arrow left
arrow right
  • Cardinal Health 110, Llc, Successor In Interest To Kinray, Llc v. Hk Pharmacy Inc., Lin CuiCommercial - Contract document preview
  • Cardinal Health 110, Llc, Successor In Interest To Kinray, Llc v. Hk Pharmacy Inc., Lin CuiCommercial - Contract document preview
  • Cardinal Health 110, Llc, Successor In Interest To Kinray, Llc v. Hk Pharmacy Inc., Lin CuiCommercial - Contract document preview
  • Cardinal Health 110, Llc, Successor In Interest To Kinray, Llc v. Hk Pharmacy Inc., Lin CuiCommercial - Contract document preview
  • Cardinal Health 110, Llc, Successor In Interest To Kinray, Llc v. Hk Pharmacy Inc., Lin CuiCommercial - Contract document preview
  • Cardinal Health 110, Llc, Successor In Interest To Kinray, Llc v. Hk Pharmacy Inc., Lin CuiCommercial - Contract document preview
  • Cardinal Health 110, Llc, Successor In Interest To Kinray, Llc v. Hk Pharmacy Inc., Lin CuiCommercial - Contract document preview
  • Cardinal Health 110, Llc, Successor In Interest To Kinray, Llc v. Hk Pharmacy Inc., Lin CuiCommercial - Contract document preview
						
                                

Preview

FILED: QUEENS COUNTY CLERK 07/12/2022 02:12 PM INDEX NO. 714430/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------------X CARDINAL HEALTH 110, LLC, successor in interest to KINRAY, LLC, Index No. Plaintiff, VERIFIED COMPLAINT -against- HK PHARMACY INC. and LIN CUI, Defendants. ---------------------------------------------------------------------X Plaintiff, Cardinal Health 110, LLC, successor in interest to Kinray, LLC, by its attorneys, Kurzman Eisenberg Corbin & Lever, LLP, complaining of Defendants, HK Pharmacy Inc. and Lin Cui, as and for its Complaint alleges as follows: THE PARTIES 1. At all relevant times hereinafter mentioned, Plaintiff, Cardinal Health 110, LLC, successor in interest to Kinray, LLC ("Kinray") was and is a limited liability company organized and existing under the laws of the State of Delaware, authorized to transact business in the State of New York, with its principal place of business located at 152-35 Tenth Avenue, Whitestone, New York 11357. 2. Upon information and belief, at all relevant times hereinafter mentioned, Defendant, HK Pharmacy Inc. (“HK Pharmacy”) was and is a corporation organized and existing under the laws of the State of New York, with a last known address for the transaction of business located at 41-46 Main Street, 1A, Flushing, New York 11355 (the “Premises”). 1 of 8 FILED: QUEENS COUNTY CLERK 07/12/2022 02:12 PM INDEX NO. 714430/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/12/2022 3. Upon information and belief, at all relevant times hereinafter mentioned, Defendant, Lin Cui (“Cui”) is an individual with residential address at 144-53 Roosevelt Avenue, Apartment 2A, Flushing, New York 11354. AS AND FOR A FIRST CAUSE OF ACTION 4. Plaintiff repeats and realleges the allegations contained in Paragraphs "1" through "3” of this Complaint with the same force and effect as if set forth fully at length herein. 5. At all relevant times, Kinray operates a licensed wholesale distributor of pharmaceutical, health and beauty aid products (collectively, the “Goods”). 6. Upon information and belief, at all relevant times, HK Pharmacy previously operated a licensed pharmacy. The pharmacy is no longer in operation. 7. At the specific request of HK Pharmacy, through on or about December 14, 2021, Kinray sold and delivered Goods to HK Pharmacy on credit. HK Pharmacy paid for a portion of the Goods sold and delivered, but did not pay for the Goods in full. 8. The agreed upon and reasonable value of the Goods sold and delivered by Kinray to HK Pharmacy, but not paid for by HK Pharmacy, inclusive of late charges through June 15, 2022, is $219,375.48. 9. Kinray has duly demanded payment from HK Pharmacy in the amount of $219,375.48; however, HK Pharmacy has failed to pay any part of said sum. 10. By reason of the foregoing, Kinray is entitled to judgment against HK Pharmacy in the amount of $219,375.48 plus late charges and interest from June 16, 2022, together with the costs and disbursements of this action, including reasonable attorneys' fees. 2 2 of 8 FILED: QUEENS COUNTY CLERK 07/12/2022 02:12 PM INDEX NO. 714430/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/12/2022 AS AND FOR A SECOND CAUSE OF ACTION 11. Plaintiff repeats and realleges the allegations contained in Paragraphs "1" through "10" of this Complaint with the same force and effect as if set forth fully at length herein. 