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FILED: NEW YORK COUNTY CLERK 07/18/2018 04:26 PM INDEX NO. 650383/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/18/2018
FILED: NEW YORK COUNTY CLERK 07/18/2018 04:26 PM INDEX NO. 650383/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/18/2018
Room 2100
Water Street.
77
York 10005
New York, New
First Class M
.
Mr. Lawrence Tannenbaum
300 East 74th Street, Apt. 22G
New York, New York 10021
CONFIDENTIAL"
"PERSONAL AND
I
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SUPREME COURT OF THE STATE OF NEW YORK SUMMONS
COUNTY OF NEW YORK Plaintiff designates
: NEW YORK County as the
CUSHMAN & WAKEFIELD, INC., : place of trial.
The basis of the venue is
Plaintiff '
Plaintiff's place of business.
v. Plaintiff's Place of Business:
: 1290 Avenue of the
LAWRENCE TANNENBAUM, : Americas
New York, New York
Defendant, : 10104
:
To the above named Defendant:
You are hereby summoned to answer the complaint in this action, and to serve a
of your answer, or if the complaint is not served with this summons, to serve a
copy
notice of appearance on the plaintiff's attorney(s) within twenty days after the service of
this summons exclusive of the day of service, where service is made by delivery upon
you within the state, or within 30 days after completion of service where
personally
service is made in any other manner. In case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded in the complaint.
Dated: New York, New York
January 24, 2018
Yours,
By:
Jonath . Ber owitz
Lewis B sbois Bisgaard & Smith, LLP
77 Water Street, 21stFloor
New York, New York 10005
(212) 232-1300
TO: Lawrence Tannenbaum
74th Apt. 22G
300 East street,
New York, New York 10021
4846-8177-3914.1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
:
CUSHMAN & WAKEFIELD, INC., : INDEX NO.:
Plaintiff, :
:
v. : COMPLAINT
:
LAWRENCE TANNENBAUM, :
:
Defendant. :
Plaintiff, CUSHMAN & WAKEFIELD, INC. ("CW"), by
and through Lewis
Brisbois Bisgaard & Smith, LLP, its attorneys in the above-captioned action, files this
("Tannenbaum"
Complaint against Defendant, Lawrence Tannenbaum ("Tannenbaum"), and alleges as
follows, upon information and belief:
PRELIMINARY STATEMENT
1. In
February 2009, Tannenbaum was engaged by CW as a real estate broker
based in New York.
2. During
his engagement as a real estate broker with CW, Tannenbaum
received numerous advances from CW in a total amount in excess of $692,448.32, which
he agreed to repay to CW in the event his engagement as a broker for CW terminated.
3. On or about
January 26, 2012, Tannenbaum's engagement as a real estate
broker with CW terminated, at which point all outstanding advances made to
Tannenbaum became due and owing to CW.
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4. To date, Tannenbaum has failed to repay at least $692,448.32 advanced to
him during his engagement with CW. Tannenbaum has breached agreements and
duties owed to CW by, in part, failing to repay the monies due to CW. CW now seeks
to recover all damages caused Tannenbaum's wrongful conduct.
by
PARTIES
5. That at the time of the commencement of this action, Plaintiff CW is a
domestic business corporation, duly organized, authorized to transact business, and
existing under and by virtue of the laws of the State of New York.
6. That at the time of the commencement of this action, Plaintiff CW
maintains its principal place of business at 1290 Avenue of the Americas, New YOrk,
New York 10104.
7. Tannenbaum is an individual who, upon information and belief, resides in
74th
New York County and has a last known address at 300 East Street, Apt. 22G, New
York, New York 10021.
FACTUAL BACKGROUND
8. On or about February 9, 2009, Tannenbaum entered into a Section 3508
CW.1
Broker-Salesperson Agreement with That same day, Tannenbaum and CW
("Rider").2
executed a Rider to Section 3508 Broker-Salesperson Agreement Pursuant to
.. _ --
1 Exhibit 1.
2
Exhibit 2.
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the Section 3508 Broker-Salesperson Agreement and the Rider, Tannenbaum agreed to
serve as a real estate broker based in CW's New York Midtown office.
