Preview
FILED: NEW YORK COUNTY CLERK 03/06/2018 03:13 PM INDEX NO. 152017/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------..-----------------------------------------x Index No.
SAYID AND ASSOCIATES LLP
Plaintiff, Our File No. 762696
-against-
Summons
ROBERT DIPIETRO Plaintiffs Address:
PHYLLIS ZITO 408 West 57thSt Ste 8E
Defendant(s). New York, NY 10019
-------..-------..-..-----------------..-------------------..---.--x
The basis of the venue is transaction accrued in the county or Defendant's residence. .
To the above named Defendant:
YOU ARE HEREBY SUMMONED and required to appear by serving an answer to the
annexed Complaint upon Plaintiff's attorney, at the address stated below, or ifthere is no attorney, upon the
Plaintiff, at the address stated above, within the time provided by law as noted below; upon your failure to
answer, judgment will be taken against you for the relief demanded in the Complaint, together with the costs of
this action.
Dated: January 19, 2018
Defendant's Address:
959 W. Fingerboard Road
Staten Island NY 10304 mith Carroad Levy & Wan, P.C.
PRAGNA PARIKH, ESQ.
1344 83rd Street . Attorneys for Plaintiff
Brooklyn NY 11228 5036 Jericho Tpke.
Commack, NY 11725
(631)499-5400
**This is an attempt to collect a debt and any information obtained shall be used for that purpose.
NOTE: The law provides that:(1) Ifthis summons is served by its delivery to you personally within the State
of New York, you must answer within 20 days after such service; or (2) If this Summons isserved by delivery
to any person other than you personally, or isserved outside the State of New York, or by publication, or by any
means other than personal delivery to you within the State of New York, you are allowed 30 days after service is
complete within which to answer.
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FILED: NEW YORK COUNTY CLERK 03/06/2018 03:13 PM INDEX NO. 152017/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018
NE%'
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--- -----------------------x Index No.
SAY1D AND ASSOCIATES LLP Our File No. 762696
Plaintiff,
-against-
ROBERT DIPIETRO Complaint
PHYLLIS ZITO
Defendant(s).
--------------------------------------x - — — — —
Plaintiff by its attorneys Smith, Carroad, Levy & Wan, P.C. complaining of the
Defendant alleges as follows:
1. Sayid and Associates, LLP is a domestic limited liabilitypartnership engaged in
the practice of law with itsprincipal place of business in the City, State and County of New
York.
2. Upon information and belief,the Defendant resides in the county in which this
action is brought; or that the Defendant transacted business within the county in which this action
is brought in person or through his agent and that the instant cause of action arose out of said
transaction.
3. On or about November 17, 2017, Plaintiffprovided notice to Defendants of their
right to arbitrate fee disputes under Part 137 of the Rules of the Chief Administrator of the
Courts.
AS AND FOR A FIRST CAUSE OF ACTION
4. On or about November 6, 2015, Defendant entered into an agreement with
Plaintiff whereby Plaintiff agreed to provide legal services to the Defendant and Defendant
agreed to pay forsuch services.
5. Pursuant to the aforementioned agreement and in or about November 2015
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FILED: NEW YORK COUNTY CLERK 03/06/2018 03:13 PM INDEX NO. 152017/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018
through October 2017, Plaintiff, at the special instance and request of Defendant, provided legal
services in an agreed price and a reasonable value to Defendant. After giving the Defendants
credit for allpayments and credits, there stillremains due and owing the sum of $141,570.00
which stillremains due and owing afterdemand.
AS AND FOR A SECOND CAUSE OF ACTION
6. Plaintiff repeats reiterates and realleges each and every allegation set forth the
paragraphs above as if setforth herein.
7. In or about November 2015 through October 2017, Plaintiff provided legal
services to Defendants at their request for an agreed price and reasonable value.
8. Defendants benefitted from the aforementioned services provided by Plaintiff.
9. Plaintiff is entitledto payment forthe value of such services.
10. Defendants have failed to make payment, despite demand, and presently owes
Plaintiff the sum of $141,570.00.
AS AND FOR A THIRD CAUSE OF ACTION
11. Plaintiffrepeats reiterates and realleges each and every allegation set forth in
paragraphs 1 through 10 as if fully set forth herein.
12. In or about November 2015 through October 2017, Plaintiff provided legal
services to Defendant, at his request, for an agreed price and reasonable value.
