Preview
(FILED: WESTCHESTER COUNTY CLERK 1272372016 10:25 AM INDEX NO. 69500/2016
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
a re ee re ree er eee ern re ser wh niece Index No.:
WYKAGL COUNTRY CLUB, INC.,
Date Purchased:
SUMMONS
Plaintiff,
Plaintiff designates
-against- Westchester County
as place of trial
MATTHEW DORAN, Basis of venue:
Execution of Promissory
Note
Defendant.
Defendant’s Address:
835 18" Avenue NE
St. Petersburg, Florida 33704
TO THE ABOVE-NAMED DEFENDANTS:
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 the plaintiff's attorney(s) 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
summons is not personally delivered to you within the State of New York); and 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: December 22, 2016
Woodbury, New York
Mary D. Mijone, Esq.
SELIP & STYLIANOU, LLP
Attorneys for Plaintiff
199 Crossways Park Drive
Woodbury, New York 11797
(516) 364-6006
lof5
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
Seteeene nec eanan neennnnnnanmeanonccnaci
esa sa=seaees =aneqncaseasennsueaae Index No.:
WYKAGL COUNTRY CLUB, INC.,
Date Purchased:
Plaintiff,
-against- COMPLAINT
MATTHEW DORAN,
Defendant.
SSS ae nes ee enna nena one en aanne naa = na nnene ames e nen seenen—a——n
The Plaintiff, Wkagyl Country Club, Inc., by its attorneys, Selip & Stylianou, LLP, alleges
as and for its Complaint against the Defendant, as follows:
THE PARTIES
1 Plaintiff, Wykagl Country Club, Inc. (hereinafter the “Plaintiff’) is a domestic
corporation with a principal place of business in the State of New York.
2 Upon information and belief, Defendant Matthew Doran (hereinafter the
“Defendant”) is an individual residing in the State of Florida.
THE FACTS
Plaintiff operates a country club located in Westchester, New York.
4 In or about June, 2013, Defendant applied to become a member with the Plaintiff.
5 Upon approval of the Defendant’s membership application, Defendant executed a
promissory note on or about June 6, 2013 in the amount of $40,000.00 (hereinafter the “Note,” a
copy of which is attached hereto as Exhibit “A”).
6 Plaintiff was and still is the holder of the Note.
7 Pursuant to the terms of the Note, and in particular paragraph two (2), Defendant
agreed to pay four (4) consecutive yearly installments in the amount of $10,000.00 each
(hereinafter the “Installment Payments”).
2 0f 5
8 Pursuant to the terms of the Note, and in particular paragraph six (6), Defendant
agreed to pay all costs, expenses and expenditures, including Plaintiffs attorney’s fees and court
costs, incurred by Plaintiff in enforcing the Note due to a default by the Defendant.
9 After making one (1) Installment Payment, Defendant failed to pay the remaining
Installment Payments as agreed pursuant to the terms of the Note and, as a result, there is
presently due and owing the sum of $30,000.00 under the Note.
10. Pursuant to the terms of the Wkagyl Yearbook and By-Laws applicable to
Defendant’s membership with Plaintiff (hereinafter collectively the “By-Laws”), a copy of which
is attached hereto as Exhibit “B” (exclusive of golf calendar and member roster), and in
particular Article VIII, Defendant agreed to pay the following charges to Plaintiff in connection
with his membership: fees, dues, assessments and capital expenditures (hereinafter the “Facility
Fees”).
1. Pursuant to the terms of the By-Laws, and in particular Article VIII, Section 1(C),
Defendant agreed to pay a late charge of one-and-one-half cents ($.015) for each one dollar due
and owing under the Note or the By-Laws that remained unpaid by the Defendant.
12. Between in or about December, 2013 and January, 2015, Defendant incurred a
total of $6,307.82 in unpaid Facility Fees.
13. Despite due demand for reimbursement of the Facility Fees, Defendant has failed
to reimburse Plaintiff for the $6,307.82 Facility Fees as required by the terms of the By-Laws.
14. There is a total due and owing by Defendant to Plaintiff of $36,307.82, exclusive
late fees, no part of which has been paid, despite due demand therefore.
3 0f 5
AS AND FOR A FIRST CAUSE OF ACTION
15. Plaintiff repeats, reiterates and realleges each and every allegation set forth in
Paragraphs “1” through “14” hereof with the same force and effect as if fully set forth herein.
16. As a result of the Defendant’s breach of the Note, and after crediting Defendant
for all payments and credits, there now remains to be due and owing by Defendant to Plaintiff the
sum of $30,450.00, representing the $30,000 in unpaid Installment Payments plus $450 in late
fees, no part of which has been paid despite due demand therefor.
