Preview
FILED: NASSAU COUNTY CLERK 09/05/2023 05:42 PM INDEX NO. 614350/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
Index No.
ROBERT GINGOLD, Date Filed:
Plaintiff, Plaintiff designates Nassau
County as the Place of Trial.
-against-
H.R.E MOTOR CARS INC. and SHIRLEY S U M M O N S
ANDREWS,
The basis of venue is the
Defendants. principal place of business
and/or residence of the
Defendants
To the above named Defendant:
YOU ARE HEREBY SUMMONED, to appear and to answer the Verified Complaint in
this action and to serve a copy of your answer on Plaintiff's attorney within twenty (20) days of
the service of this Summons, exclusive of the day of service (or within thirty (30) days after
service is complete if this Summons is not personally delivered to you within the State of New
York), and in the event you fail to appear or to answer, judgment will be taken against you by
default for the relief demanded in the Complaint.
Dated: September 5, 2023
Great Neck, New York
The Law Firm of Elias C. Schwartz, PLLC
By: Kevin T. MacTiernan, Esq.
Attorneys for Plaintiff
Robert Gingold
343 Great Neck Road
Great Neck, New York 11021
(516) 487-0175
Defendants'
Addresses:
H.R.E. Motor Cars Inc.
300-A Buffalo Avenue
Freeport, New York 11520
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Shirley Andrews
1804 Hannington Avenue
Wantagh, New York 11793
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
ROBERT GINGOLD,
Index No.
Plaintiff,
Verified Complaint
-against-
H.R.E MOTOR CARS INC. and SHIRLEY
ANDREWS,
Defendants.
Plaintiff, Robert Gingold, by his attorneys, The Law Firm of Elias C. Schwartz, PLLC,
as and for his Complaint against the Defendant alleges as follows:
The Parties
1. At all times hereinafter mentioned Plaintiff Robert Gingold ("Gingol#') was and still is
an individual residing at 20379 West Country Club Drive, #1733, Aventura, Florida
33180.
2. Upon information and belief, at all times hereinafter mentioned, Defendant H.R.E. Motor
Cars, Inc. ("Motor Cars") is a domestic business corporation organized under the laws of
the State of New York with its principal executive office located at 300-A Buffalo
Avenue, Freeport, County of Nassau, State of New York.
3. Upon information and belief, at all times hereinafter mentioned, Defendant Shirley
Andrews ("Andrews") is an individual residing at 1804 Hannington Avenue. Wantagh,
County of Nassau, State of New York.
Allegations Common to All Causes of Action
4. Plaintiff Gingold is the owner of a 1966 Shelby Cobra CSX 3133 ("Cobra").
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5. Upon information and belief, Defendant Motor Cars is in the business of automotive
repairs and vehicle storage.
6. Upon information and belief, Defendant Andrews is the principal of Defendant Motor
Cars.
7. Upon information and belief, Defendant Andrews intermingled funds due to Defendant
Motor Cars with her own, exercised total domination and control over Defendant Motor
Cars and failed to adhere to any corporate formalities.
8. In or around 2008, Plaintiff Gingold brought his Cobra to Defendant Motor Cars for a
comprehensive restoration project.
9. The restoration project was completed in or around the summer of 2012.
10. Thereafter, Plaintiff engaged Defendant Motor Cars to store the Cobra at Defendant
Cars'
Motor facility.
Cars'
11. In or around October 2012, Defendant Motor facility was flooded due to Hurricane
Sandy which caused significant damage to the Cobra.
12. Defendant Motor Cars agreed to restore the Cobra to the concours condition it was in
prior to the flood damage it sustained from Hurricane Sandy.
Cars'
13. Plaintiff Gingold retrieved the Cobra from Defendant Motor in or around January
2013.
14. Upon information and belief, Defendant Motor Cars only made superficial repairs to the
exterior of the tube chassis of the Cobra and failed to remediate the other effects of salt-
water intrusion to other components.
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15. Upon information and belief, the failure to mitigate the salt-water intrusion and corrosion
on the interior of the tube framing caused the Cobra to be structurally unsound in addition
to other damage that was not addressed.