13. Plaintiffrendered to Defendant monthly, fulland true accounts of the
indebtedness owing by the Defendant as a resultof the agreement between the parties.
14. The account statements delivered to Defendant were accepted without objection
by the Defendant resulting in an account stated for the amount set forth above.
15. Defendant owes to Plaintiff the sum of $141,570.00, no part of which sum has
been paid, despite demand.
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FILED: NEW YORK COUNTY CLERK 03/06/2018 03:13 PM INDEX NO. 152017/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018
16. The causes of action herein accrued in the State of New York wherein the Statute
of Limitations is six years. After reasonable inquiry, Plaintiffhas reason to believe that the
statute of limitations has not expired.
WHEREFORE, Plaintiffdemands judgment against the Defendant in the amount of
$141,570.00, plus interest thereon from September 30, 2017 along with costs and disbursements
of thisaction.
Dated: Commack, New York
January 19, 2018
Yours etc.,
SMITH, , LEVY & WAN, P.C.
: GNA PARIKH
orneys for Plaintiff
036 Jericho Turnpike
Commack, New York 11725
(631) 499-5400
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018
201 501 0955 p.1
19 18 02:34 David Sayid
Jan p
I
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
.._.._.......-.--....----------------------x Index No.
SAY1D AND ASSOCIATES LLP
Plaintif4 Our File No. 762696
-against-
ROBERT D1PIETRO
PHYLLIS ZITO
. Defendant(s).
: ...-......._...........-..--.----_.---..----x
CORPORATE VERIFICATION
Stateof New York )
County of C )ss:
M. David Sayid,being duly sworn, deposes and says,
1. That deponent is the ManagingPartnerfor the Plaintiff
in the within
action.
2. That deponent makes thisverificationbased upon personalknowledge as wellas upon review
of recordsmade and keptin the regular
course ofbusiness underhis supervision and controL
3. Deponent has readthe foregoing Complaint and knows the contentsthereof and thatsame is
todeponent's own knowledge, except as to matters
statedto be alleged
prior hereto,and as tothose
mattersdeponent believesthem to be true.
~sl| A~ 8'WreS
gC7
M. Davi
Preview
FILED: NEW YORK COUNTY CLERK 03/06/2018 03:13 PM INDEX NO. 152017/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------..-----------------------------------------x Index No. SAYID AND ASSOCIATES LLP Plaintiff, Our File No. 762696 -against- Summons ROBERT DIPIETRO Plaintiffs Address: PHYLLIS ZITO 408 West 57thSt Ste 8E Defendant(s). New York, NY 10019 -------..-------..-..-----------------..-------------------..---.--x The basis of the venue is transaction accrued in the county or Defendant's residence. . To the above named Defendant: YOU ARE HEREBY SUMMONED and required to appear by serving an answer to the annexed Complaint upon Plaintiff's attorney, at the address stated below, or ifthere is no attorney, upon the Plaintiff, at the address stated above, within the time provided by law as noted below; upon your failure to answer, judgment will be taken against you for the relief demanded in the Complaint, together with the costs of this action. Dated: January 19, 2018 Defendant's Address: 959 W. Fingerboard Road Staten Island NY 10304 mith Carroad Levy & Wan, P.C. PRAGNA PARIKH, ESQ. 1344 83rd Street . Attorneys for Plaintiff Brooklyn NY 11228 5036 Jericho Tpke. Commack, NY 11725 (631)499-5400 **This is an attempt to collect a debt and any information obtained shall be used for that purpose. NOTE: The law provides that:(1) Ifthis summons is served by its delivery to you personally within the State of New York, you must answer within 20 days after such service; or (2) If this Summons isserved by delivery to any person other than you personally, or isserved outside the State of New York, or by publication, or by any means other than personal delivery to you within the State of New York, you are allowed 30 days after service is complete within which to answer. 1 of 5 FILED: NEW YORK COUNTY CLERK 03/06/2018 03:13 PM INDEX NO. 152017/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018 NE%' SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --- -----------------------x Index No. SAY1D AND ASSOCIATES LLP Our File No. 762696 Plaintiff, -against- ROBERT DIPIETRO Complaint PHYLLIS ZITO Defendant(s). --------------------------------------x - — — — — Plaintiff by its attorneys Smith, Carroad, Levy & Wan, P.C. complaining of the Defendant alleges as follows: 1. Sayid and Associates, LLP is a domestic limited liabilitypartnership engaged in the practice of law with itsprincipal place of business in the City, State and County of New York. 2. Upon information and belief,the Defendant resides in the county in which this action is brought; or that the Defendant transacted business within the county in which this action is brought in person or through his agent and that the instant cause of action arose out of said transaction. 