AS AND FOR A SECOND CAUSE OF ACTION
17. Plaintiff repeats, reiterates and realleges each and every allegation set forth in
paragraphs “1” through “14” hereof with the same force and effect as if fully set forth herein.
18. As a result of the Defendant’s breach of the terms of the By-Laws, and after
crediting Defendant for all payments and credits, there now remains to be due and owing by
Defendant to Plaintiff the sum of $6,402.44, representing the $6,307.82 in unpaid Facility Fees
plus $94.62 in late fees, no part of which has been paid, despite due demand therefor.
AS AND FOR A THIRD CAUSE OF ACTION
19. Plaintiff repeats, reiterates and realleges each and every allegation set forth in
paragraphs “1” through “14” hereof with the same force and effect as if fully set forth herein.
20. Plaintiff extended membership privileges to the Defendant in consideration of the
Note and the Defendant’s agreement to pay the Facility Fees as provided for in the By-Laws.
21. Defendant breached the terms of the Note and the By-Laws by failing to make
payments as agreed.
22; Defendant has been unjustly enriched at the Plaintiff's expense.
4o0f 5
23% Based upon the foregoing, the Plaintiff has been damaged in the sum of
$36,852.44.
AS AND FOR A FOURTH CAUSE OF ACTION
24. Plaintiff repeats, reiterates and realleges each and every allegation set forth in
paragraphs “1” through “14” hereof with the same force and effect as if fully set forth herein.
25. In accordance with the terms of the Note, Defendant agreed to pay Plaintiff
attorney’s fees and costs incurred in enforcement of the Note.
26. Based upon the foregoing, the Plaintiff seeks reimbursement for the reasonable
attorney’s fees and expenses it incurred in connection with its efforts to collect the sums due and
owing by Defendant, in an amount to be determined by this Court.
WHEREFORE, the Plaintiff demands judgment as follows:
a. On the first cause of action in the amount of $30,000.00 together with late fees in
the amount of $450, for a total due of $30,450.00;
On the second cause of action in the amount of $6,307.82, together with late fees
in the amount of $94.62, for a total due of $6,402.44;
Cc On the third cause of action in the amount of $36,852.44;
d On the fourth cause of action, for reasonable attorney’s fees and expenses in an
amount to be determined at trial; and
€. For such other and further relief as this Court may deem just and proper, together
with the costs and disbursements of this action.
Dated: December 22, 2016
Woodbury, New York
Mary D. Miloye, Esq
Selip & Styli jou, LLP
Attorneys for Plaintiff
199 Crossways Park Drive
Woodbury, New York 11797
(516) 364-6006
5 of 5
Preview
(FILED: WESTCHESTER COUNTY CLERK 1272372016 10:25 AM INDEX NO. 69500/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER a re ee re ree er eee ern re ser wh niece Index No.: WYKAGL COUNTRY CLUB, INC., Date Purchased: SUMMONS Plaintiff, Plaintiff designates -against- Westchester County as place of trial MATTHEW DORAN, Basis of venue: Execution of Promissory Note Defendant. Defendant’s Address: 835 18" Avenue NE St. Petersburg, Florida 33704 TO THE ABOVE-NAMED DEFENDANTS: 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 the plaintiff's attorney(s) 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 summons is not personally delivered to you within the State of New York); and 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: December 22, 2016 Woodbury, New York Mary D. Mijone, Esq. SELIP & STYLIANOU, LLP Attorneys for Plaintiff 199 Crossways Park Drive Woodbury, New York 11797 (516) 364-6006 lof5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER Seteeene nec eanan neennnnnnanmeanonccnaci esa sa=seaees =aneqncaseasennsueaae Index No.: WYKAGL COUNTRY CLUB, INC., Date Purchased: Plaintiff, -against- COMPLAINT MATTHEW DORAN, Defendant. SSS ae nes ee enna nena one en aanne naa = na nnene ames e nen seenen—a——n The Plaintiff, Wkagyl Country Club, Inc., by its attorneys, Selip & Stylianou, LLP, alleges as and for its Complaint against the Defendant, as follows: THE PARTIES 1 Plaintiff, Wykagl Country Club, Inc. (hereinafter the “Plaintiff’) is a domestic corporation with a principal place of business in the State of New York. 2 Upon information and belief, Defendant Matthew Doran (hereinafter the “Defendant”) is an individual residing in the State of Florida. THE FACTS Plaintiff operates a country club located in Westchester, New York. 4 In or about June, 2013, Defendant applied to become a member with the Plaintiff. 5 Upon approval of the Defendant’s membership application, Defendant executed a promissory note on or about June 6, 2013 in the amount of $40,000.00 (hereinafter the “Note,” a copy of which is attached hereto as Exhibit “A”). 6 Plaintiff was and still is the holder of the Note. 7 Pursuant to the terms of the Note, and in particular paragraph two (2), Defendant agreed to pay four (4) consecutive yearly installments in the amount of $10,000.00 each (hereinafter the “Installment Payments”). 