9. On or about February 9, 2009, Tannenbaum executed a Drawing Account
Rider which states, in part: the period from 9, 2009 to 8,
"[d]uring February February
2012, [CW] shall: (1) provide you with a guaranteed draw at the rate of $35,000 per
annum, payable in equal installments of $1,458.33 (less withholdings, if
semi-monthly
Draw"
appropriate) (the "Guaranteed Draw") and (2) make advances to you of (i) during the
period from 2009 to payable in equal semi-
February 9, February 8, 2010, $465,000,
monthly installments of $19,375 (less withholdings, if appropriate), (ii) during the
period from 2010 to payable in equal semi-
February 9, February 8, 2011, $365,000,
installments of $15,208.33 (less withholdings, if appropriate), (iii) during the
monthly
period from 2011 to payable in equal semi-
February 9, February 8, 2012, $265,000,
installments of $11,041.67 (less withholdings, ifappropriate), ((i), (ii) and (iii)
monthly
Draw" (" Draw"
collectively, the "Recourse Draw") ("Guaranteed and the "Recourse Draw",
"Draw")."3
collectively the
10. The Drawing
Account Rider further states "AMOUNTS ADVANCED TO
[TANNENBAUM] AS RECOURSE DRAW PAYMENTS ARE LOANS TO BE REPAID
UPON DEMAND."4
TO [CW] Additionally, the
Drawing Account Rider provides that,
"[i]f [Tannenbaum] fail[s] to repay [CW] the Recourse Draw as provided herein and
3 Exhibit 3.
4 Exhibit 3.
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[CW] refers the collection of the unpaid amounts to legal counsel, [Tannenbaum] shall
attorneys' incurred."5
reimburse [CWJ for all reasonable costs and fees
thereby
11. On or about
February 9, 2009, Tannenbaum executed a note
promissory
which states, in part: "I, Lawrence Tannenbaum, promise to to the order of [CW],
pay
upon termination of my engagement with [CW] the sum of $1,095,000.00 or so much
thereof as be advanced to me and remain hereunder."6
may outstanding The
promissory note also states that Tannenbaum "waive[s] demand, presentment, notice of
protest"
non-payment and and that he "agree[s] to all costs incurred [CW] in
pay by
attorneys'
collecting amounts due hereunder, including reasonable fees and court costs,
amount"
together with interest on the unpaid principal and "reaffirm[s] [his] promise
to pay all outstanding amounts owed pursuant to any other promissory note(s) [he has]
issued [CW]."7
to
12. Subsequently, on or about 16, 2011, Tannenbaum executed an
January
amendment that, among other things, modified the terms of Tannenbaum's Guaranteed
Draw.8
13. The Section 3508 Broker Agreement, Rider, Account Rider,
Drawing
promissory note, and any amendments thereto, are referred to as the
collectively
"Agreements."
5 Exhibit
3.
6
Exhibit 4.
7 Exhibit 4.
8
Exhibit 5.
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14. During his engagement with CW as a real estate broker, Tannenbaum
received his draw paid in
semi-monthly installments under the Agreements, which he
promised to repay upon termination of his engagement.
15. Tannenbaum's engagement with CW ended on or about
January 26, 2012.
16. Tannenbaum owes CW $692,448.32 as a principal obligation under the
Agreements. That balance, together with interest that has accrued (and continues to
accrue) in accordance with the terms of the Agreements, remains due and owing.
17. CW has complied with all terms of the Agreements, and now demands
that Tannenbaum make payment in full of all obligations and monies due CW pursuant
to the terms of the Agreements.
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AS AND FOR A FIRST CAUSE OF ACTION
BREACH OF CONTRACT
18. CW incorporates and re-alleges each and
every
allegation set forth above
in paragraphs 1-17 as though fully set forth herein.
19. CW and Tannenbaum entered into the Agreements, which are valid and
enforceable contracts that contain certain terms.
20. CW fully
satisfied and performed its duties and obligations pursuant to
the Agreements.
21. Tannenbaum failed to perform pursuant to the terms of the Agreements
by failing to make timely
payments on monies owed by Tannenbaum to CW, thereby
his duties and obligations under those contracts.
breaching
22. As a direct and proximate result of these breaches by Tannenbaum, CW
has incurred and will continue to incur actual losses or damages in an amount no less
than $692,448.32, and has further been caused to incur reasonable and
necessary
attorney's fees and court costs.
23. All conditions precedent to CW's right of
recovery
herein have been fully
performed or satisfied.