12. In order to obtain credit from Kinray, on or about March 1, 2021, HK Pharmacy executed and delivered a credit application to Kinray (the “Credit Application”). 13. Under the terms of the Credit Application, HK Pharmacy agreed to remit all payments to Kinray for Goods sold and delivered in a timely manner. 14. Under the terms of the Credit Application, HK Pharmacy agreed to pay Kinray a monthly late payment charge of one and one-half percent (1.5%) per statement cycle on all delinquent balances. 15. Under the terms of the Credit Application, HK Pharmacy agreed to reimburse all costs and expenses incurred by Kinray, including attorneys’ fees, incurred in the event HK Pharmacy defaulted under the Credit Application. 16. By failing to remit payments in a timely manner, HK Pharmacy defaulted under the terms of the Credit Application. 17. Kinray has fully complied with all of the terms and conditions of the Credit Application. 18. By reason of the foregoing, Kinray is entitled to judgment against HK Pharmacy in the amount of $219,375.48 plus late charges and interest from June 16, 2022, together with the costs and disbursements of this action, including reasonable attorneys' fees. AS AND FOR A THIRD CAUSE OF ACTION 19. Plaintiff repeats and realleges the allegations contained in Paragraphs "1" through "18" of this Complaint with the same force and effect as if set forth fully at length herein. 3 3 of 8 FILED: QUEENS COUNTY CLERK 07/12/2022 02:12 PM INDEX NO. 714430/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/12/2022 20. As a direct and proximate result of the aforesaid, HK Pharmacy has been unjustly enriched. 21. By reason of the foregoing, Kinray is entitled to judgment against HK Pharmacy in the amount of $219,375.48 plus late charges and interest from June 16, 2022, together with the costs and disbursements of this action, including reasonable attorneys' fees. AS AND FOR A FOURTH CAUSE OF ACTION 22. Plaintiff repeats and realleges the allegations contained in Paragraphs "1" through "21" of this Complaint with the same force and effect as if set forth fully at length herein. 23. Kinray invoiced HK Pharmacy for the purchase of the Goods, which invoices were duly accepted and acknowledged by HK Pharmacy as true and accurate. 24. As a direct and proximate result of the aforesaid, there exists an account stated between Kinray and HK Pharmacy. 25. By reason of the foregoing, Kinray is entitled to judgment against HK Pharmacy in the amount of $219,375.48 plus late charges and interest from June 16, 2022, together with the costs and disbursements of this action, including reasonable attorneys' fees. AS AND FOR A FIFTH CAUSE OF ACTION 26. Plaintiff repeats and realleges the allegations contained in Paragraphs "1" through "25" of this Verified Complaint with the same force and effect as if set forth fully at length herein. 27. In connection with the Credit Application, HK Pharmacy executed and delivered a Security Agreement to Kinray (the “Security Agreement”). Under the terms of the Security Agreement, HK Pharmacy provided Kinray with a blanket lien on its assets, including but not 4 4 of 8 FILED: QUEENS COUNTY CLERK 07/12/2022 02:12 PM INDEX NO. 714430/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/12/2022 limited to, inventory, accounts receivable, prescription files, fixtures, furniture, bank accounts and the proceeds thereon (collectively, the "Collateral"). 28. On or about June 19, 2013, Kinray effectuated the filing of a UCC -1 Financing Statement with the Secretary of State of New York, thereby perfecting its blanket lien on the Collateral. 29. On or about June 18, 2018, Kinray effectuated the filing of a UCC -3 Continuation Amendment, thereby continuing its perfected lien on the Collateral. 30. A lien search has confirmed that Kinray holds the priority lien on the Collateral. 31. Despite not being required to provide HK Pharmacy with a notice of default, by letter dated March 25, 2022, HK Pharmacy was placed on notice of its default. 32. Despite due and repeated demands, HK Pharmacy has failed and/or refused to cure the default. 