3. On or about November 17, 2017, Plaintiffprovided notice to Defendants of their right to arbitrate fee disputes under Part 137 of the Rules of the Chief Administrator of the Courts. AS AND FOR A FIRST CAUSE OF ACTION 4. On or about November 6, 2015, Defendant entered into an agreement with Plaintiff whereby Plaintiff agreed to provide legal services to the Defendant and Defendant agreed to pay forsuch services. 5. Pursuant to the aforementioned agreement and in or about November 2015 2 of 5 FILED: NEW YORK COUNTY CLERK 03/06/2018 03:13 PM INDEX NO. 152017/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018 through October 2017, Plaintiff, at the special instance and request of Defendant, provided legal services in an agreed price and a reasonable value to Defendant. After giving the Defendants credit for allpayments and credits, there stillremains due and owing the sum of $141,570.00 which stillremains due and owing afterdemand. AS AND FOR A SECOND CAUSE OF ACTION 6. Plaintiff repeats reiterates and realleges each and every allegation set forth the paragraphs above as if setforth herein. 7. In or about November 2015 through October 2017, Plaintiff provided legal services to Defendants at their request for an agreed price and reasonable value. 8. Defendants benefitted from the aforementioned services provided by Plaintiff. 9. Plaintiff is entitledto payment forthe value of such services. 10. Defendants have failed to make payment, despite demand, and presently owes Plaintiff the sum of $141,570.00. AS AND FOR A THIRD CAUSE OF ACTION 11. Plaintiffrepeats reiterates and realleges each and every allegation set forth in paragraphs 1 through 10 as if fully set forth herein. 12. In or about November 2015 through October 2017, Plaintiff provided legal services to Defendant, at his request, for an agreed price and reasonable value. 13. Plaintiffrendered to Defendant monthly, fulland true accounts of the indebtedness owing by the Defendant as a resultof the agreement between the parties. 14. The account statements delivered to Defendant were accepted without objection by the Defendant resulting in an account stated for the amount set forth above. 15. Defendant owes to Plaintiff the sum of $141,570.00, no part of which sum has been paid, despite demand. 3 of 5 FILED: NEW YORK COUNTY CLERK 03/06/2018 03:13 PM INDEX NO. 152017/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018 16. The causes of action herein accrued in the State of New York wherein the Statute of Limitations is six years. After reasonable inquiry, Plaintiffhas reason to believe that the statute of limitations has not expired. WHEREFORE, Plaintiffdemands judgment against the Defendant in the amount of $141,570.00, plus interest thereon from September 30, 2017 along with costs and disbursements of thisaction. Dated: Commack, New York January 19, 2018 Yours etc., SMITH, , LEVY & WAN, P.C. : GNA PARIKH orneys for Plaintiff 036 Jericho Turnpike Commack, New York 11725 (631) 499-5400 4 of 5 FILED: NEW YORK COUNTY CLERK 03/06/2018 03:13 PM INDEX NO. 152017/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018 201 501 0955 p.1 19 18 02:34 David Sayid Jan p I SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK .._.._.......-.--....----------------------x Index No. SAY1D AND ASSOCIATES LLP Plaintif4 Our File No. 762696 -against- ROBERT D1PIETRO PHYLLIS ZITO . Defendant(s). : ...-......._...........-..--.----_.---..----x CORPORATE VERIFICATION Stateof New York ) County of C )ss: M. David Sayid,being duly sworn, deposes and says, 1. That deponent is the ManagingPartnerfor the Plaintiff in the within action. 2. That deponent makes thisverificationbased upon personalknowledge as wellas upon review of recordsmade and keptin the regular course ofbusiness underhis supervision and controL 3. Deponent has readthe foregoing Complaint and knows the contentsthereof and thatsame is todeponent's own knowledge, except as to matters statedto be alleged prior hereto,and as tothose mattersdeponent believesthem to be true. ~sl| A~ 8'WreS gC7 M. Davi