AS AND FOR A SECOND CAUSE OF ACTION
UNJUST ENRICHMENT
24. CW incorporates and re-alleges each and
every
allegation set forth above
in paragraphs 1-23 as though set forth herein.
fully
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25. Under the Agreements, CW advanced monies to Tannenbaum in excess of
$692,448.32. CW had an expectation and understanding that no less than $692,448.32 in
principal would be repaid by Tannenbaum upon the termination of his engagement
with CW.
26. Tannenbaumreceived the benefit of the monies advanced by CW without
any
payment or consideration apart from a promise to repay those funds upon his
termination.
27. Despite Tannenbaum's obligation to do so, he has failed to remit certain of
the monies due and under the Agreements.
owing
28. Under the circumstances, it would be unjust for Tannenbaum to retain the
benefit of the monies advanced by CW without repaying the amounts owed, thereby
unjustly enriching
Tannenbaum at the expense of CW. Indeed, it is against equity and
good conscience to permit Tannenbaum to retain moneys owed to CW.
29. As a direct and proximate result of the wrongful conduct of Tannenbaum,
CW has incurred and will continue to incur actual losses or damages, and has further
been caused to incur reasonable and necessary attorney's fees and court costs.
WHEREFORE, Plaintiff CUSHMAN & WAKEFIELD, INC. demands judgment
againstTannenbaumforthefollowing:
a. an award of $692,448.32, which is the amount due and owing by
Tannenbaum under the Agreements;
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attorneys'
b. an award of all reasonable fees and court costs incurred in
connection with collection of the indebtedness or enforcement of
Cushman & Wakefield, Inc.'s rights with respect to the Agreements;
c. an award of prejudgment and post-judgment interest as allowed law;
by
and
d. an award for such other and further relief as the Court shall deem
equitable and justunder the circumstances.
Dated: New York, New York
24, 2018
January
LEWIS BRISBOIS BISGAARD er,SMITH LLP
By:
Ka L. Campbell, Esq.
Jonathan L. Berkowitz, Esq.
Attorneys for Plaintiff,
Cushman & Wakefield, Inc.
Water 21" Floor
77 Street,
New York, NY 10005
Tel.: (212) 232-1300
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EXHIBIT 1
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E.
SECITON 3508 BROKER-SALESPERSON AGREEMENT
THIS
WAKFRELD,
AGREEMENT
INC.
made as
an
of this
office
1
at 51
day
West
of February,
52d
2009
New
between
New
CUSHMAN
York
&
and
("C&W") having Street, York,
Lawrence Tannenbaum, at 300 East 74th Apt. New New York 10021
residing Street, 22G, York,
(" Broker"
("Section 3508 Broker").
WHERFAS, C&W is engaged in the general real estate services business and C&W engages
real estate brokers to conduct part of that business, whether pursuant to this Section 3508 Broker
Agreement or pursuant to other contracts, and
WHEREAS, the Section 3508 Broker represents and warrants to C&W that he/she is a duly
licensed real estate agent in compliance with all andlocal rules and regulations, and
state,county
WHEREAS, the Section 3508 Broker wishes to become engaged by C&W and C&W is willing
to engage the services of the Section 3508 Broker on the tenns and conditions hereinafter set forth;
NOW THEREFORE, in consideration of the above recitals, and C&W being willing to engage
Section 3508 Broker and Section 3508 Broker being to be engaged by C&W, on the terms,
willing
covenants and conditions set forth herein, and C&W and Section 3508 Broker
Preview
FILED: NEW YORK COUNTY CLERK 07/18/2018 04:26 PM INDEX NO. 650383/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/18/2018 FILED: NEW YORK COUNTY CLERK 07/18/2018 04:26 PM INDEX NO. 650383/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/18/2018 Room 2100 Water Street. 77 York 10005 New York, New First Class M . Mr. Lawrence Tannenbaum 300 East 74th Street, Apt. 22G New York, New York 10021 CONFIDENTIAL" "PERSONAL AND I FILED: FILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/18/2018 01/24 /2018 04:26 05 : 42 PM INDEX I N DEX NO. NO . 