Preview
FILED: ONONDAGA COUNTY CLERK 07/24/2023 01:38 PM INDEX NO. 007672/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
KEYMAN, INC.,
Plaintiff,
vs. SUMMONS
GROMEDICO, LLC, Index No.:
BALDWINSVILLE FAMILY DENTAL, PLLC, and
JOHN DOES 1-10,
Defendants.
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer on the 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 summons is not personally delivered to you within the State of New York); and in case of
your failure to answer, judgment will be taken against you by default for the relief demanded in
the complaint.
Plaintiff designates Onondaga County as the place of trial. The basis of venue is CPLR §
507.
Dated: July 24, 2023
HARRIS BEACH PLLC
4/ foued R. 7&tdmw
James R. Muldoon, Esq.
Attorneys for Plaintiff
Keyman, Inc.
333 West Washington Street, Suite 200
Syracuse, NY 13202
Telephone: (315) 423-7100
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LAST KNOWN ADDRESS OF DEFENDANTS:
Gromedico, LLC
7555 Morgan Road
Liverpool, NY 13090
Baldwinsville Family Dental, PLLC
5 Lock Street
Baldwinsville, NY 13027
John Does 1- 10
5 Lock Street
Baldwinsville, NY 13027
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STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
KEYMAN, INC.,
Plaintiff, VERIFIED
COMPLAINT
vs.
Index No.:
GROMEDICO, LLC,
BALDWINSVILLE FAMILY DENTAL, PLLC, and
JOHN DOES 1-10,
Defendants.
Plaintiff, Keyman, Inc. ("Keyman"), by and through its attorneys, Harris Beach PLLC, as
and for its Complaint against Defendants, Gromedico, LLC ("Gromedico"), Baldwinsville Family
Dental"
Dental, PLLC ("Family Dental") and John Does 1-10 ("Gromedico", "Family and "John
1-10"
Does collectively referred to as the "Defendants"), states and alleges the following:
THE PARTIES
1. At all times relevant herein, Keyman, was and is a New York State corporation
organized and existing under the laws of the State ofNew York, with its principal place of business
at 6020 Sneller Road, Brewerton, NY 13029.
2. Upon information and belief, at all times relevant herein, Gromedico was and is a
limited liability company, organized and existing under the laws of the State of New York, with
its principal place of business at 7555 Morgan Road, Liverpool, NY 13090.
3. Upon information and belief, at all times relevant herein, Family Dental was and
is a professional limited liability company, organized and existing under the laws of the State of
New York, with its principal place of business at 5 Lock Street, Baldwinsville, NY 13027.
4. Upon information and belief, John Does 1-10 are fictitious names of lienors and
others that may have an interest in the Property (as defined below) and that may become parties to
this litigation once their true identities are known.
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JURISDICTION AND VENUE
5. This Court has jurisdiction over Defendants by virtue of their conduct of business
within the State ofNew York and the County of Onondaga.
6. Venue is proper in this Court based on the location of the real property in Onondaga
County that is the subject of the mechanic's lien foreclosure action portion of this lawsuit and
where the subject construction project is located.
RELEVANT FACTUAL BACKGROUND
7. Upon information and belief, Gromedico is the fee simple owner of the real
property situated in the Town of Lysander, County of Onondaga and State of New York with a
Tax Identification Number 009.-02-25.0 and commonly known as the 3-5-7 Lock Street,
Baldwinsville, NY 13027 (the "Property"), which is more specifically described in the property
description attached hereto as Exhibit "A".
8. On or about July 1, 2015, Family Dental entered into a contract with Keyman
whereby Keyman agreed to provide the construction and renovation services for the dental office
located at the Property. Additional contracts were entered into on November 30, 2016, June 1,
2017, April 1, 2019, May 1, 2019 and June 1, 2019. The contracts are collectively referred to
herein as the "Baldwinsville Contract". A true and correct copy of the Baldwinsville Contract is
attached hereto as Exhibit "B".
9. Pursuant to the Baldwinsville Contract, Keyman provided design, construction,
equipment, remodeling, renovation, maintenance, and services for the construction and related
work for the Baldwinsville Project.
10. Keyman duly performed its work and provided labor under the scope of the
Baldwinsville Contract.