16. In or around January 2013, Plaintiff Gingold brought the Cobra to a Ferrari dealership
where it was displayed as a classic vehicle.
17. In or around October 2021, Plaintiff Gingold went to retrieve the Cobra from the Ferrari
dealership as said Ferrari dealership was closing and could no longer display the Cobra.
18. At that time, Plaintiff Gingold noticed that the Cobra was sagging as the tube chassis had
collapsed.
19. Additionally, the frame had crush damage where a jack stand was being used to support
the Cobra due to the poor structural integrity of the reconstructed tube chassis.
20. Upon information and belief, the tube chassis was collapsing and structurally unsound
due to the failure to properly mitigate the salt-water intrusion and corrosion on the
interior of the tube framing that was sustained from flooding during Hurricane Sandy.
21. As a result, the Cobra was structurally unsound.
22. In or around October 2021, upon discovery of the structural damage to the tube chassis,
Plaintiff Gingold engaged Defendants Motor Cars and Andrews to repair and restore the
Cobra to the concours condition it was in prior to sustaining flood damage during
Hurricane Sandy.
23. Plaintiff Gingold paid a total of $22,000.00 for the restoration and repair of the Cobra.
Some payments were made to Defendant Motor Cars, but Defendant Andrews instructed
Plaintiff Gingold to make some of the payments directly to her.
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24. In or around May 2023, Plaintiff Gingold went to Defendant Motor Cars to check on the
progress of the restoration and repairs when he noticed that the frame still looked
unstable and both doors would not close.
25. Having concerns about the quality of the restoration performed by Defendants Motor
Cars and Andrews, in or around May 2023, Plaintiff Gingold hired a restoration specialist
to inspect the Cobra.
26. The restoration specialist observed numerous instances of poor workmanship in the
restoration of the Cobra which would require significant work and repairs to remediate.
Andrews'
27. Defendants Motor Cars and poor workmanship in attempting to repair and
restore the Cobra includes, but is not limited to, a poorly executed frame repair process
causing tears in the aluminum body as well as extensive damage to various other
components, an extreme misalignment of the frame which prevented both doors from
closing properly, and additional damage due to substandard refinishing repairs for this
previously repurposed show car.
28. As a result of the aforesaid poor workmanship and negligent repairs, the Cobra suffered
significant property damage and the value of the Cobra has been severely diminished.
Andrews'
29. Further, as a result of Defendants Motor Cars and poor workmanship, the
Cobra shall require significant remedial work and repairs to restore the Cobra, including,
but not limited to, disassembly, refinishing and replacement of various damaged
components. The restoration specialist estimated the cost of repairs and restoration would
exceed Three Hundred Thousand dollars ($300,000.00).
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As and For a First Cause of Action
(Breach of Contract)
"1"
30. Plaintiff repeats and realleges each and every allegation as set forth in paragraphs
"29"
through of the Complaint with the same force and effect as if more fully set forth
herein at length.
31. In or around October 2021, Plaintiff Gingold engaged Defendants Motor Cars and
Andrews to repair and restore the Cobra to its previous concours condition.
32. Defendants Motor Cars and Andrews agreed to repair and restore the Cobra in
accordance with industry standards and perform the repairs in a good and workmanlike
manner.
33. The work performed by Defendants Motor Cars and Andrews was substandard and failed
to adhere to the prevailing industry standards, as they did not restore the Cobra to the
previous concours show quality that it was finished to prior to the frame repairs.
34. The defects in the workmanship of Defendants Motor Cars and Andrews includes, but is
not limited to, a poorly executed frame repair process causing extensive damage to
various other components and an extreme misalignment of the frame which prevented the
doors from closing properly, as well as additional damage related to the substandard
refinishing repairs.
35. Plaintiff Gingold performed his obligations under the agreement, as he paid Defendants
Motor Cars and Andrews for the restoration and repair of the Cobra.
Andrews'
36. Defendants Motor Cars and conduct, as set forth herein, is a breach of their
contractual obligations.
Andrews'
37. As a result of Defendants Motor Cars and breach of their contractual
obligations owned to Plaintiff, Plaintiff Gingold has been damaged in an amount not less
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than $300,000.00, plus costs and expenses, the exact amount to be determined at the time
of Trial.