650383/2018 6 50383/2018 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 6 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/18/2018 01/24/2018 SUPREME COURT OF THE STATE OF NEW YORK SUMMONS COUNTY OF NEW YORK Plaintiff designates : NEW YORK County as the CUSHMAN & WAKEFIELD, INC., : place of trial. The basis of the venue is Plaintiff ' Plaintiff's place of business. v. Plaintiff's Place of Business: : 1290 Avenue of the LAWRENCE TANNENBAUM, : Americas New York, New York Defendant, : 10104 : To the above named Defendant: You are hereby summoned to answer the complaint in this action, and to serve a of your answer, or if the complaint is not served with this summons, to serve a copy notice of appearance on the plaintiff's attorney(s) within twenty days after the service of this summons exclusive of the day of service, where service is made by delivery upon you within the state, or within 30 days after completion of service where personally service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York January 24, 2018 Yours, By: Jonath . Ber owitz Lewis B sbois Bisgaard & Smith, LLP 77 Water Street, 21stFloor New York, New York 10005 (212) 232-1300 TO: Lawrence Tannenbaum 74th Apt. 22G 300 East street, New York, New York 10021 4846-8177-3914.1 1 of 25 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/18/2018 01/2 4 /2018 04:26 05 : 42 PM INDEX I N DEX NO. NO . 650383/2018 6 50383/2018 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 6 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/18/2018 01/24/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK : CUSHMAN & WAKEFIELD, INC., : INDEX NO.: Plaintiff, : : v. : COMPLAINT : LAWRENCE TANNENBAUM, : : Defendant. : Plaintiff, CUSHMAN & WAKEFIELD, INC. ("CW"), by and through Lewis Brisbois Bisgaard & Smith, LLP, its attorneys in the above-captioned action, files this ("Tannenbaum" Complaint against Defendant, Lawrence Tannenbaum ("Tannenbaum"), and alleges as follows, upon information and belief: PRELIMINARY STATEMENT 1. In February 2009, Tannenbaum was engaged by CW as a real estate broker based in New York. 2. During his engagement as a real estate broker with CW, Tannenbaum received numerous advances from CW in a total amount in excess of $692,448.32, which he agreed to repay to CW in the event his engagement as a broker for CW terminated. 3. On or about January 26, 2012, Tannenbaum's engagement as a real estate broker with CW terminated, at which point all outstanding advances made to Tannenbaum became due and owing to CW. 4822-I663-7274.1 -1- 2 of 25 FILED: FILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/18/2018 01/24 /2018 04:26 05 : 42 PM INDEX I N DEX NO. NO . 650383/2018 6 50383/2018 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 6 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/18/2018 01/24/2018 4. To date, Tannenbaum has failed to repay at least $692,448.32 advanced to him during his engagement with CW. Tannenbaum has breached agreements and duties owed to CW by, in part, failing to repay the monies due to CW. CW now seeks to recover all damages caused Tannenbaum's wrongful conduct. by PARTIES 5. That at the time of the commencement of this action, Plaintiff CW is a domestic business corporation, duly organized, authorized to transact business, and existing under and by virtue of the laws of the State of New York. 6. That at the time of the commencement of this action, Plaintiff CW maintains its principal place of business at 1290 Avenue of the Americas, New YOrk, New York 10104. 7. Tannenbaum is an individual who, upon information and belief, resides in 74th New York County and has a last known address at 300 East Street, Apt. 22G, New York, New York 10021. FACTUAL BACKGROUND 8. On or about February 9, 2009, Tannenbaum entered into a Section 3508 CW.1 Broker-Salesperson Agreement with That same day, Tannenbaum and CW ("Rider").2 executed a Rider to Section 3508 Broker-Salesperson Agreement Pursuant to .. _ -- 1 Exhibit 1. 2 Exhibit 2. 4822-1663-7274.1 -2- 3 of 25 FILED: FILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/18/2018 01/24/2018 04:26 05: 42 PM INDEX I N DEX NO. NO . 650383/2018 6 50383/2018 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 6 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/18/2018 01/24/2018 the Section 3508 Broker-Salesperson Agreement and the Rider, Tannenbaum agreed to serve as a real estate broker based in CW's New York Midtown office. 