11. Keyman's work was for permanent improvement of the Property with the
knowledge, consent and request of Gromedico and Family Dental.
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12. The amount due and owing to Keyman under the Baldwinsville Contract is
$112,063.61, plus interest thereon.
13. The amount set forth above is fair and reasonable value for the work and services
performed by Keyman on the Baldwinsville Project.
14. Family Dental refused to approve payment to Keyman under the Baldwinsville
Contract.
15. In breach of its obligations under the Baldwinsville Contract, Family Dental failed,
refused and/or neglected to pay Keyman the full amount due and owing for the work Keyman
completed on the Baldwinsville Project, leaving a balance due and owing of $112,063.61, plus
interest thereon.
16. Payment has been duly demanded under the Baldwinsville Contract, but Family
Dental has failed and refused to remit same.
FIRST CAUSE OF ACTION
(Foreclose Mechanic's Lien - Baldwinsville Project)
17. Keyman repeats and realleges each and every allegation as set forth above.
18. Keyman has fully and completely performed all of its obligations under the
Baldwinsville Contract.
19. Keyman's work under the Baldwinsville Contract was duly performed in
connection with and actually used for the permanent improvement of the Property and to benefit
the Property. The amount of the Baldwinsville Lien (as defined below) is for the work performed
to permanently improve the Property.
20, Family Dental breached the Baldwinsville Contract by failing to pay to Keyman all
amounts due and owing under the Baldwinsville Contract.
21. Gromedico, as owner of the Property, fully approved, accepted and retained the
benefit of Keyman's services, and had full knowledge of, and/or consented to, the provision of
said services.
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22. Keyman's first item of work was performed on or about July 1, 2015, and the last
item of work was performed on or about March 5, 2020.
23. On July 29, 2020, and pursuant to the Lien Law of the State of New York, Keyman
within eight months after the time when the last services were provided to Family Dental, caused
to be filed with the Onondaga County Clerk's Office, and the same duly entered and docketed
therein, a Notice of Lien Mechanic's Lien in proper form claiming a lien in the sum of $112,063.61
(the "Baldwinsville Lien"). A copy of the July 29, 2020, Baldwinsville Lien is attached hereto as
Exhibit "C".
24. At the time of the execution of the Baldwinsville Lien, the Baldwinsville Lien set
forth the fair and reasonable value for the work and services performed by Keyman on the
Baldwinsville Project.
25. The Baldwinsville Lien was duly served and proofs of service of said Baldwinsville
Lien was filed with the Onondaga County Clerk's Office. A copy of the proofs of service are
attached hereto as Exhibit "D".
26. The Baldwinsville Lien properly set forth: (1) the name of the owner of the real
property and the holder of the property interest against whose interest therein a lien was claimed;
(2) the nature of said interest; (3) the name of the party by whom the lienor was employed and to
whom the lienor furnished its services; (4) the labor provided (5) the agreed price and value of the
labor provided (6) a description of the property sufficient for identification; and (7) and all of
information required for due compliance with the Lien Law of the State of New York.
27. On or about August 28, 2020, the Plaintiff received a Demand Pursuant to N.Y.
Lien Law §38 (the "Demand"), from Gromedico, demanding a Verified Statement. A copy of the
Demand is attached hereto as Exhibit "E".
28. On or about September 1, 2020, the Plaintiff responded to the Demand and
delivered/mailed to Defendants an Itemized Statement of Lien Pursuant to Section 38 of the Lien
Law of the State of New York (the "Itemized Statement"). A copy of the Itemized Statement is
"F"
attached hereto as Exhibit and proofs of service are attached hereto as Exhibit "G".
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29. The Baldwinsville Lien was extended by the filing of Notice of Extension
Mechanic's Lien on July 27, 2021. A copy of the July 27, 2021, extension of the Baldwinsville
Lien is attached hereto as Exhibit "H".
30. The extension of the Baldwinsville Lien was duly served and proofs of service of
said extension of the Baldwinsville Lien was filed with the Onondaga County Clerk's Office. A
copy of the proofs of service are attached hereto as Exhibit "I".
