Preview
FILED: ONONDAGA
FILED: ONONDAGA COUNTY
COUNTY CLERK
CLERK 11/29/2021
09/07/2018 09:39
04:01 AM
PM INDEX NO.
INDEX NO. 008588/2018
008588/2018
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 197
1 RECEIVED NYSCEF:
RECEIVED NYSCEF: 11/29/2021
09/07/2018
STATE OF NEW YORK
SUPRE_ME COURT COUNTY OF ONONDAGA .
BRIAN C. PRUSIK
5611 Business Avenue
Cicero, New York 13039
Plaintiff,
Plaintiff designates Onondaga
vs. County as the place of trial
LIBERTY MUTUAL INSURANCE GROUP INC. . SUMMONS
175 Berkley Street
Boston, Massachusetts 02116 Index No.:
and Basis of venue is Plaintiff's Place
of Residence
GEDDES FEDERAL SAVINGS AND LOAN
ASSOCIATION
Westvale Plaza, 2208 W. Genesee Street
Syracuse, New York 13219-1620
Defendants.
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
copy of your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of
Appearance, on Plaintiff's attorneys within twenty (20) days after the service of this Summons,
exclusive of the day of service, or within thirty (30) days after the service is complete if this
Summone is not delivered to you within the state of New York. In case of your failure to
personally
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FILED: ONONDAGA
FILED: ONONDAGA COUNTY
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INDEX NO. 008588/2018
008588/2018
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 197
1 RECEIVED NYSCEF:
RECEIVED NYSCEF: 11/29/2021
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appear or answer, judgmcñt will be taken against you by default for the relief demanded in the
Complaint.
DATED: September 7, 2018
Rochester, New York WOOD OVIATT GILMAN LLP
By:
Andr v . ty , Esq.
tep en . Bur e, Esq.
rney fà r laintiffs
700 Cr sr ad Building
2 State Street
Rochester, New York 14614
(585) 987-2800
arvan@woodsoviatt.com
stephenburke@woodsoviatt.com
2
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FILED: ONONDAGA
FILED: ONONDAGA COUNTY
COUNTY CLERK
CLERK 11/29/2021
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PM INDEX NO.
INDEX NO. 008588/2018
008588/2018
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 197
2 RECEIVED NYSCEF:
RECEIVED NYSCEF: 11/29/2021
09/07/2018
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
BRIAN C. PRUSIK
Plaintiff,
COMPLAINT
vs.
Index No.:
LIBERTY MUTUAL INSURANCE GROUP INC.,
GEDDES FEDERAL SAVINGS AND LOAN
ASSOCIATION,
Defendants.
Plaintiff, Brian C. Prusik as and for a Complaint against Defendants Liberty Mutual
Insurance Group, Inc. and Geddes Federal Savings and Loan Association, states as follows:
BACKGROUND
1. Plaintiff Brian C. Prusik is an individual and resident of Onondaga
("Plaintiff")
County, State of New York.
2. Liberty Mutual Insurance Group Inc. ("Liberty Mutual") is a foreign business
corporation, registered to do business in New York with its principal executive offices at 175
Berkley Street, Boston, Massachusetts 02116.
3. Geddes Federal Savings and Loan Association (the "Bank"), is a New York Federal
Savings and Loan Association with its principal place of business in Onondaga County, New York.
Policy"
4. Plaintiff purchased a "Liberty Guard Deluxe Homeowners (the "Policy")
insured" Prusik."
from Liberty Mutual, which listed the "named as "Brian C.
1."
5. The Policy lists the Bank as "Mortgagee
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FILED: ONONDAGA
FILED: ONONDAGA COUNTY
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008588/2018
NYSCEF DOC.
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NO. 197
2 RECEIVED NYSCEF:
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6. Purmant to the Policy, Mutual agreed to provide insurance for personal
Liberty
property loss as follows:
We insure for direct physical loss to the property described in
Coverage C caused by peril listed below, unless the loss is excluded
in SECTION 1-EXCLUSIONS.
...