9. On or about February 9, 2009, Tannenbaum executed a Drawing Account Rider which states, in part: the period from 9, 2009 to 8, "[d]uring February February 2012, [CW] shall: (1) provide you with a guaranteed draw at the rate of $35,000 per annum, payable in equal installments of $1,458.33 (less withholdings, if semi-monthly Draw" appropriate) (the "Guaranteed Draw") and (2) make advances to you of (i) during the period from 2009 to payable in equal semi- February 9, February 8, 2010, $465,000, monthly installments of $19,375 (less withholdings, if appropriate), (ii) during the period from 2010 to payable in equal semi- February 9, February 8, 2011, $365,000, installments of $15,208.33 (less withholdings, if appropriate), (iii) during the monthly period from 2011 to payable in equal semi- February 9, February 8, 2012, $265,000, installments of $11,041.67 (less withholdings, ifappropriate), ((i), (ii) and (iii) monthly Draw" (" Draw" collectively, the "Recourse Draw") ("Guaranteed and the "Recourse Draw", "Draw")."3 collectively the 10. The Drawing Account Rider further states "AMOUNTS ADVANCED TO [TANNENBAUM] AS RECOURSE DRAW PAYMENTS ARE LOANS TO BE REPAID UPON DEMAND."4 TO [CW] Additionally, the Drawing Account Rider provides that, "[i]f [Tannenbaum] fail[s] to repay [CW] the Recourse Draw as provided herein and 3 Exhibit 3. 4 Exhibit 3. 4822-1663-7274,1 -3- 4 of 25 FILED: FILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/18/2018 01/24/2018 04:26 05: 42 PM INDEX INDEX NO. NO. 650383/2018 6 50383/2018 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 6 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/18/2018 01/24/2018 [CW] refers the collection of the unpaid amounts to legal counsel, [Tannenbaum] shall attorneys' incurred."5 reimburse [CWJ for all reasonable costs and fees thereby 11. On or about February 9, 2009, Tannenbaum executed a note promissory which states, in part: "I, Lawrence Tannenbaum, promise to to the order of [CW], pay upon termination of my engagement with [CW] the sum of $1,095,000.00 or so much thereof as be advanced to me and remain hereunder."6 may outstanding The promissory note also states that Tannenbaum "waive[s] demand, presentment, notice of protest" non-payment and and that he "agree[s] to all costs incurred [CW] in pay by attorneys' collecting amounts due hereunder, including reasonable fees and court costs, amount" together with interest on the unpaid principal and "reaffirm[s] [his] promise to pay all outstanding amounts owed pursuant to any other promissory note(s) [he has] issued [CW]."7 to 12. Subsequently, on or about 16, 2011, Tannenbaum executed an January amendment that, among other things, modified the terms of Tannenbaum's Guaranteed Draw.8 13. The Section 3508 Broker Agreement, Rider, Account Rider, Drawing promissory note, and any amendments thereto, are referred to as the collectively "Agreements." 5 Exhibit 3. 6 Exhibit 4. 7 Exhibit 4. 8 Exhibit 5. 4822-1663-7274.1 -4- 5 of 25 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/18/2018 01/24/2018 04:26 05: 42 PM INDEX INDEX NO. NO. 650383/2018 650383/2018 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 6 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/18/2018 01/24/2018 14. During his engagement with CW as a real estate broker, Tannenbaum received his draw paid in semi-monthly installments under the Agreements, which he promised to repay upon termination of his engagement. 15. Tannenbaum's engagement with CW ended on or about January 26, 2012. 16. Tannenbaum owes CW $692,448.32 as a principal obligation under the Agreements. That balance, together with interest that has accrued (and continues to accrue) in accordance with the terms of the Agreements, remains due and owing. 17. CW has complied with all terms of the Agreements, and now demands that Tannenbaum make payment in full of all obligations and monies due CW pursuant to the terms of the Agreements. 4822-1663-7274.I -5- 6 of 25 FILED: FILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/18/2018 01/24/2018 04:26 05: 42 PM INDEX INDEX NO. NO. 650383/2018 650383/2018 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 6 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/18/2018 01/24/2018 AS AND FOR A FIRST CAUSE OF ACTION BREACH OF CONTRACT 18. CW incorporates and re-alleges each and every allegation set forth above in paragraphs 1-17 as though fully set forth herein. 19. CW and Tannenbaum entered into the Agreements, which are valid and enforceable contracts that contain certain terms. 20. CW fully satisfied and performed its duties and obligations pursuant to the Agreements. 21. Tannenbaum failed to perform pursuant to the terms of the Agreements by failing to make timely payments on monies owed by Tannenbaum to CW, thereby his duties and obligations under those contracts. breaching 22. As a direct and proximate result of these breaches by Tannenbaum, CW has incurred and will continue to incur actual losses or damages in an amount no less than $692,448.32, and has further been caused to incur reasonable and necessary attorney's fees and court costs. 