As and For a Second Cause of Action
(Property Damage)
"1"
38. Plaintiff repeats and realleges each and every allegation as set forth in paragraphs
"37"
through of the Complaint with the same force and effect as if more fully set forth
herein at length.
39. In or around October 2021, Plaintiff Gingold engaged Defendant Motor Cars to repair
and restore the Cobra.
40. 15 NYCRR § 82.13 imposes a duty on motor vehicle repair shops to perform quality
repairs, which are defined as those repairs necessary to bring a motor vehicle to its
premalfunction or predamaged condition.
41. In or around May 2023, Plaintiff Gingold hired a restoration specialist to inspect the
Cobra.
42. The restoration specialist observed poor workmanship in the restoration of the Cobra by
Defendants Motor Cars and Andrews requiring significant repairs to correct.
Andrews'
43. Defendants Motor Cars and poor workmanship in repairing and restoring the
Cobra includes, but is not limited to, a poorly executed frame repair process causing
extensive damage to numerous other components and an extreme misalignment of the
frame, as well as additional damage related to the poor refinishing process.
Andrews'
44. Defendants Motor Cars and restoration failed to bring the Cobra to its
premalfunction or pre-damaged condition.
45. As a result of the aforesaid conduct of Defendants Motor Cars and Andrews, Plaintiff
Gingold's Cobra suffered significant property damage.
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46. As a result of Defendants Motor Car and Andrew's breach of their statutory duty to
provide quality repairs, Plaintiff Gingold has been damaged in an amount not less than
$300,000.00, plus costs and expenses, the exact amount to be determined at the time of
Trial.
As and For a Third Cause o f Action
(Un just Enrichment)
"1"
47. Plaintiff repeats and realleges each and every allegation as set forth in paragraphs
"46"
through of the Complaint with the same force and effect as if more fully set forth
herein at length.
48. In or around October 2021, Plaintiff Gingold engaged Defendants Motor Cars and
Andrews to repair and restore the Cobra.
49. Plaintiff Gingold paid Defendants Motor Cars and Andrews a total of $22,000.00 for the
restoration and repair of the Cobra.
50. At all times, Defendants Motor Cars and Andrews knew and understood that Plaintiff
Gingold expected the Cobra to be restored to the concours condition it was in prior to the
damage it sustained from flooding during Hurricane Sandy in exchange for the sums
Plaintiff Gingold paid to Defendants Motor Cars and Andrews.
51. It would be unjust and inequitable for Defendants Motor Cars and Andrews to retain the
$22,000.00 paid by Plaintiff Gingold for repairs and restoration without properly
performing the expected repairs and restoration of the Cobra.
52. By reason of the foregoing, Defendants Motor Cars and Andrews have been unjustly
enriched at Plaintiff Gingold's expense.
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53. By reason of the foregoing, Plaintiff Gingold has been damaged in an amount not less
than $22,000.00, plus costs and expenses, the exact amount to be determined at the time
of Trial.
As and For a Fourth Cause of Action
(Diminished Value)
"1"
54. Plaintiff repeats and realleges each and every allegation as set forth in paragraphs
"53"
through of the Complaint with the same force and effect as if more fully set forth
herein at length.
55. Plaintiff Gingold's Cobra is a classic and rare motor vehicle which has inherent
collector's value.
56. As a result of the facts sets forth herein, the value of the Plaintiff Gingold's Cobra has
been greatly diminished.
57. As a result of the diminished value of Plaintiff Gingold's Cobra due to improper and
negligent repairs by Defendants Motorcars and Andrews, Plaintiff Gingold has been
damaged in an amount not less than $300,000.00, plus costs and expenses, the exact
amount to be determined at the time of Trial.