33. By reason of the foregoing, Kinray is entitled to judgment against HK Pharmacy in the amount of $219,375.48 plus late charges and interest from June 16, 2022; and an order of seizure requiring HK Pharmacy to deliver the Collateral to Kinray, and in the event the Collateral is not delivered to Kinray, the Sheriff may break open, enter and search the Premises and/or any place in which the Collateral may be found, and seize the Collateral sufficient to satisfy the indebtedness, together with the costs and disbursements of this action, including reasonable attorneys’ fees. AS AND FOR A SIXTH CAUSE OF ACTION 34. Plaintiff repeats and realleges the allegations contained in Paragraphs "1" through "33" of this Complaint with the same force and effect as if set forth fully at length herein. 5 5 of 8 FILED: QUEENS COUNTY CLERK 07/12/2022 02:12 PM INDEX NO. 714430/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/12/2022 35. For the purpose of securing any and all obligations due and owing from HK Pharmacy to Kinray, in connection with the Credit Application, Cui executed and delivered a personal guaranty to Kinray (the “Personal Guaranty”). 36. Pursuant to the Personal Guaranty, Cui agreed that in consideration of, and to induce Kinray to extend credit to HK Pharmacy, Cui would, absolutely and unconditionally, guarantee the prompt payment of all monies due and owing from HK Pharmacy to Kinray. 37. Pursuant to the Personal Guaranty, Cui agreed to reimburse all costs of collection, including reasonable attorneys’ fees, in the event of a default by HK Pharmacy. 38. Pursuant to the Personal Guaranty, Cui is liable for all sums due as a result of HK Pharmacy having defaulted under its payment obligations to Kinray, including costs and attorneys’ fees. 39. By reason of the foregoing, Kinray is entitled to judgment against Cui in the amount of $219,375.48 plus late charges and interest from June 16, 2022, together with the costs and disbursements of this action, including reasonable attorneys' fees. WHEREFORE, Kinray demands judgment against Defendants as follows: 1. On the First through Fourth Causes of Action against HK Pharmacy in the amount of $219,375.48 plus late charges and interest from June 16, 2022, together with the costs and disbursements of this action, including reasonable attorneys' fees; 2. On the Fifth Cause of Action against HK Pharmacy in the amount of $219,375.48 plus late charges and interest from June 16, 2022; and an order of seizure, directing HK Pharmacy to deliver possession of the Collateral to Kinray and in the event that the Collateral is not delivered to Kinray, the Sheriff may break open, enter and search the Premises and/or any place in which the Collateral may be found, and seize the Collateral sufficient to satisfy the indebtedness, together with the costs and disbursements of this action, including reasonable attorneys’ fees; 6 6 of 8 FILED: QUEENS COUNTY CLERK 07/12/2022 02:12 PM INDEX NO. 714430/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/12/2022 3. On the Sixth Cause of Action against Cui in the amount of $219,375.48 plus late charges and interest from June 16, 2022, together with the costs and disbursements of this action, including reasonable attorneys' fees; and 4. For such other and further relief as this Court may deem just and proper. Dated: White Plains, New York July 12, 2022 KURZMAN EISENBERG CORBIN & LEVER, LLP By:_______________________ Bruce W. Bieber, Esq. Attorneys for Plaintiff, Cardinal Health 110, LLC, successor in interest to Kinray, LLC One North Broadway, 12th Fl. White Plains, NY 10601 (212) 922-0816 bbieber@kelaw.com 7 7 of 8 FILED: QUEENS COUNTY CLERK 07/12/2022 02:12 PM INDEX NO. 714430/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/12/2022 ATTORNEY VERIFICATION Bruce W. Bieber, an attorney admitted to practice in the Courts of New York State, state that I am a member of the firm of Kurzman Eisenberg Corbin & Lever, LLP, attorneys of record for the Plaintiff in the within action; I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters, I believe them to be true. The reason this Verification is made by me and not by Plaintiff is that Plaintiff maintains its principal place of business in a county other than where I maintain my offices. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: conversations with Plaintiff and various books and records. I affirm that the foregoing statements are true under the penalties of perjury. Dated: White Plains, New York July 12, 2022 _________________ Bruce W. Bieber 8 8 of 8