23. All conditions precedent to CW's right of recovery herein have been fully performed or satisfied. AS AND FOR A SECOND CAUSE OF ACTION UNJUST ENRICHMENT 24. CW incorporates and re-alleges each and every allegation set forth above in paragraphs 1-23 as though set forth herein. fully 4822-1663-7274.1 -6- 7 of 25 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/18/2018 01/24/2018 04:26 05: 42 PM INDEX I N DEX NO. NO . 650383/2018 6 50383/2018 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 6 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/18/2018 01/24/2018 25. Under the Agreements, CW advanced monies to Tannenbaum in excess of $692,448.32. CW had an expectation and understanding that no less than $692,448.32 in principal would be repaid by Tannenbaum upon the termination of his engagement with CW. 26. Tannenbaumreceived the benefit of the monies advanced by CW without any payment or consideration apart from a promise to repay those funds upon his termination. 27. Despite Tannenbaum's obligation to do so, he has failed to remit certain of the monies due and under the Agreements. owing 28. Under the circumstances, it would be unjust for Tannenbaum to retain the benefit of the monies advanced by CW without repaying the amounts owed, thereby unjustly enriching Tannenbaum at the expense of CW. Indeed, it is against equity and good conscience to permit Tannenbaum to retain moneys owed to CW. 29. As a direct and proximate result of the wrongful conduct of Tannenbaum, CW has incurred and will continue to incur actual losses or damages, and has further been caused to incur reasonable and necessary attorney's fees and court costs. WHEREFORE, Plaintiff CUSHMAN & WAKEFIELD, INC. demands judgment againstTannenbaumforthefollowing: a. an award of $692,448.32, which is the amount due and owing by Tannenbaum under the Agreements; 4822-1663-7274.1 -7- 8 of 25 FILED: FILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/18/2018 01/24/2018 04:26 05: 42 PM INDEX INDEX NO. NO. 650383/2018 650383/2018 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 6 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/18/2018 01/24/2018 attorneys' b. an award of all reasonable fees and court costs incurred in connection with collection of the indebtedness or enforcement of Cushman & Wakefield, Inc.'s rights with respect to the Agreements; c. an award of prejudgment and post-judgment interest as allowed law; by and d. an award for such other and further relief as the Court shall deem equitable and justunder the circumstances. Dated: New York, New York 24, 2018 January LEWIS BRISBOIS BISGAARD er,SMITH LLP By: Ka L. Campbell, Esq. Jonathan L. Berkowitz, Esq. Attorneys for Plaintiff, Cushman & Wakefield, Inc. Water 21" Floor 77 Street, New York, NY 10005 Tel.: (212) 232-1300 4822-1663-7274.1 -8- 9 of 25 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/18/2018 01/24/2018 04:26 05:42 PM INDEX INDEX NO. NO. 650383/2018 650383/2018 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 6 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/18/2018 01/24/2018 EXHIBIT 1 10 of 25 FILED: F ILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/18/2018 01/24/2018 04:26 05: 42 PM INDEX INDEX NO. NO. 650383/2018 65 0 3 8 3 / 2 0 1 8 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 6 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/18/2018 01/24/2018 E. SECITON 3508 BROKER-SALESPERSON AGREEMENT THIS WAKFRELD, AGREEMENT INC. made as an of this office 1 at 51 day West of February, 52d 2009 New between New CUSHMAN York & and ("C&W") having Street, York, Lawrence Tannenbaum, at 300 East 74th Apt. New New York 10021 residing Street, 22G, York, (" Broker" ("Section 3508 Broker"). WHERFAS, C&W is engaged in the general real estate services business and C&W engages real estate brokers to conduct part of that business, whether pursuant to this Section 3508 Broker Agreement or pursuant to other contracts, and WHEREAS, the Section 3508 Broker represents and warrants to C&W that he/she is a duly licensed real estate agent in compliance with all andlocal rules and regulations, and state,county WHEREAS, the Section 3508 Broker wishes to become engaged by C&W and C&W is willing to engage the services of the Section 3508 Broker on the tenns and conditions hereinafter set forth; NOW THEREFORE, in consideration of the above recitals, and C&W being willing to engage Section 3508 Broker and Section 3508 Broker being to be engaged by C&W, on the terms, willing covenants and conditions set forth herein, and C&W and Section 3508 Broker