WHEREFORE, Plaintiff Robert Gingold respectfully requests judgment against the
Defendant as follows:
a. On the First Cause of Action, against Defendants H.R.E Motor Cars Inc. and
Shirley Andrews, jointly and severally for Breach of Contract in an amount not
less than $300,000.00, plus costs and expenses, the exact amount to be determined
at the time of Trial.
b. On the Second Cause of Action, against Defendants H.R.E Motor Cars Inc. and
Shirley Andrews, jointly and severally, for Property Damage in an amount not
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less than $300,000.00, plus costs and expenses, the exact amount to be determined
at the time of Trial.
c. On the Third Cause of Action, against Defendants H.R.E Motor Cars Inc. and
Shirley Andrews, jointly and severally, for Unjust Enrichment in an amount not
less than $22,000.00, plus costs and expenses, the exact amount to be determined
at the time of Trial.
d. On the Fourth Cause of Action, against Defendants H.R.E Motor Cars Inc. and
Shirley Andrews, jointly and severally, for Diminished Value in an amount not
less than $300,000.00, plus costs and expenses, the exact amount to be determined
at the time of Trial.
e. For such other and further relief as this Court may deem just and proper, together
with interest, costs and disbursements of this action.
Dated: September 5, 2023
Great Neck, New York
Yours, etc.
The Law Firm of Elias C. Schwartz, PLLC
By: Kevin T. MacTiernan, Esq.
Attorneys for Plaintiff
Robert Gingold
343 Great Neck Road
Great Neck, New York 11021
(516) 487-0175
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X
Index No.
ROBERT GINGOLD,
VERIFICATION
Plaintiff,
-against-
H.R.E MOTOR CARS, INC. and SHIRLEY
ANDREWS,
Defendants.
X
State of New York }
.ss:
County of Nassau }
Robert Gingold, being sworn, says: I am the Plaintiff in the above captioned matter. I
have read the annexed Verified Complaint and know the contents thereof; and the same is true to
my own knowledge.
By: Robert Gingold
Sworn to before me on this
____ day of September 2023
Nicholas A. Tantone
YORK
Preview
FILED: NASSAU COUNTY CLERK 09/05/2023 05:42 PM INDEX NO. 614350/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Index No. ROBERT GINGOLD, Date Filed: Plaintiff, Plaintiff designates Nassau County as the Place of Trial. -against- H.R.E MOTOR CARS INC. and SHIRLEY S U M M O N S ANDREWS, The basis of venue is the Defendants. principal place of business and/or residence of the Defendants To the above named Defendant: YOU ARE HEREBY SUMMONED, to appear and to answer the Verified Complaint in this action and to serve a copy of your answer on Plaintiff's attorney within twenty (20) days of the service of this Summons, exclusive of the day of service (or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York), and in the event you fail to appear or to answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: September 5, 2023 Great Neck, New York The Law Firm of Elias C. Schwartz, PLLC By: Kevin T. MacTiernan, Esq. Attorneys for Plaintiff Robert Gingold 343 Great Neck Road Great Neck, New York 11021 (516) 487-0175 Defendants' Addresses: H.R.E. Motor Cars Inc. 300-A Buffalo Avenue Freeport, New York 11520 1 of 12 FILED: NASSAU COUNTY CLERK 09/05/2023 05:42 PM INDEX NO. 614350/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 Shirley Andrews 1804 Hannington Avenue Wantagh, New York 11793 2 of 12 FILED: NASSAU COUNTY CLERK 09/05/2023 05:42 PM INDEX NO. 614350/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ROBERT GINGOLD, Index No. Plaintiff, Verified Complaint -against- H.R.E MOTOR CARS INC. and SHIRLEY ANDREWS, Defendants. Plaintiff, Robert Gingold, by his attorneys, The Law Firm of Elias C. Schwartz, PLLC, as and for his Complaint against the Defendant alleges as follows: The Parties 1. At all times hereinafter mentioned Plaintiff Robert Gingold ("Gingol#') was and still is an individual residing at 20379 West Country Club Drive, #1733, Aventura, Florida 33180. 2. Upon information and belief, at all times hereinafter mentioned, Defendant H.R.E. Motor Cars, Inc. ("Motor Cars") is a domestic business corporation organized under the laws of the State of New York with its principal executive office located at 300-A Buffalo Avenue, Freeport, County of Nassau, State of New York. 3. Upon information and belief, at all times hereinafter mentioned, Defendant Shirley Andrews ("Andrews") is an individual residing at 1804 Hannington Avenue. Wantagh, County of Nassau, State of New York. Allegations Common to All Causes of Action 4. Plaintiff Gingold is the owner of a 1966 Shelby Cobra CSX 3133 ("Cobra"). 