Preview
FILED: NASSAU COUNTY CLERK 09/19/2023 10:08 AM INDEX NO. 615140/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
FERRARI FINANCIAL SERVICES, INC., Index No. _______________________
Plaintiff,
Date Purchased: __________________
- against -
AMT LLC and MICHAEL TADROSS JR., SUMMONS
Defendants. Venue is pursuant to CPLR 503(a)
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 within 20 days after the service of this summons, exclusive of the day 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 in the complaint.
The basis of the venue designated is CPLR 503(a).
Dated: New York, New York
September 19, 2023
SAUL EWING LLP
1270 Avenue of the Americas, Suite 2800
New York, New York 10020
(212) 980-7200
Attorneys for Plaintiff
By: __Michael S. O’Reilly _
Michael S. O’Reilly
Ryan M. Jerome
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FILED: NASSAU COUNTY CLERK 09/19/2023 10:08 AM INDEX NO. 615140/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
FERRARI FINANCIAL SERVICES, INC.,
Plaintiff, Index No. _______________________
- against -
MICHAEL TADROSS JR. and AMT LLC, COMPLAINT
Defendants.
Plaintiff, Ferrari Financial Services, Inc., by its counsel, Saul Ewing LLP, complains
against Defendants, AMT LLC and MICHAEL TADROSS JR. as follows:
PARTIES, JURISDICTION AND VENUE
1. This is an action for breach of contract, and for damages incidental thereto,
including attorneys’ fees and costs.
2. Plaintiff, FERRARI FINANCIAL SERVICES, INC. (“Plaintiff”), is a Delaware
corporation, with its principal place of business in New Jersey, authorized to transact business in
Florida.
3. Defendant, MICHAEL TADROSS JR. (“TADROSS”), is an individual residing at
28 Route 25A, Oyster Bay, New York 11771.
4. Defendant, AMT LLC, is a Montana Limited Liability Company authorized to do
business in New York (“AMT” and together with TADROSS, the “Defendants”).
5. TADROSS is a Member of AMT.
6. This Court has jurisdiction over this matter because TADROSS is a New York
resident and AMT transacts business in the State of New York.
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FILED: NASSAU COUNTY CLERK 09/19/2023 10:08 AM INDEX NO. 615140/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2023
7. Venue is proper pursuant to CPLR 503(a), because TADROSS resides in Nassau
County.
GENERAL ALLEGATIONS
8. On July 23, 2022, Defendants entered into a Retail Installment Contract
(“Contract”) with Scottsdale Ferrari for the purchase of a used 2018 Ferrari 488 GTB,
VIN# ZFF79ALA0J0232258 (“Vehicle”) for $318,000.00. The Contract is attached hereto and
incorporated herein as Exhibit “A”.
9. The Contract, by its terms, was assigned to Plaintiff. Id.
10. Defendants defaulted on the terms of the Contract by, inter alia, failing to make the
regularly monthly payments when due.
11. Due to Defendants’ default, the Vehicle was repossessed as authorized under the
Contract.
12. After proper notice to Defendants (“Vehicle Notices”), Plaintiff sold the Vehicle in
a commercially reasonable manner by private sale on May 24, 2023 and received $216,392.00 in
proceeds from the sale. Copies of the Vehicle Notices are attached hereto and incorporated herein
as Exhibit “B”.
13. After expenses, the proceeds from the sale were used to pay the balance owed by
Defendants to Plaintiff under the Contract. There is now a deficiency balance of $87,811.17 owed
to Plaintiff under the Contract, excluding attorney’s fees and costs to date. The Deficiency
Breakdown is attached hereto and incorporated herein as Exhibit “C”.
14. Defendants were sent a written demand letter for payment of the deficiency amount
on September 6, 2023, but to date have not responded. Id.
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FILED: NASSAU COUNTY CLERK 09/19/2023 10:08 AM INDEX NO. 615140/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2023
FIRST CAUSE OF ACTION
(Breach of Contract)
15. Plaintiff repeats and re-alleges the allegations contained in Paragraphs 1 through
14 as if fully set forth herein.
16. This is an action for breach of Contract against Defendants.
17. The Contract provided that Defendants were to make fifty-nine (59) regular
monthly payments. Defendants defaulted by failing to make the regular monthly payments when
due.
18. After repossession and sale of the Vehicle, there remains a balance due and owing
under the Contract, the deficiency amount.
19. As a result, Plaintiff has been damaged in the amount of $87,811.17 due and owing
under the Contract, in addition to attorneys’ fees and costs.
WHEREFORE, Plaintiff, FERRARI FINANCIAL SERVICES, INC., respectfully
requests that this Court enter a judgment against Defendants in the amount of $87,811.17, pre-
judgment interest, and granting Plaintiff such other and further relief this Court deems just and
proper, including costs, expenses, and reasonable attorney fees incurred in connection with this
action.