9. Theft, including attempted theft and loss of property from a
known place when it is likely that the property has been stolen...
cost"
7. The Policy limit for "personal property with replacement provided by the
Policy is $368,780.
8. The Policy provides insurance coverage for the PlaintifPs home located at 121
Slosson Road, West Monroe, New York 13167-3125.
9. On or about July. 28, 2017, the Bank initiated foreclosure proceedings against the
property at 121 Slosson Road (the "Premises").
10. Upon information and belief, the Bank retained a property ñ ance company in
connection with the foreclosure proceedings against 121 Slosson Road.
11. Upon information and belief, the Bank directed the property maiñteñânce company
to enter the Premises and remove all personal belongings, fumiiure, finishings, and all other items
without Plaintiffs knowledge or consent.
12. Upon information and belief, Plaintiffs personal property was removed from the
Premises without Plaintiffs permission, at the request of the Bank. .
13. Upon information and belief, the Bank provided the property maiñteñañce company
with a key to the Premises, and thus the permission to enter the Premises.
14. When Plaintiff discovered that his personal property had been stolen, Plaintiff made
a claim to Liberty Mutual under the Policy for recovery or replacemêñt of the personal property.
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NYSCEF DOC.
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2 RECEIVED NYSCEF:
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15. By letter dated January 5, 2018, Liberty Mutual clicMaimed coverage that
stating
"your Policy does not afford coverage for personal property removed and thrown out by a vendor,
theft."
whether in error or not, as this is not covered peril and is not a
"vendor."
16. The Policy does not contain any exclusions based on theft by a
AS AND FOR A FIRST CAUSE OF ACTION
AGAINST LIBERTY MUTUAL
(Declaratory Judgment)
17. Plaintiff repeats and realleges each and every paragraph above as if fully set forth
herein.
18. Plaintiff purchased a policy of insurance with Liberty Mutual to provide insurance
coverage for loss at the Premises, including the loss described herein.
19. Plaintiff has demanded that Liberty Mutual provide insurance coverage for the loss
described herein.
20. Liberty Mutual coñtêñds that the loss described herein is not covered by the Policy
and is excluded from coverage on the grounds that the Policy does not provide coverage for
personal property removed and thrown out by a vendor.
21. Liberty Mutual has failed and refused to provide insurance coverage for the loss
described herein, despite due demand from Plaintiff.
22. A justiciable controversy exists between Plaintiff and Liberty Mutual.
23. Plaintiff prays for judgment declaring that the loss described herein is covered by the
Policy.
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FILED: ONONDAGA
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09/07/2018 09:39
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INDEX NO. 008588/2018
008588/2018
NYSCEF DOC.
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2 RECEIVED NYSCEF:
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AS AND FOR A SECOND CAUSE OF ACTION
AGAINST LIBERTY MUTUAL
(Breach of Contract)
24. Plaintiff repeats and realleges each and paragraph above as if set forth
every fullý
herein.
25. Plaintiff and Liberty Mutual entered into the Homeowner's Policy, effective March
24, 2017.
26. The Policy constituted a contract between Plaintiff and Liberty Mutual.
27. Under the policy, Liberty Mutual agreed to cover "theft, including attempted theft
stolen."
and loss of property from a known place, when it is likely that the property has been
28. Personal property was stolen from the covered premises on or about August 2017.
29. Plaintiff performed all of his obligations pursuant to the Policy, including payment
of premiums, notifying Liberty Mutual of the loss and making a proper claim for insurance
coverage due to the loss of personal property.
30. Liberty Mutual failed to perform its obligations pursuant to the Policy and declined
to provide reimbursement for the theft of the personal property.
31. As such, Mutual has breached the contract with Plaintiff violating the
Liberty by
Policy terms and Plaintiff has been dauldeed in an amount to be detehnined, but which is not less
than $300,000.
AS AND FOR A THIRD CAUSE OF ACTION
AGAINST THE BANK
(Conversion)
32. Plaintiff repeats and realleges each and every paragraph above as if fully set forth
herein.