2 0f 5 8 Pursuant to the terms of the Note, and in particular paragraph six (6), Defendant agreed to pay all costs, expenses and expenditures, including Plaintiffs attorney’s fees and court costs, incurred by Plaintiff in enforcing the Note due to a default by the Defendant. 9 After making one (1) Installment Payment, Defendant failed to pay the remaining Installment Payments as agreed pursuant to the terms of the Note and, as a result, there is presently due and owing the sum of $30,000.00 under the Note. 10. Pursuant to the terms of the Wkagyl Yearbook and By-Laws applicable to Defendant’s membership with Plaintiff (hereinafter collectively the “By-Laws”), a copy of which is attached hereto as Exhibit “B” (exclusive of golf calendar and member roster), and in particular Article VIII, Defendant agreed to pay the following charges to Plaintiff in connection with his membership: fees, dues, assessments and capital expenditures (hereinafter the “Facility Fees”). 1. Pursuant to the terms of the By-Laws, and in particular Article VIII, Section 1(C), Defendant agreed to pay a late charge of one-and-one-half cents ($.015) for each one dollar due and owing under the Note or the By-Laws that remained unpaid by the Defendant. 12. Between in or about December, 2013 and January, 2015, Defendant incurred a total of $6,307.82 in unpaid Facility Fees. 13. Despite due demand for reimbursement of the Facility Fees, Defendant has failed to reimburse Plaintiff for the $6,307.82 Facility Fees as required by the terms of the By-Laws. 14. There is a total due and owing by Defendant to Plaintiff of $36,307.82, exclusive late fees, no part of which has been paid, despite due demand therefore. 3 0f 5 AS AND FOR A FIRST CAUSE OF ACTION 15. Plaintiff repeats, reiterates and realleges each and every allegation set forth in Paragraphs “1” through “14” hereof with the same force and effect as if fully set forth herein. 16. As a result of the Defendant’s breach of the Note, and after crediting Defendant for all payments and credits, there now remains to be due and owing by Defendant to Plaintiff the sum of $30,450.00, representing the $30,000 in unpaid Installment Payments plus $450 in late fees, no part of which has been paid despite due demand therefor. AS AND FOR A SECOND CAUSE OF ACTION 17. Plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs “1” through “14” hereof with the same force and effect as if fully set forth herein. 18. As a result of the Defendant’s breach of the terms of the By-Laws, and after crediting Defendant for all payments and credits, there now remains to be due and owing by Defendant to Plaintiff the sum of $6,402.44, representing the $6,307.82 in unpaid Facility Fees plus $94.62 in late fees, no part of which has been paid, despite due demand therefor. AS AND FOR A THIRD CAUSE OF ACTION 19. Plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs “1” through “14” hereof with the same force and effect as if fully set forth herein. 20. Plaintiff extended membership privileges to the Defendant in consideration of the Note and the Defendant’s agreement to pay the Facility Fees as provided for in the By-Laws. 21. Defendant breached the terms of the Note and the By-Laws by failing to make payments as agreed. 22; Defendant has been unjustly enriched at the Plaintiff's expense. 4o0f 5 23% Based upon the foregoing, the Plaintiff has been damaged in the sum of $36,852.44. AS AND FOR A FOURTH CAUSE OF ACTION 24. Plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs “1” through “14” hereof with the same force and effect as if fully set forth herein. 25. In accordance with the terms of the Note, Defendant agreed to pay Plaintiff attorney’s fees and costs incurred in enforcement of the Note. 26. Based upon the foregoing, the Plaintiff seeks reimbursement for the reasonable attorney’s fees and expenses it incurred in connection with its efforts to collect the sums due and owing by Defendant, in an amount to be determined by this Court. WHEREFORE, the Plaintiff demands judgment as follows: a. On the first cause of action in the amount of $30,000.00 together with late fees in the amount of $450, for a total due of $30,450.00; On the second cause of action in the amount of $6,307.82, together with late fees in the amount of $94.62, for a total due of $6,402.44; Cc On the third cause of action in the amount of $36,852.44; d On the fourth cause of action, for reasonable attorney’s fees and expenses in an amount to be determined at trial; and €. For such other and further relief as this Court may deem just and proper, together with the costs and disbursements of this action. Dated: December 22, 2016 Woodbury, New York Mary D. Miloye, Esq Selip & Styli jou, LLP Attorneys for Plaintiff 199 Crossways Park Drive Woodbury, New York 11797 (516) 364-6006 5 of 5