Dated: New York, New York
September 19, 2023
SAUL EWING LLP
1270 Avenue of the Americas
Suite 2800
New York, New York 10020
(212) 980-7200
Attorneys for Plaintiff
By: __Michael S. O’Reilly _
Michael S. O’Reilly
Ryan M. Jerome
-4-
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Preview
FILED: NASSAU COUNTY CLERK 09/19/2023 10:08 AM INDEX NO. 615140/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU FERRARI FINANCIAL SERVICES, INC., Index No. _______________________ Plaintiff, Date Purchased: __________________ - against - AMT LLC and MICHAEL TADROSS JR., SUMMONS Defendants. Venue is pursuant to CPLR 503(a) 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 within 20 days after the service of this summons, exclusive of the day 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 in the complaint. The basis of the venue designated is CPLR 503(a). Dated: New York, New York September 19, 2023 SAUL EWING LLP 1270 Avenue of the Americas, Suite 2800 New York, New York 10020 (212) 980-7200 Attorneys for Plaintiff By: __Michael S. O’Reilly _ Michael S. O’Reilly Ryan M. Jerome 1 of 4 FILED: NASSAU COUNTY CLERK 09/19/2023 10:08 AM INDEX NO. 615140/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU FERRARI FINANCIAL SERVICES, INC., Plaintiff, Index No. _______________________ - against - MICHAEL TADROSS JR. and AMT LLC, COMPLAINT Defendants. Plaintiff, Ferrari Financial Services, Inc., by its counsel, Saul Ewing LLP, complains against Defendants, AMT LLC and MICHAEL TADROSS JR. as follows: PARTIES, JURISDICTION AND VENUE 1. This is an action for breach of contract, and for damages incidental thereto, including attorneys’ fees and costs. 2. Plaintiff, FERRARI FINANCIAL SERVICES, INC. (“Plaintiff”), is a Delaware corporation, with its principal place of business in New Jersey, authorized to transact business in Florida. 3. Defendant, MICHAEL TADROSS JR. (“TADROSS”), is an individual residing at 28 Route 25A, Oyster Bay, New York 11771. 4. Defendant, AMT LLC, is a Montana Limited Liability Company authorized to do business in New York (“AMT” and together with TADROSS, the “Defendants”). 5. TADROSS is a Member of AMT. 6. This Court has jurisdiction over this matter because TADROSS is a New York resident and AMT transacts business in the State of New York. 2 of 4 FILED: NASSAU COUNTY CLERK 09/19/2023 10:08 AM INDEX NO. 615140/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2023 7. Venue is proper pursuant to CPLR 503(a), because TADROSS resides in Nassau County. GENERAL ALLEGATIONS 8. On July 23, 2022, Defendants entered into a Retail Installment Contract (“Contract”) with Scottsdale Ferrari for the purchase of a used 2018 Ferrari 488 GTB, VIN# ZFF79ALA0J0232258 (“Vehicle”) for $318,000.00. The Contract is attached hereto and incorporated herein as Exhibit “A”. 9. The Contract, by its terms, was assigned to Plaintiff. Id. 10. Defendants defaulted on the terms of the Contract by, inter alia, failing to make the regularly monthly payments when due. 11. Due to Defendants’ default, the Vehicle was repossessed as authorized under the Contract. 12. After proper notice to Defendants (“Vehicle Notices”), Plaintiff sold the Vehicle in a commercially reasonable manner by private sale on May 24, 2023 and received $216,392.00 in proceeds from the sale. Copies of the Vehicle Notices are attached hereto and incorporated herein as Exhibit “B”. 13. After expenses, the proceeds from the sale were used to pay the balance owed by Defendants to Plaintiff under the Contract. There is now a deficiency balance of $87,811.17 owed to Plaintiff under the Contract, excluding attorney’s fees and costs to date. The Deficiency Breakdown is attached hereto and incorporated herein as Exhibit “C”. 14. Defendants were sent a written demand letter for payment of the deficiency amount on September 6, 2023, but to date have not responded. Id. -3- 3 of 4 FILED: NASSAU COUNTY CLERK 09/19/2023 10:08 AM INDEX NO. 615140/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2023 FIRST CAUSE OF ACTION (Breach of Contract) 15. Plaintiff repeats and re-alleges the allegations contained in Paragraphs 1 through 14 as if fully set forth herein. 16. This is an action for breach of Contract against Defendants. 17. The Contract provided that Defendants were to make fifty-nine (59) regular monthly payments. Defendants defaulted by failing to make the regular monthly payments when due. 18. After repossession and sale of the Vehicle, there remains a balance due and owing under the Contract, the deficiency amount. 19. As a result, Plaintiff has been damaged in the amount of $87,811.17 due and owing under the Contract, in addition to attorneys’ fees and costs. WHEREFORE, Plaintiff, FERRARI FINANCIAL SERVICES, INC., respectfully requests that this Court enter a judgment against Defendants in the amount of $87,811.17, pre- judgment interest, and granting Plaintiff such other and further relief this Court deems just and proper, including costs, expenses, and reasonable attorney fees incurred in connection with this action. Dated: New York, New York September 19, 2023 SAUL EWING LLP 1270 Avenue of the Americas Suite 2800 New York, New York 10020 (212) 980-7200 Attorneys for Plaintiff By: __Michael S. O’Reilly _ Michael S. O’Reilly Ryan M. Jerome -4- 4 of 4