31. The Baldwinsville Lien was further extended by Decision and Order of the
Honorable Justice Gerard J. Neri, J.S.C. granted September 29, 2022, and entered in the Onondaga
County Clerk's Office on September 29, 2022, and Notice of Entry was served upon all parties. A
copy of the Notice of Entry of Decision and Order granting the extension of the Baldwinsville Lien
"J"
is attached hereto as Exhibit and a copy of proof of service is attached hereto as Exhibit "K".
32. The Baldwinsville Lien has not been paid, and neither the Baldwinsville Lien, nor
Keymans's claims asserted therein have been waived in whole, or in part.
33. Upon information and belief, Keyman has no knowledge of any other subsequent
liens against the Property, except a mortgage given to M&T Bank dated June 17, 2016, in the sum
of $400,000.00, and recorded in the Onondaga County Clerk's Office on July 12, 2016, in Book
18052, at page 598.
34. By reason of the foregoing, and by the filing and docketing of the Baldwinsville
Lien and the affidavits of service of the Baldwinsville Lien, Keyman acquired a good, valid, and
subsisting lien on the Property.
35. No other proceeding at law or in equity has been brought to foreclose upon the
Baldwinsville Lien.
36. By reason of the foregoing, Keyman is entitled to: (1) a judgment foreclosing the
Baldwinsville Lien as against the Property, together with applicable interest, and the costs and
disbursements of this action; and (2) an Order adjudging and determining the equities of all the
parties to this action and determining the validity, extent and priority of the claims and liens that
have been and may be asserted herein.
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SECOND CAUSE OF ACTION
(Breach of Contract - Baldwinsville Contract)
37. Keyman repeats and realleges each and every allegation as set forth above.
38. Keyman duly performed its work under the scope of the Baldwinsyille Contract.
39. The amount due and owing to Keyman under the Baldwinsville Contact is
$112,063.61, plus applicable interest thereon.
40. Family Dental refused to approve payment to Keyman under the Baldwinsville
Contract.
41. Family Dental breached the Baldwinsville Contract in the following ways, among
others: by failing to pay Keyman all amounts due and owing under the Baldwinsville Contract and
refusing to approve payment to Keyman.
42. In breach of its obligations under the Baldwinsville Contract, Family Dental failed,
refused and/or neglected to pay Keyman the full amount due and owing for the work Keyman
completed on the Baldwinsville Project, leaving a balance due and owing of $112,063.61, plus
interest thereon.
43. By reason of the foregoing, Keyman is entitled to a judgment against Family Dental
in an amount to be determined at trial not less than $112,063.61, together with applicable interest,
and the costs and disbursements of this action.
THIRD CAUSE OF ACTION
(Quantum Meruit- Baldwinsville Project)
44. Keyman repeats and realleges each and every allegation as set forth above.
45. Keyman provided the labor with the express understanding and expectation that it
would be compensated for the same.
46. The labor provided by Keyman has a fair and reasonable value estimated to be not
less than $112,063.61.
47. Family Dental was aware of and accepted the labor without objection.
48. Family Dental reaped substantial benefit from the labor provided by Keyman.
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49. Keyman reasonably notified Family Dental, and Family Dental was aware, that
Keyman expected payment in return for its labor. Family Dental knew and/or should have known
that payment was reasonably expected for all of the labor provided by Keyman.
50. Family Dental failed to remit payment when demanded of the amount currently
fully due and owing for the fair and reasonable unpaid labor provided, estimated to be not less than
$112,063.61.
51. As a result of the foregoing, as an alternative to the theories of recovery plead
herein, principles of equity and good conscience mandate that Family Dental pay Keyman the fair
and reasonable value of the labor provided which have not yet been paid, estimated to be not less
than $112,063.61.
52. By reason of the foregoing, Keyman is entitled to a judgment against Family Dental
in an amount to be determined at trial not less than $112,063.61, together with applicable interest,
and the costs and disbursements of this action.
FOURTH CAUSE OF ACTION
(Unjust Enrichment - Baldwinsville Project)
53. Keyman repeats and realleges each and every allegation as set forth above.
54. Family Dental benefitted from Keyman's provision of labor for the Baldwinsville
Project, yet has refused to pay Keyman for the labor in the amount of $112,063.61.
55. As an alternative to the theories of recovery plead herein, principles of equity and
good conscience mandate that Keyman is entitled to recover from Family Dental the reasonable
value of the labor which remain unpaid, estimated to be worth not less than $112,063.61.
