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FILED: NEW YORK COUNTY CLERK 01/10/2017 09:08 AM INDEX NO. 650156/2017
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/10/2017
SUPREME COURT
COUNTY OF NEW YORK STATE OF NEW YORK
AMERICAN EXPRESS TRAVEL RELATED Index No._____________
SERVICES COMPANY, INC.,
Plaintiff,
- vs. - SUMMONS
Plaintiff’s address:
FREELAND CONSTRUCTION COMPANY, INC. D/B/A 200 Vesey Street
FREELAND CONST D/B/A FREELANDCONSTRUCTION, New York, NY 10285
Defendant.
To: Freeland Construction Company, Inc.
C/O Kenneth B. Canty
Registered Agent
1629 Meeting Street Road
Charleston, SC 29405
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your Answer on the attorneys for plaintiff within 20 days after the service of the
Summons, exclusive of the days of service (or within 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 herein. The basis of venue is the governing agreement.
DATED: January 10, 2017
/s/ DANIEL MOKEN___________
DANIEL MOKEN, ESQ.
ZWICKER & ASSOCIATES, P.C.
1105 LAUREL OAK RD., STE 136
VOORHEES, NJ 08043
856-784-7077
Attorneys for the Plaintiff,
American Express Travel Related
Services Company, Inc.
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SUPREME COURT
COUNTY OF NEW YORK STATE OF NEW YORK
AMERICAN EXPRESS TRAVEL RELATED Index No.________________
SERVICES COMPANY, INC,
Plaintiff COMPLAINT
- vs. -
Plaintiff’s address:
200 Vesey Street
FREELAND CONSTRUCTION COMPANY, INC. D/B/A New York, NY 10285
FREELAND CONST D/B/A
FREELANDCONSTRUCTION,
Defendant.
PLAINTIFF, by and through its attorneys, Zwicker & Associates P.C., complaining of
Defendant, respectfully alleges upon information and belief.
FOR A FIRST CAUSE OF ACTION
1. Plaintiff is a New York Corporation with a principal place of business in New York,
New York.
2. Defendant is a South Carolina corporation registered with the South Carolina Secretary of
State.
3. Defendant entered into a commercial credit agreement (hereinafter, “Agreement”) with
Plaintiff on or about February 19, 2015.
4. Pursuant to the Agreement, a credit account was established and credit was extended to
Defendant and its employees with respect to the account.
5. Pursuant to the Agreement, Defendant became bound to pay Plaintiff the amounts of
such credit extension(s), plus additional amounts due under the Agreement.
6. Defendant breached the Agreement by failing to make payments in accordance with the
terms of the Agreement.
7. The following identifies the account that was established by Plaintiff pursuant to the
Agreement and the balance due:
2 of 3
Account ***1009 ($33,271.42)
8. Jurisdiction and venue are established pursuant to the Agreement which provides that
the Agreement shall be governed and construed in accordance with the laws of the State of New
York, and that the sole venue for any litigation shall be an appropriate federal or state court
located in the State of New York.
FOR AN ALTERNATIVE SECOND CAUSE OF ACTION
9. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 8.
10. Plaintiff duly stated an account to the Defendant in the above amount and the same was
retained without objection.
11. By reason thereof, an account was taken and stated between the parties hereto.
WHEREFORE the Plaintiff, AMERICAN EXPRESS TRAVEL RELATED SERVICES
COMPANY, INC., demands judgment against Defendant FREELAND CONSTRUCTION
COMPANY, INC. D/B/A FREELAND CONST D/B/A FREELANDCONSTRUCTION for the
sum of $33,271.42 the costs and disbursements of this action, and for such other and further
relief as the Court deems just and proper.
DATED: January 10, 2017
/s/ DANIEL MOKEN___________
DANIEL MOKEN, ESQ.
ZWICKER & ASSOCIATES, P.C.
