goods from plaintiff for many years (NYSCEF Doc. No. 37 at 1). However, he claims he did not receive the goods in question here and that he did not receive the subject invoices until 2022 (id.). Mr. Ross insists he promptly objected to those invoices after he received them (id.). He claims that “In January 2022, I discussed this issue with Plaintiff. I informed them that I was not going to pay these amounts without proof of delivery” and that “As I have stated to Plaintiff on numerous occasions, if they can show that the products I ordered were actually delivered to me, I will pay for them” (id.