3 of 12 FILED: NASSAU COUNTY CLERK 09/05/2023 05:42 PM INDEX NO. 614350/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 5. Upon information and belief, Defendant Motor Cars is in the business of automotive repairs and vehicle storage. 6. Upon information and belief, Defendant Andrews is the principal of Defendant Motor Cars. 7. Upon information and belief, Defendant Andrews intermingled funds due to Defendant Motor Cars with her own, exercised total domination and control over Defendant Motor Cars and failed to adhere to any corporate formalities. 8. In or around 2008, Plaintiff Gingold brought his Cobra to Defendant Motor Cars for a comprehensive restoration project. 9. The restoration project was completed in or around the summer of 2012. 10. Thereafter, Plaintiff engaged Defendant Motor Cars to store the Cobra at Defendant Cars' Motor facility. Cars' 11. In or around October 2012, Defendant Motor facility was flooded due to Hurricane Sandy which caused significant damage to the Cobra. 12. Defendant Motor Cars agreed to restore the Cobra to the concours condition it was in prior to the flood damage it sustained from Hurricane Sandy. Cars' 13. Plaintiff Gingold retrieved the Cobra from Defendant Motor in or around January 2013. 14. Upon information and belief, Defendant Motor Cars only made superficial repairs to the exterior of the tube chassis of the Cobra and failed to remediate the other effects of salt- water intrusion to other components. 4 of 12 FILED: NASSAU COUNTY CLERK 09/05/2023 05:42 PM INDEX NO. 614350/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 15. Upon information and belief, the failure to mitigate the salt-water intrusion and corrosion on the interior of the tube framing caused the Cobra to be structurally unsound in addition to other damage that was not addressed. 16. In or around January 2013, Plaintiff Gingold brought the Cobra to a Ferrari dealership where it was displayed as a classic vehicle. 17. In or around October 2021, Plaintiff Gingold went to retrieve the Cobra from the Ferrari dealership as said Ferrari dealership was closing and could no longer display the Cobra. 18. At that time, Plaintiff Gingold noticed that the Cobra was sagging as the tube chassis had collapsed. 19. Additionally, the frame had crush damage where a jack stand was being used to support the Cobra due to the poor structural integrity of the reconstructed tube chassis. 20. Upon information and belief, the tube chassis was collapsing and structurally unsound due to the failure to properly mitigate the salt-water intrusion and corrosion on the interior of the tube framing that was sustained from flooding during Hurricane Sandy. 21. As a result, the Cobra was structurally unsound. 22. In or around October 2021, upon discovery of the structural damage to the tube chassis, Plaintiff Gingold engaged Defendants Motor Cars and Andrews to repair and restore the Cobra to the concours condition it was in prior to sustaining flood damage during Hurricane Sandy. 23. Plaintiff Gingold paid a total of $22,000.00 for the restoration and repair of the Cobra. Some payments were made to Defendant Motor Cars, but Defendant Andrews instructed Plaintiff Gingold to make some of the payments directly to her. 5 of 12 FILED: NASSAU COUNTY CLERK 09/05/2023 05:42 PM INDEX NO. 614350/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 24. In or around May 2023, Plaintiff Gingold went to Defendant Motor Cars to check on the progress of the restoration and repairs when he noticed that the frame still looked unstable and both doors would not close. 25. Having concerns about the quality of the restoration performed by Defendants Motor Cars and Andrews, in or around May 2023, Plaintiff Gingold hired a restoration specialist to inspect the Cobra. 