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INDEX NO. 008588/2018
008588/2018
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 197
2 RECEIVED NYSCEF:
RECEIVED NYSCEF: 11/29/2021
09/07/2018
33. Upon information and belief, the Bank directed its agent to enter Plaintiffs premises,
for the purpose of removing Plaintiffs personal property.
34. Upon information and belief, at the Bank's direction, the agent improperly removed
Plaintiffs personal property from the Premises.
35. The whereabouts of the personal property are currently unknown to Plaintiff.
36. The Bank had no legal right to claim or possess any of the personal property located
at the Premises.
37. As such, Plaintiff has been damaged in an amount to be determined, but not less than
$300,000.
AS AND FOR A FOURTH CAUSE OF ACTION
AGAINST THE BANK
(Trespass)
38. Plaintiff repeats and realleges each and every paragraph above as if fully set forth
herem.
39. Upon information and belief, the Bank directed its agent to enter upon Plaintiffs
land without Plaintiffs authorization or kilowledge.
40. Upon information and belief, the Bank's agent did in fact enter upon Plaintiffs land,
including entry into the Premises, without Plaintiffs authorization.
41. Upon information and belief, during the Bank's agent's trespass, the Bank's agent
removed personal property from the Premises which belonged to Plaintiff and which neither the
Bank nor its agent had any legal right of possession.
42. As such, Plaintiff has been damaged in an amount to be determined, but not less than
$300,000.
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NYSCEF DOC.
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NO. 197
2 RECEIVED NYSCEF:
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AS AND FOR A FIFTH CAUSE OF ACTION
AGAINST THE BANK
(Violation of RPAPL §1308)
43. Plaintiff repeats and realleges each and every paragraph above as if fully set forth
herein.
44. Pursuant to New York State Real Property Actions and Proceedings Law, Section
1308(5), a bank is prohibited from removing the personal property of a homeowner absent certain
circumstances.
45. None of the circum:stañces under RPAPL §1308 that would permit the Bank to
remove personal property from the promiscs are present.
46. The Bank is liable to the Plaintiff for the loss of the personal property but in
addition, is liable pursuant to RPAPL §1308(8)(b) for a civil penalty in the ainoüñt of up to $500
per day for each day the violation persisted.
47. The Bank was notified of the violation in August 2017, but has failed and refused to
remedy the situation.
48. Accordingly, the Bank is liable to Plaintiff in an amount up to $500 per day since the
violation occurred.
WHEREFORE, Plaintiff demands judgment against Defendants as follows: .
a. On his First Cause of Action agaiñst Liberty Mutual Insurance, judgment
declaring that the less described herein is covered by the Policy;
b. On his Second Cause of Action against Liberty Mutual in an amount of not
less than $300,000;
c. On his Third Cause of Action against Geddes Federal Savings and Loan
Associatioñ, in an amomt not less than $300,000;
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FILED: ONONDAGA
FILED: ONONDAGA COUNTY
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09/07/2018 09:39
04:01 AM
PM INDEX NO.
INDEX NO. 008588/2018
008588/2018
NYSCEF DOC.
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d. On its Fourth Cause of Action against Geddes Federal Savings and Loan
Association, in an amount not less than $300,000;
e. . On its Fifth Cause of Action against Geddes Federal Savings and Loan
Assöeià tion, in the amount of $500 per day from August 2017, and
continuing;
f. For interest, costs, and attorney's fees incurred in the prosecution of this
matter; and
g. For such other and further relief as this Court deems just and proper.
DATED: September 7, 2018
Rochester, New York WOODS VIATT GILMAN LLP
By:
dre J. an, (sq.
S eph n . urke, Esq.