1105 LAUREL OAK RD., STE 136
VOORHEES, NJ 08043
856-784-7077
Attorneys for the Plaintiff,
American Express Travel Related
Services Company, Inc.
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FILED: NEW YORK COUNTY CLERK 01/10/2017 09:08 AM INDEX NO. 650156/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/10/2017 SUPREME COURT COUNTY OF NEW YORK STATE OF NEW YORK AMERICAN EXPRESS TRAVEL RELATED Index No._____________ SERVICES COMPANY, INC., Plaintiff, - vs. - SUMMONS Plaintiff’s address: FREELAND CONSTRUCTION COMPANY, INC. D/B/A 200 Vesey Street FREELAND CONST D/B/A FREELANDCONSTRUCTION, New York, NY 10285 Defendant. To: Freeland Construction Company, Inc. C/O Kenneth B. Canty Registered Agent 1629 Meeting Street Road Charleston, SC 29405 YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer on the attorneys for plaintiff within 20 days after the service of the Summons, exclusive of the days of service (or within 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 herein. The basis of venue is the governing agreement. DATED: January 10, 2017 /s/ DANIEL MOKEN___________ DANIEL MOKEN, ESQ. ZWICKER & ASSOCIATES, P.C. 1105 LAUREL OAK RD., STE 136 VOORHEES, NJ 08043 856-784-7077 Attorneys for the Plaintiff, American Express Travel Related Services Company, Inc. 1 of 3 SUPREME COURT COUNTY OF NEW YORK STATE OF NEW YORK AMERICAN EXPRESS TRAVEL RELATED Index No.________________ SERVICES COMPANY, INC, Plaintiff COMPLAINT - vs. - Plaintiff’s address: 200 Vesey Street FREELAND CONSTRUCTION COMPANY, INC. D/B/A New York, NY 10285 FREELAND CONST D/B/A FREELANDCONSTRUCTION, Defendant. PLAINTIFF, by and through its attorneys, Zwicker & Associates P.C., complaining of Defendant, respectfully alleges upon information and belief. FOR A FIRST CAUSE OF ACTION 1. Plaintiff is a New York Corporation with a principal place of business in New York, New York. 2. Defendant is a South Carolina corporation registered with the South Carolina Secretary of State. 3. Defendant entered into a commercial credit agreement (hereinafter, “Agreement”) with Plaintiff on or about February 19, 2015. 4. Pursuant to the Agreement, a credit account was established and credit was extended to Defendant and its employees with respect to the account. 5. Pursuant to the Agreement, Defendant became bound to pay Plaintiff the amounts of such credit extension(s), plus additional amounts due under the Agreement. 6. Defendant breached the Agreement by failing to make payments in accordance with the terms of the Agreement. 7. The following identifies the account that was established by Plaintiff pursuant to the Agreement and the balance due: 2 of 3 Account ***1009 ($33,271.42) 8. Jurisdiction and venue are established pursuant to the Agreement which provides that the Agreement shall be governed and construed in accordance with the laws of the State of New York, and that the sole venue for any litigation shall be an appropriate federal or state court located in the State of New York. FOR AN ALTERNATIVE SECOND CAUSE OF ACTION 9. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 8. 10. Plaintiff duly stated an account to the Defendant in the above amount and the same was retained without objection. 11. By reason thereof, an account was taken and stated between the parties hereto. WHEREFORE the Plaintiff, AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., demands judgment against Defendant FREELAND CONSTRUCTION COMPANY, INC. D/B/A FREELAND CONST D/B/A FREELANDCONSTRUCTION for the sum of $33,271.42 the costs and disbursements of this action, and for such other and further relief as the Court deems just and proper. DATED: January 10, 2017 /s/ DANIEL MOKEN___________ DANIEL MOKEN, ESQ. ZWICKER & ASSOCIATES, P.C. 1105 LAUREL OAK RD., STE 136 VOORHEES, NJ 08043 856-784-7077 Attorneys for the Plaintiff, American Express Travel Related Services Company, Inc. 3 of 3