26. The restoration specialist observed numerous instances of poor workmanship in the restoration of the Cobra which would require significant work and repairs to remediate. Andrews' 27. Defendants Motor Cars and poor workmanship in attempting to repair and restore the Cobra includes, but is not limited to, a poorly executed frame repair process causing tears in the aluminum body as well as extensive damage to various other components, an extreme misalignment of the frame which prevented both doors from closing properly, and additional damage due to substandard refinishing repairs for this previously repurposed show car. 28. As a result of the aforesaid poor workmanship and negligent repairs, the Cobra suffered significant property damage and the value of the Cobra has been severely diminished. Andrews' 29. Further, as a result of Defendants Motor Cars and poor workmanship, the Cobra shall require significant remedial work and repairs to restore the Cobra, including, but not limited to, disassembly, refinishing and replacement of various damaged components. The restoration specialist estimated the cost of repairs and restoration would exceed Three Hundred Thousand dollars ($300,000.00). 6 of 12 FILED: NASSAU COUNTY CLERK 09/05/2023 05:42 PM INDEX NO. 614350/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 As and For a First Cause of Action (Breach of Contract) "1" 30. Plaintiff repeats and realleges each and every allegation as set forth in paragraphs "29" through of the Complaint with the same force and effect as if more fully set forth herein at length. 31. In or around October 2021, Plaintiff Gingold engaged Defendants Motor Cars and Andrews to repair and restore the Cobra to its previous concours condition. 32. Defendants Motor Cars and Andrews agreed to repair and restore the Cobra in accordance with industry standards and perform the repairs in a good and workmanlike manner. 33. The work performed by Defendants Motor Cars and Andrews was substandard and failed to adhere to the prevailing industry standards, as they did not restore the Cobra to the previous concours show quality that it was finished to prior to the frame repairs. 34. The defects in the workmanship of Defendants Motor Cars and Andrews includes, but is not limited to, a poorly executed frame repair process causing extensive damage to various other components and an extreme misalignment of the frame which prevented the doors from closing properly, as well as additional damage related to the substandard refinishing repairs. 35. Plaintiff Gingold performed his obligations under the agreement, as he paid Defendants Motor Cars and Andrews for the restoration and repair of the Cobra. Andrews' 36. Defendants Motor Cars and conduct, as set forth herein, is a breach of their contractual obligations. Andrews' 37. As a result of Defendants Motor Cars and breach of their contractual obligations owned to Plaintiff, Plaintiff Gingold has been damaged in an amount not less 7 of 12 FILED: NASSAU COUNTY CLERK 09/05/2023 05:42 PM INDEX NO. 614350/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 than $300,000.00, plus costs and expenses, the exact amount to be determined at the time of Trial. As and For a Second Cause of Action (Property Damage) "1" 38. Plaintiff repeats and realleges each and every allegation as set forth in paragraphs "37" through of the Complaint with the same force and effect as if more fully set forth herein at length. 39. In or around October 2021, Plaintiff Gingold engaged Defendant Motor Cars to repair and restore the Cobra. 40. 15 NYCRR § 82.13 imposes a duty on motor vehicle repair shops to perform quality repairs, which are defined as those repairs necessary to bring a motor vehicle to its premalfunction or predamaged condition. 41. In or around May 2023, Plaintiff Gingold hired a restoration specialist to inspect the Cobra. 42. The restoration specialist observed poor workmanship in the restoration of the Cobra by Defendants Motor Cars and Andrews requiring significant repairs to correct. Andrews' 43. Defendants Motor Cars and poor workmanship in repairing and restoring the Cobra includes, but is not limited to, a poorly executed frame repair process causing extensive damage to numerous other components and an extreme misalignment of the frame, as well as additional damage related to the poor refinishing process. Andrews' 44. Defendants Motor Cars and restoration failed to bring the Cobra to its premalfunction or pre-damaged condition. 45. As a result of the aforesaid conduct of Defendants Motor Cars and Andrews, Plaintiff Gingold's Cobra suffered significant property damage. 8 of 12 FILED: NASSAU COUNTY CLERK 09/05/2023 05:42 PM INDEX NO. 614350/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 46. As a result of Defendants Motor Car and Andrew's breach of their statutory duty to provide quality repairs, Plaintiff Gingold has been damaged in an amount not less than $300,000.00, plus costs and expenses, the exact amount to be determined at the time of Trial. As and For a Third Cause o f Action (Un just Enrichment) "1" 47. Plaintiff repeats and realleges each and every allegation as set forth in paragraphs "46" through of the Complaint with the same force and effect as if more fully set forth herein at length. 