At ey f Platntiffs
700 Cros roads uilding
2 State Street
Rochester, New York 14614
(585) 987-2800
aryan@woodsoviatt.com
stenhenburke@_woodsoviatt.com
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Preview
FILED: ONONDAGA FILED: ONONDAGA COUNTY COUNTY CLERK CLERK 11/29/2021 09/07/2018 09:39 04:01 AM PM INDEX NO. INDEX NO. 008588/2018 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 197 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 11/29/2021 09/07/2018 STATE OF NEW YORK SUPRE_ME COURT COUNTY OF ONONDAGA . BRIAN C. PRUSIK 5611 Business Avenue Cicero, New York 13039 Plaintiff, Plaintiff designates Onondaga vs. County as the place of trial LIBERTY MUTUAL INSURANCE GROUP INC. . SUMMONS 175 Berkley Street Boston, Massachusetts 02116 Index No.: and Basis of venue is Plaintiff's Place of Residence GEDDES FEDERAL SAVINGS AND LOAN ASSOCIATION Westvale Plaza, 2208 W. Genesee Street Syracuse, New York 13219-1620 Defendants. TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of Appearance, on Plaintiff's attorneys within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after the service is complete if this Summone is not delivered to you within the state of New York. In case of your failure to personally {5872046: } 1 of 2 FILED: ONONDAGA FILED: ONONDAGA COUNTY COUNTY CLERK CLERK 11/29/2021 09/07/2018 09:39 04:01 AM PM INDEX NO. INDEX NO. 008588/2018 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 197 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 11/29/2021 09/07/2018 appear or answer, judgmcñt will be taken against you by default for the relief demanded in the Complaint. DATED: September 7, 2018 Rochester, New York WOOD OVIATT GILMAN LLP By: Andr v . ty , Esq. tep en . Bur e, Esq. rney fà r laintiffs 700 Cr sr ad Building 2 State Street Rochester, New York 14614 (585) 987-2800 arvan@woodsoviatt.com stephenburke@woodsoviatt.com 2 {5872046: } 2 of 2 FILED: ONONDAGA FILED: ONONDAGA COUNTY COUNTY CLERK CLERK 11/29/2021 09/07/2018 09:39 04:01 AM PM INDEX NO. INDEX NO. 008588/2018 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 197 2 RECEIVED NYSCEF: RECEIVED NYSCEF: 11/29/2021 09/07/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA BRIAN C. PRUSIK Plaintiff, COMPLAINT vs. Index No.: LIBERTY MUTUAL INSURANCE GROUP INC., GEDDES FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendants. Plaintiff, Brian C. Prusik as and for a Complaint against Defendants Liberty Mutual Insurance Group, Inc. and Geddes Federal Savings and Loan Association, states as follows: BACKGROUND 1. Plaintiff Brian C. Prusik is an individual and resident of Onondaga ("Plaintiff") County, State of New York. 2. Liberty Mutual Insurance Group Inc. ("Liberty Mutual") is a foreign business corporation, registered to do business in New York with its principal executive offices at 175 Berkley Street, Boston, Massachusetts 02116. 3. Geddes Federal Savings and Loan Association (the "Bank"), is a New York Federal Savings and Loan Association with its principal place of business in Onondaga County, New York. Policy" 4. Plaintiff purchased a "Liberty Guard Deluxe Homeowners (the "Policy") insured" Prusik." from Liberty Mutual, which listed the "named as "Brian C. 1." 5. The Policy lists the Bank as "Mortgagee {5872090: } 1 of 7 FILED: ONONDAGA FILED: ONONDAGA COUNTY COUNTY CLERK CLERK 11/29/2021 09/07/2018 09:39 04:01 AM PM INDEX NO. INDEX NO. 008588/2018 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 197 2 RECEIVED NYSCEF: RECEIVED NYSCEF: 11/29/2021 09/07/2018 6. Purmant to the Policy, Mutual agreed to provide insurance for personal Liberty property loss as follows: We insure for direct physical loss to the property described in Coverage C caused by peril listed below, unless the loss is excluded in SECTION 1-EXCLUSIONS. ... 9. Theft, including attempted theft and loss of property from a known place when it is likely that the property has been stolen... cost" 7. The Policy limit for "personal property with replacement provided by the Policy is $368,780. 8. The Policy provides insurance coverage for the PlaintifPs home located at 121 Slosson Road, West Monroe, New York 13167-3125. 