Full title: ELIANTTE & CO, Plaintiff, v. GERVONTA DAVIS, Defendant.
Court: United States District Court, S.D. New York
Date published: May 31, 2022
Facts
Eliantte is a New York-based jewelry company that Davis, a professional boxer, commissioned in late 2019 to manufacture custom jewelry pieces including a diamond-encrusted charm (the “Charm”), a diamond-encrusted tennis chain (the “Chain”), and a Richard Mille RM 11 diamond encrusted watch (the “Watch”). On December 2, 2019, Eliantte sent Davis an invoice totaling $486,671.25 for these custom jewelry pieces (the “Jewelry”).
Elliot Buryev (“Buryev”) is the principal and sole owner of Eliantte. On December 28, 2019, Buryev delivered the jewelry to Davis at a boxing match in Atlanta, Georgia, in exchange for a personal check for $486,671.25 payable to Eliantte and signed by Davis. Davis asked Buryev to wait five days to deposit the check because he was awaiting payment for a boxing match. Buryev waited five days, but when he deposited the check, it was returned for insufficient funds. To this date, Eliantte has not received payment for any of the items, nor has Davis returned the Jewelry to Eliantte.
Issue
Decision
Accordingly, for the reasons stated above, it is hereby
ORDERED that the motion (Dkt. No. 38) of plaintiff Eliantte & Co. (“Eliantte”) for partial summary judgment is GRANTED as to Count V of the complaint (Dkt. No. 1); and it is further
ORDERED that judgment shall be entered in favor of Eliantte against defendant Gervonta Davis in the amount of $486,671.25 plus interest at the statutory rate of nine percent per year from the date of the underlying invoice until the date of payment.
The Clerk of the Court is directed to terminate all pending motions.
SO ORDERED.
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