56. By reason of the foregoing, Keyman is entitled to ajudgment against Family Dental
in an amount to be determined at trial not less than $112,063.61, together with applicable interest,
and the costs and disbursements of this action.
FIFTH CAUSE OF ACTION
(Prompt Payment Act)
57. Keyman repeats and realleges each and every allegation as set forth above.
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58. Family Dental's failure to timely pay or otherwise properly respond to Keyman's
applications for payment as required by the Baldwinsville Contract constitutes a violation of the
New York State Prompt Payment Act.
59. By reason of the foregoing, Keyman is entitled to a judgment against Family Dental
for all statutory interest and/or any other penalties under the Prompt Payment Act.
WHEREFORE, Keyman respectfully demands judgment against Defendants as follows:
A. On the First Cause of Action, judgment that Keyman has a good, valid and
subsisting lien of $112,063.61, together with costs and disbursements and interest
thereon, against the Property; adjudging that the Baldwinsville Lien has priority
over any other claim of the Defendants against the Property and that Defendants be
forever foreclosed of all equity of redemption or other right, claim or interest in and
to the Property; that the Property be sold as provided by and that from the proceed
thereof Keyman be paid the amount that will satisfy Keyman's lien, together with
costs and disbursements and interest thereon; that Keyman have judgment for any
deficiency that may remain after such payment is made against Family Dental ; and
that, in the case it be determined that Keyman does not have a valid and subsisting
lien or that the amounts due and owing to Keyman exceed the value of the lien, that
Keyman may have a personal judgment against Family Dental for up to the sum of
$112,063.61, plus costs and disbursements and interest thereon and/or a judgment
for the amount due and owing to Keyman in excess of the value of the lien, plus
interest thereon and the costs and disb
Preview
FILED: ONONDAGA COUNTY CLERK 07/24/2023 01:38 PM INDEX NO. 007672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA KEYMAN, INC., Plaintiff, vs. SUMMONS GROMEDICO, LLC, Index No.: BALDWINSVILLE FAMILY DENTAL, PLLC, and JOHN DOES 1-10, Defendants. TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the 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 summons is not personally delivered to you within the State of New York); and in case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. Plaintiff designates Onondaga County as the place of trial. The basis of venue is CPLR § 507. Dated: July 24, 2023 HARRIS BEACH PLLC 4/ foued R. 7&tdmw James R. Muldoon, Esq. Attorneys for Plaintiff Keyman, Inc. 333 West Washington Street, Suite 200 Syracuse, NY 13202 Telephone: (315) 423-7100 1 of 12 FILED: ONONDAGA COUNTY CLERK 07/24/2023 01:38 PM INDEX NO. 007672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2023 LAST KNOWN ADDRESS OF DEFENDANTS: Gromedico, LLC 7555 Morgan Road Liverpool, NY 13090 Baldwinsville Family Dental, PLLC 5 Lock Street Baldwinsville, NY 13027 John Does 1- 10 5 Lock Street Baldwinsville, NY 13027 2 2 of 12 FILED: ONONDAGA COUNTY CLERK 07/24/2023 01:38 PM INDEX NO. 007672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA KEYMAN, INC., Plaintiff, VERIFIED COMPLAINT vs. Index No.: GROMEDICO, LLC, BALDWINSVILLE FAMILY DENTAL, PLLC, and JOHN DOES 1-10, Defendants. Plaintiff, Keyman, Inc. ("Keyman"), by and through its attorneys, Harris Beach PLLC, as and for its Complaint against Defendants, Gromedico, LLC ("Gromedico"), Baldwinsville Family Dental" Dental, PLLC ("Family Dental") and John Does 1-10 ("Gromedico", "Family and "John 1-10" Does collectively referred to as the "Defendants"), states and alleges the following: THE PARTIES 1. At all times relevant herein, Keyman, was and is a New York State corporation organized and existing under the laws of the State ofNew York, with its principal place of business at 6020 Sneller Road, Brewerton, NY 13029. 2. Upon information and belief, at all times relevant herein, Gromedico was and is a limited liability company, organized and existing under the laws of the State of New York, with its principal place of business at 7555 Morgan Road, Liverpool, NY 13090. 3. Upon information and belief, at all times relevant herein, Family Dental was and is a professional limited liability company, organized and existing under the laws of the State of New York, with its principal place of business at 5 Lock Street, Baldwinsville, NY 13027. 