9. On or about July. 28, 2017, the Bank initiated foreclosure proceedings against the property at 121 Slosson Road (the "Premises"). 10. Upon information and belief, the Bank retained a property ñ ance company in connection with the foreclosure proceedings against 121 Slosson Road. 11. Upon information and belief, the Bank directed the property maiñteñânce company to enter the Premises and remove all personal belongings, fumiiure, finishings, and all other items without Plaintiffs knowledge or consent. 12. Upon information and belief, Plaintiffs personal property was removed from the Premises without Plaintiffs permission, at the request of the Bank. . 13. Upon information and belief, the Bank provided the property maiñteñañce company with a key to the Premises, and thus the permission to enter the Premises. 14. When Plaintiff discovered that his personal property had been stolen, Plaintiff made a claim to Liberty Mutual under the Policy for recovery or replacemêñt of the personal property. {5872090: } 2 2 of 7 FILED: ONONDAGA FILED: ONONDAGA COUNTY COUNTY CLERK CLERK 11/29/2021 09/07/2018 09:39 04:01 AM PM INDEX NO. INDEX NO. 008588/2018 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 197 2 RECEIVED NYSCEF: RECEIVED NYSCEF: 11/29/2021 09/07/2018 15. By letter dated January 5, 2018, Liberty Mutual clicMaimed coverage that stating "your Policy does not afford coverage for personal property removed and thrown out by a vendor, theft." whether in error or not, as this is not covered peril and is not a "vendor." 16. The Policy does not contain any exclusions based on theft by a AS AND FOR A FIRST CAUSE OF ACTION AGAINST LIBERTY MUTUAL (Declaratory Judgment) 17. Plaintiff repeats and realleges each and every paragraph above as if fully set forth herein. 18. Plaintiff purchased a policy of insurance with Liberty Mutual to provide insurance coverage for loss at the Premises, including the loss described herein. 19. Plaintiff has demanded that Liberty Mutual provide insurance coverage for the loss described herein. 20. Liberty Mutual coñtêñds that the loss described herein is not covered by the Policy and is excluded from coverage on the grounds that the Policy does not provide coverage for personal property removed and thrown out by a vendor. 21. Liberty Mutual has failed and refused to provide insurance coverage for the loss described herein, despite due demand from Plaintiff. 22. A justiciable controversy exists between Plaintiff and Liberty Mutual. 23. Plaintiff prays for judgment declaring that the loss described herein is covered by the Policy. {5872090: } 3 3 of 7 FILED: ONONDAGA FILED: ONONDAGA COUNTY COUNTY CLERK CLERK 11/29/2021 09/07/2018 09:39 04:01 AM PM INDEX NO. INDEX NO. 008588/2018 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 197 2 RECEIVED NYSCEF: RECEIVED NYSCEF: 11/29/2021 09/07/2018 AS AND FOR A SECOND CAUSE OF ACTION AGAINST LIBERTY MUTUAL (Breach of Contract) 24. Plaintiff repeats and realleges each and paragraph above as if set forth every fullý herein. 25. Plaintiff and Liberty Mutual entered into the Homeowner's Policy, effective March 24, 2017. 26. The Policy constituted a contract between Plaintiff and Liberty Mutual. 27. Under the policy, Liberty Mutual agreed to cover "theft, including attempted theft stolen." and loss of property from a known place, when it is likely that the property has been 28. Personal property was stolen from the covered premises on or about August 2017. 29. Plaintiff performed all of his obligations pursuant to the Policy, including payment of premiums, notifying Liberty Mutual of the loss and making a proper claim for insurance coverage due to the loss of personal property. 30. Liberty Mutual failed to perform its obligations pursuant to the Policy and declined to provide reimbursement for the theft of the personal property. 31. As such, Mutual has breached the contract with Plaintiff violating the Liberty by Policy terms and Plaintiff has been dauldeed in an amount to be detehnined, but which is not less than $300,000. AS AND FOR A THIRD CAUSE OF ACTION AGAINST THE BANK (Conversion) 32. Plaintiff repeats and realleges each and every paragraph above as if fully set forth herein. {5872090: } 4 of 7 FILED: ONONDAGA FILED: ONONDAGA COUNTY COUNTY CLERK CLERK 11/29/2021 09/07/2018 09:39 04:01 AM PM INDEX NO. INDEX NO. 008588/2018 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 197 2 RECEIVED NYSCEF: RECEIVED NYSCEF: 11/29/2021 09/07/2018 33. Upon information and belief, the Bank directed its agent to enter Plaintiffs premises, for the purpose of removing Plaintiffs personal property. 