UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF NEW YORK 

_______________________________________________X 

COMMODORE FACTORS CORP. Index No. 07-CV-3433 

 (TPG) 

 Plaintiff, 

 -againstRICHARD COCHERL and JANICE COCHERL 

 Defendants/Third Party Plaintiffs THIRD PARTY COMPLAINT 

 against 

SCOTT GINS and ANGELA GINS 

 Third Party Defendants. 

_________________________________________________X 

 Defendant/third party plaintiff, Richard Cocherl by and through his counsel, Stein, McGuire, 

Pantages & Gigl, by way of Third Party Complaint against third party defendants, Scott Gins and 

Angela Gins alleges as follows: 

FACTS COMMON TO ALL COUNTS

 1. Plaintiff, Commodore Factors has instituted a civil action against defendant/third party 

plaintiff, Richard Cocherl and defendant, Janice Cocherl presently pending in the United States District 

Court for the Southern District of New York under case number 07 CV-3433. A copy of plaintiff’s 

Complaint is attached hereto and made part hereof as defendant/third party plaintiff’s Exhibit A. 

 2. Upon information and belief, third party defendants, Scott Gins and Angela Gins 

presently reside at 75 Fairhaven Avenue in the Borough of Allendale, County of Bergen, State of New 

Jersey. 

Case 1:07-cv-03433-TPG Document 10 Filed 11/15/2007 Page 1 of 4
 3. Plaintiff, Commodore Factors Corp. alleges in part that defendant/third party plaintiff 

breached the terms of a Factoring Agreement and Personal Guaranty resulting in damages to 

Commodore Factors in the amount of $236,264.58. 

 4. Third party defendants, Scott Gins and Angela Gins cosigned the Factoring Agreement 

which was specifically referred to in plaintiff’s Complaint. 

 5. Third party defendants, Scott Gins and Angela Gins also executed Personal Guaranties 

for the obligation set forth in the aforementioned Factoring Agreement. 

COUNT ONE (Breach of Contract)

 6. Third party defendants, Scott Gins and Angela Gins breached the terms of the 

aforementioned Factoring Agreement. 

 7. Third party defendants, Scott Gins and Angela Gins are therefore indebted to 

Commodore Factors in the amount of $236,264.58. 

 8. Accordingly, third party defendants are jointly liable and obligated to the claims asserted 

by plaintiff, Commodore Factors. 

SECOND COUNT (Unjust Enrichment)

 9. Defendant/third party plaintiff repeats the allegations of the Facts Common to All Counts 

and Count One of the Third Party Complaint as though more fully set out herein at length. 

 10. Third party defendants obtained a benefit as a result of the aforementioned agreement 

with plaintiff, Commodore Factors. 

 11. To the extent that defendant/third party plaintiff would pay more than his proportionate 

share of any monies if owed to plaintiff, Commodore Factors, third party defendants would be unjustly 

enriched. 

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COUNT THREE (Unauthorized/Negligent Conduct)

 12. Defendant/third party plaintiff, Richard Cocherl repeats the allegations of Facts Common 

to All Counts and Counts One and Two above as though more fully set out herein at length. 

 13. On or prior to the date of the agreement with Commodore Factors, defendant/third party 

plaintiff and third party defendants agreed that joint authorization was required in order to obtain monies 

from Commodore Factors. Third party defendant, Scott Gins without the approval of defendant/third 

party plaintiff, Richard Cocherl obtained monies from Commodore Factors Corp. 

 14. Third party defendant, Scott Gins in breach of the agreement with defendant/third party 

plaintiff, Richard Cocherl requested monies from Commodore Factors without the knowledge or consent 

of third party plaintiff. 

 15. Third party defendant, Scott Gins lacked the authority, real or apparent, to obligate third 

party plaintiff to any indebtedness with Commodore Factors without the knowledge, consent and 

approval of third party plaintiff. 

COUNT FOUR (Joint Liability)

 16. Defendant/third party plaintiff, Richard Cocherl repeats the Facts Common to All Counts, 

Counts One, Two and Three as though more fully set out herein at length. 

 17. Third party defendant, Scott Gins executed a Personal Guaranty to the subject obligation 

with Commodore Factors. 

 18. Third party defendant, Angela Gins executed a Personal Guaranty to the subject 

obligation with Commodore Factors. 

 19. Accordingly, third party defendants are jointly liable based upon the terms and provisions 

of the Personal Guaranty to the claims made by plaintiff, Commodore Factors. 

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 WHEREFORE, defendant/third party plaintiff, Richard Cocherl demands judgment against third 

party defendants, Scott Gins and Angela Gins as follows: 

1. For all sums that third party plaintiff may be legally obligated to pay plaintiff, Commodore 

Factors. 

2. For third party defendants proportionate share of all monies that defendant/third party 

plaintiff is adjudged to be owed to plaintiff, Commodore Factors. 

3. Compensatory damages. 

4. For such other relief as the Court may deem equitable and just. 

JURY DEMAND

Defendant demands a trial by jury on all issues so triable. 

Dated:

 Yours, etc. 

 STEIN, MCGUIRE, PANTAGES & GIGL, LLP 

 

 BY: ________________________________/S 

 MICHAEL F. MARTINO (MFM 0654) 

 Attorneys for Defendant, Richard Cocherl 

 354 Eisenhower Parkway 

 Livingston, New Jersey 07039 

 973-992-1100 

TO: Gilbert A. Lazarus, Esq. 

 Lazarus & Lazarus, PC 

 240 Madison Avenue, 8th Floor 

 New York, New York 10016 

 Dina A. Mastellone, Esq. 

Genova Burns & Vernoia 

Eisenhower Plaza II 

354 Eisenhower Parkway 

Livingston, NJ 07039-1023 

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