4. Upon information and belief, John Does 1-10 are fictitious names of lienors and others that may have an interest in the Property (as defined below) and that may become parties to this litigation once their true identities are known. 3 of 12 FILED: ONONDAGA COUNTY CLERK 07/24/2023 01:38 PM INDEX NO. 007672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2023 JURISDICTION AND VENUE 5. This Court has jurisdiction over Defendants by virtue of their conduct of business within the State ofNew York and the County of Onondaga. 6. Venue is proper in this Court based on the location of the real property in Onondaga County that is the subject of the mechanic's lien foreclosure action portion of this lawsuit and where the subject construction project is located. RELEVANT FACTUAL BACKGROUND 7. Upon information and belief, Gromedico is the fee simple owner of the real property situated in the Town of Lysander, County of Onondaga and State of New York with a Tax Identification Number 009.-02-25.0 and commonly known as the 3-5-7 Lock Street, Baldwinsville, NY 13027 (the "Property"), which is more specifically described in the property description attached hereto as Exhibit "A". 8. On or about July 1, 2015, Family Dental entered into a contract with Keyman whereby Keyman agreed to provide the construction and renovation services for the dental office located at the Property. Additional contracts were entered into on November 30, 2016, June 1, 2017, April 1, 2019, May 1, 2019 and June 1, 2019. The contracts are collectively referred to herein as the "Baldwinsville Contract". A true and correct copy of the Baldwinsville Contract is attached hereto as Exhibit "B". 9. Pursuant to the Baldwinsville Contract, Keyman provided design, construction, equipment, remodeling, renovation, maintenance, and services for the construction and related work for the Baldwinsville Project. 10. Keyman duly performed its work and provided labor under the scope of the Baldwinsville Contract. 11. Keyman's work was for permanent improvement of the Property with the knowledge, consent and request of Gromedico and Family Dental. 2 4 of 12 FILED: ONONDAGA COUNTY CLERK 07/24/2023 01:38 PM INDEX NO. 007672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2023 12. The amount due and owing to Keyman under the Baldwinsville Contract is $112,063.61, plus interest thereon. 13. The amount set forth above is fair and reasonable value for the work and services performed by Keyman on the Baldwinsville Project. 14. Family Dental refused to approve payment to Keyman under the Baldwinsville Contract. 15. In breach of its obligations under the Baldwinsville Contract, Family Dental failed, refused and/or neglected to pay Keyman the full amount due and owing for the work Keyman completed on the Baldwinsville Project, leaving a balance due and owing of $112,063.61, plus interest thereon. 16. Payment has been duly demanded under the Baldwinsville Contract, but Family Dental has failed and refused to remit same. FIRST CAUSE OF ACTION (Foreclose Mechanic's Lien - Baldwinsville Project) 17. Keyman repeats and realleges each and every allegation as set forth above. 18. Keyman has fully and completely performed all of its obligations under the Baldwinsville Contract. 19. Keyman's work under the Baldwinsville Contract was duly performed in connection with and actually used for the permanent improvement of the Property and to benefit the Property. The amount of the Baldwinsville Lien (as defined below) is for the work performed to permanently improve the Property. 20, Family Dental breached the Baldwinsville Contract by failing to pay to Keyman all amounts due and owing under the Baldwinsville Contract. 21. Gromedico, as owner of the Property, fully approved, accepted and retained the benefit of Keyman's services, and had full knowledge of, and/or consented to, the provision of said services. 3 5 of 12 FILED: ONONDAGA COUNTY CLERK 07/24/2023 01:38 PM INDEX NO. 007672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2023 22. Keyman's first item of work was performed on or about July 1, 2015, and the last item of work was performed on or about March 5, 2020. 23. On July 29, 2020, and pursuant to the Lien Law of the State of New York, Keyman within eight months after the time when the last services were provided to Family Dental, caused to be filed with the Onondaga County Clerk's Office, and the same duly entered and docketed therein, a Notice of Lien Mechanic's Lien in proper form claiming a lien in the sum of $112,063.61 (the "Baldwinsville Lien"). A copy of the July 29, 2020, Baldwinsville Lien is attached hereto as Exhibit "C". 