48. In or around October 2021, Plaintiff Gingold engaged Defendants Motor Cars and Andrews to repair and restore the Cobra. 49. Plaintiff Gingold paid Defendants Motor Cars and Andrews a total of $22,000.00 for the restoration and repair of the Cobra. 50. At all times, Defendants Motor Cars and Andrews knew and understood that Plaintiff Gingold expected the Cobra to be restored to the concours condition it was in prior to the damage it sustained from flooding during Hurricane Sandy in exchange for the sums Plaintiff Gingold paid to Defendants Motor Cars and Andrews. 51. It would be unjust and inequitable for Defendants Motor Cars and Andrews to retain the $22,000.00 paid by Plaintiff Gingold for repairs and restoration without properly performing the expected repairs and restoration of the Cobra. 52. By reason of the foregoing, Defendants Motor Cars and Andrews have been unjustly enriched at Plaintiff Gingold's expense. 9 of 12 FILED: NASSAU COUNTY CLERK 09/05/2023 05:42 PM INDEX NO. 614350/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 53. By reason of the foregoing, Plaintiff Gingold has been damaged in an amount not less than $22,000.00, plus costs and expenses, the exact amount to be determined at the time of Trial. As and For a Fourth Cause of Action (Diminished Value) "1" 54. Plaintiff repeats and realleges each and every allegation as set forth in paragraphs "53" through of the Complaint with the same force and effect as if more fully set forth herein at length. 55. Plaintiff Gingold's Cobra is a classic and rare motor vehicle which has inherent collector's value. 56. As a result of the facts sets forth herein, the value of the Plaintiff Gingold's Cobra has been greatly diminished. 57. As a result of the diminished value of Plaintiff Gingold's Cobra due to improper and negligent repairs by Defendants Motorcars and Andrews, Plaintiff Gingold has been damaged in an amount not less than $300,000.00, plus costs and expenses, the exact amount to be determined at the time of Trial. WHEREFORE, Plaintiff Robert Gingold respectfully requests judgment against the Defendant as follows: a. On the First Cause of Action, against Defendants H.R.E Motor Cars Inc. and Shirley Andrews, jointly and severally for Breach of Contract in an amount not less than $300,000.00, plus costs and expenses, the exact amount to be determined at the time of Trial. b. On the Second Cause of Action, against Defendants H.R.E Motor Cars Inc. and Shirley Andrews, jointly and severally, for Property Damage in an amount not 10 of 12 FILED: NASSAU COUNTY CLERK 09/05/2023 05:42 PM INDEX NO. 614350/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 less than $300,000.00, plus costs and expenses, the exact amount to be determined at the time of Trial. c. On the Third Cause of Action, against Defendants H.R.E Motor Cars Inc. and Shirley Andrews, jointly and severally, for Unjust Enrichment in an amount not less than $22,000.00, plus costs and expenses, the exact amount to be determined at the time of Trial. d. On the Fourth Cause of Action, against Defendants H.R.E Motor Cars Inc. and Shirley Andrews, jointly and severally, for Diminished Value in an amount not less than $300,000.00, plus costs and expenses, the exact amount to be determined at the time of Trial. e. For such other and further relief as this Court may deem just and proper, together with interest, costs and disbursements of this action. Dated: September 5, 2023 Great Neck, New York Yours, etc. The Law Firm of Elias C. Schwartz, PLLC By: Kevin T. MacTiernan, Esq. Attorneys for Plaintiff Robert Gingold 343 Great Neck Road Great Neck, New York 11021 (516) 487-0175 11 of 12 FILED: NASSAU COUNTY CLERK 09/05/2023 05:42 PM INDEX NO. 614350/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X Index No. ROBERT GINGOLD, VERIFICATION Plaintiff, -against- H.R.E MOTOR CARS, INC. and SHIRLEY ANDREWS, Defendants. X State of New York } .ss: County of Nassau } Robert Gingold, being sworn, says: I am the Plaintiff in the above captioned matter. I have read the annexed Verified Complaint and know the contents thereof; and the same is true to my own knowledge. By: Robert Gingold Sworn to before me on this ____ day of September 2023 Nicholas A. Tantone YORK