34. Upon information and belief, at the Bank's direction, the agent improperly removed Plaintiffs personal property from the Premises. 35. The whereabouts of the personal property are currently unknown to Plaintiff. 36. The Bank had no legal right to claim or possess any of the personal property located at the Premises. 37. As such, Plaintiff has been damaged in an amount to be determined, but not less than $300,000. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST THE BANK (Trespass) 38. Plaintiff repeats and realleges each and every paragraph above as if fully set forth herem. 39. Upon information and belief, the Bank directed its agent to enter upon Plaintiffs land without Plaintiffs authorization or kilowledge. 40. Upon information and belief, the Bank's agent did in fact enter upon Plaintiffs land, including entry into the Premises, without Plaintiffs authorization. 41. Upon information and belief, during the Bank's agent's trespass, the Bank's agent removed personal property from the Premises which belonged to Plaintiff and which neither the Bank nor its agent had any legal right of possession. 42. As such, Plaintiff has been damaged in an amount to be determined, but not less than $300,000. 5 of 7 FILED: ONONDAGA FILED: ONONDAGA COUNTY COUNTY CLERK CLERK 11/29/2021 09/07/2018 09:39 04:01 AM PM INDEX NO. INDEX NO. 008588/2018 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 197 2 RECEIVED NYSCEF: RECEIVED NYSCEF: 11/29/2021 09/07/2018 AS AND FOR A FIFTH CAUSE OF ACTION AGAINST THE BANK (Violation of RPAPL §1308) 43. Plaintiff repeats and realleges each and every paragraph above as if fully set forth herein. 44. Pursuant to New York State Real Property Actions and Proceedings Law, Section 1308(5), a bank is prohibited from removing the personal property of a homeowner absent certain circumstances. 45. None of the circum:stañces under RPAPL §1308 that would permit the Bank to remove personal property from the promiscs are present. 46. The Bank is liable to the Plaintiff for the loss of the personal property but in addition, is liable pursuant to RPAPL §1308(8)(b) for a civil penalty in the ainoüñt of up to $500 per day for each day the violation persisted. 47. The Bank was notified of the violation in August 2017, but has failed and refused to remedy the situation. 48. Accordingly, the Bank is liable to Plaintiff in an amount up to $500 per day since the violation occurred. WHEREFORE, Plaintiff demands judgment against Defendants as follows: . a. On his First Cause of Action agaiñst Liberty Mutual Insurance, judgment declaring that the less described herein is covered by the Policy; b. On his Second Cause of Action against Liberty Mutual in an amount of not less than $300,000; c. On his Third Cause of Action against Geddes Federal Savings and Loan Associatioñ, in an amomt not less than $300,000; {5872090: } 6 of 7 FILED: ONONDAGA FILED: ONONDAGA COUNTY COUNTY CLERK CLERK 11/29/2021 09/07/2018 09:39 04:01 AM PM INDEX NO. INDEX NO. 008588/2018 008588/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 197 2 RECEIVED NYSCEF: RECEIVED NYSCEF: 11/29/2021 09/07/2018 d. On its Fourth Cause of Action against Geddes Federal Savings and Loan Association, in an amount not less than $300,000; e. . On its Fifth Cause of Action against Geddes Federal Savings and Loan Assöeià tion, in the amount of $500 per day from August 2017, and continuing; f. For interest, costs, and attorney's fees incurred in the prosecution of this matter; and g. For such other and further relief as this Court deems just and proper. DATED: September 7, 2018 Rochester, New York WOODS VIATT GILMAN LLP By: dre J. an, (sq. S eph n . urke, Esq. At ey f Platntiffs 700 Cros roads uilding 2 State Street Rochester, New York 14614 (585) 987-2800 aryan@woodsoviatt.com stenhenburke@_woodsoviatt.com {5872090: } 7 7 of 7