24. At the time of the execution of the Baldwinsville Lien, the Baldwinsville Lien set forth the fair and reasonable value for the work and services performed by Keyman on the Baldwinsville Project. 25. The Baldwinsville Lien was duly served and proofs of service of said Baldwinsville Lien was filed with the Onondaga County Clerk's Office. A copy of the proofs of service are attached hereto as Exhibit "D". 26. The Baldwinsville Lien properly set forth: (1) the name of the owner of the real property and the holder of the property interest against whose interest therein a lien was claimed; (2) the nature of said interest; (3) the name of the party by whom the lienor was employed and to whom the lienor furnished its services; (4) the labor provided (5) the agreed price and value of the labor provided (6) a description of the property sufficient for identification; and (7) and all of information required for due compliance with the Lien Law of the State of New York. 27. On or about August 28, 2020, the Plaintiff received a Demand Pursuant to N.Y. Lien Law §38 (the "Demand"), from Gromedico, demanding a Verified Statement. A copy of the Demand is attached hereto as Exhibit "E". 28. On or about September 1, 2020, the Plaintiff responded to the Demand and delivered/mailed to Defendants an Itemized Statement of Lien Pursuant to Section 38 of the Lien Law of the State of New York (the "Itemized Statement"). A copy of the Itemized Statement is "F" attached hereto as Exhibit and proofs of service are attached hereto as Exhibit "G". 4 6 of 12 FILED: ONONDAGA COUNTY CLERK 07/24/2023 01:38 PM INDEX NO. 007672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2023 29. The Baldwinsville Lien was extended by the filing of Notice of Extension Mechanic's Lien on July 27, 2021. A copy of the July 27, 2021, extension of the Baldwinsville Lien is attached hereto as Exhibit "H". 30. The extension of the Baldwinsville Lien was duly served and proofs of service of said extension of the Baldwinsville Lien was filed with the Onondaga County Clerk's Office. A copy of the proofs of service are attached hereto as Exhibit "I". 31. The Baldwinsville Lien was further extended by Decision and Order of the Honorable Justice Gerard J. Neri, J.S.C. granted September 29, 2022, and entered in the Onondaga County Clerk's Office on September 29, 2022, and Notice of Entry was served upon all parties. A copy of the Notice of Entry of Decision and Order granting the extension of the Baldwinsville Lien "J" is attached hereto as Exhibit and a copy of proof of service is attached hereto as Exhibit "K". 32. The Baldwinsville Lien has not been paid, and neither the Baldwinsville Lien, nor Keymans's claims asserted therein have been waived in whole, or in part. 33. Upon information and belief, Keyman has no knowledge of any other subsequent liens against the Property, except a mortgage given to M&T Bank dated June 17, 2016, in the sum of $400,000.00, and recorded in the Onondaga County Clerk's Office on July 12, 2016, in Book 18052, at page 598. 34. By reason of the foregoing, and by the filing and docketing of the Baldwinsville Lien and the affidavits of service of the Baldwinsville Lien, Keyman acquired a good, valid, and subsisting lien on the Property. 35. No other proceeding at law or in equity has been brought to foreclose upon the Baldwinsville Lien. 36. By reason of the foregoing, Keyman is entitled to: (1) a judgment foreclosing the Baldwinsville Lien as against the Property, together with applicable interest, and the costs and disbursements of this action; and (2) an Order adjudging and determining the equities of all the parties to this action and determining the validity, extent and priority of the claims and liens that have been and may be asserted herein. 5 7 of 12 FILED: ONONDAGA COUNTY CLERK 07/24/2023 01:38 PM INDEX NO. 007672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2023 SECOND CAUSE OF ACTION (Breach of Contract - Baldwinsville Contract) 37. Keyman repeats and realleges each and every allegation as set forth above. 38. Keyman duly performed its work under the scope of the Baldwinsyille Contract. 39. The amount due and owing to Keyman under the Baldwinsville Contact is $112,063.61, plus applicable interest thereon. 40. Family Dental refused to approve payment to Keyman under the Baldwinsville Contract. 41. Family Dental breached the Baldwinsville Contract in the following ways, among others: by failing to pay Keyman all amounts due and owing under the Baldwinsville Contract and refusing to approve payment to Keyman. 42. In breach of its obligations under the Baldwinsville Contract, Family Dental failed, refused and/or neglected to pay Keyman the full amount due and owing for the work Keyman completed on the Baldwinsville Project, leaving a balance due and owing of $112,063.61, plus interest thereon. 43. By reason of the foregoing, Keyman is entitled to a judgment against Family Dental in an amount to be determined at trial not less than $112,063.61, together with applicable interest, and the costs and disbursements of this action. THIRD CAUSE OF ACTION (Quantum Meruit- Baldwinsville Project) 44. Keyman repeats and realleges each and every allegation as set forth above. 45. Keyman provided the labor with the express understanding and expectation that it would be compensated for the same. 46. The labor provided by Keyman has a fair and reasonable value estimated to be not less than $112,063.61. 47. Family Dental was aware of and accepted the labor without objection. 48. Family Dental reaped substantial benefit from the labor provided by Keyman. 6 8 of 12 FILED: ONONDAGA COUNTY CLERK 07/24/2023 01:38 PM INDEX NO. 007672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2023 49. Keyman reasonably notified Family Dental, and Family Dental was aware, that Keyman expected payment in return for its labor. Family Dental knew and/or should have known that payment was reasonably expected for all of the labor provided by Keyman. 50. Family Dental failed to remit payment when demanded of the amount currently fully due and owing for the fair and reasonable unpaid labor provided, estimated to be not less than $112,063.61. 51. As a result of the foregoing, as an alternative to the theories of recovery plead herein, principles of equity and good conscience mandate that Family Dental pay Keyman the fair and reasonable value of the labor provided which have not yet been paid, estimated to be not less than $112,063.61. 52. By reason of the foregoing, Keyman is entitled to a judgment against Family Dental in an amount to be determined at trial not less than $112,063.61, together with applicable interest, and the costs and disbursements of this action. FOURTH CAUSE OF ACTION (Unjust Enrichment - Baldwinsville Project) 53. Keyman repeats and realleges each and every allegation as set forth above. 54. Family Dental benefitted from Keyman's provision of labor for the Baldwinsville Project, yet has refused to pay Keyman for the labor in the amount of $112,063.61. 55. As an alternative to the theories of recovery plead herein, principles of equity and good conscience mandate that Keyman is entitled to recover from Family Dental the reasonable value of the labor which remain unpaid, estimated to be worth not less than $112,063.61. 56. By reason of the foregoing, Keyman is entitled to ajudgment against Family Dental in an amount to be determined at trial not less than $112,063.61, together with applicable interest, and the costs and disbursements of this action. FIFTH CAUSE OF ACTION (Prompt Payment Act) 57. Keyman repeats and realleges each and every allegation as set forth above. 7 9 of 12 FILED: ONONDAGA COUNTY CLERK 07/24/2023 01:38 PM INDEX NO. 007672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2023 58. Family Dental's failure to timely pay or otherwise properly respond to Keyman's applications for payment as required by the Baldwinsville Contract constitutes a violation of the New York State Prompt Payment Act. 59. By reason of the foregoing, Keyman is entitled to a judgment against Family Dental for all statutory interest and/or any other penalties under the Prompt Payment Act. WHEREFORE, Keyman respectfully demands judgment against Defendants as follows: A. On the First Cause of Action, judgment that Keyman has a good, valid and subsisting lien of $112,063.61, together with costs and disbursements and interest thereon, against the Property; adjudging that the Baldwinsville Lien has priority over any other claim of the Defendants against the Property and that Defendants be forever foreclosed of all equity of redemption or other right, claim or interest in and to the Property; that the Property be sold as provided by and that from the proceed thereof Keyman be paid the amount that will satisfy Keyman's lien, together with costs and disbursements and interest thereon; that Keyman have judgment for any deficiency that may remain after such payment is made against Family Dental ; and that, in the case it be determined that Keyman does not have a valid and subsisting lien or that the amounts due and owing to Keyman exceed the value of the lien, that Keyman may have a personal judgment against Family Dental for up to the sum of $112,063.61, plus costs and disbursements and interest thereon and/or a judgment for the amount due and owing to Keyman in excess of the value of the lien, plus interest thereon and the costs and disb