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INDEX NO. 653855/2016
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
a nnn eee enema nn nen ameeninmmmtimentintnintete
ee
DUCK RIVER TEXTILES, INC.,
Plaintiff, SUMMONS
- against — Index Number:
NOMORERACK.COM, INC., N/K/A
CHOXI.COM, INC
Defendants.
aan eeeennnne:
To the above-named defendants
‘You are hereby summoned and required to serve upon plaintiff's attorney, at his address
stated below, an answer to the attached complaint.
If this summons was personally served upon you in the State of New York, the answer
must be served within twenty days after such service of the summons, excluding the date of
service. If the summons was not personally delivered to you within the State of New York, the
answer must be served within thirty days after service of the summons is complete as provided
by law.
In case of your failure to answer, judgment will be taken against you jointly and severely,
by default, for the relief demanded in the complaint
The basis of venue is the County of New York. This action is brought in the County of
New York because it is Defendant’s place of business 381 Park Avenue, qt Floor, New York,
NY 10016 and as agreed to and set forth in the contract between the parties.
Dated: July 13, 2016
Houslanger & Associates, PLLC
AS send
By: Bryan CBr ESLEse.
Attorney for P|
372 New York Avenue
Huntington, New York 11747
(631) 427-1140
TO NOMORERACK.COM, INC., N/K/A
CHOXI.COM, INC.
381 Park Avenue, 4"" Floor
New York, NY 10016
1 of 6
SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF NEW YORK
aan Xx
DUCK RIVER TEXTILES, INC.,
Plaintiff,
VERIFIED COMPLAINT
- against -
NOMORERACK.COM, INC., N/K/A
CHOXI.COM, INC,
Defendants.
aeee x
Plaintiff, DUCK RIVER TEXTILES, INC. by their attomeys, Houslanger &
Associates, PLLC, complaining of the Defendants alleges as follows:
FOR A FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT
Plaintiff, DUCK RIVER TEXTILES, INC. is a domestic business corporation, in good
standing with its principal place of business in the State of New York.
Defendant NOMORERACK.COM, INC., NOW KNOWN AS CHOXI.COM, INC is
a foreign business corporation in good standing registered to do business in the State of
New York.
DUCK RIVER TEXTILES, INC. is a supplier of a variety of products such as, but not
limited to: Window Treatments, Beading, Shower Curtains and Throw Pillows.
NOMORERACK.COM, INC., N/K/A CHOXI.COM, INC is an online retailer that
offers various products to consumers around the world.
On or about February 4, 2013, Plaintiff, at the express or implied request of Defendants
entered in to a Supplier Agreement. (See Agreement annexed hereto as EXHIBIT “A”
Paragraph 16 of said Agreement provides for venue in the State of New York).
From on or about February 14, 2016 through April 22, 2016, in exchange for
goods/services provided, Defendants promised to pay for such goods/services pursuant to
the terms in the Agreement.
The Defendants failed to render to Plaintiff the agreed payment for goods/services
provided when due on or about May 6, 2016, although duly demanded, and Defendants
are now in breach of said Agreement. (See invoices annexed hereto as EXHIBIT “B”).
There now remains a balance due and owing of Forty Nine Thousand Four Hundred
Twenty Eight Dollars and Fifty Cents ($49,428.50) for goods/services rendered and
although duly demanded, no part of same has been paid.
2 of 6
The Defendants have failed to render to Plaintiff the total due and owing balance,
although duly demanded. Defendants are now in breach of contract. (See demand letter
annexed hereto as EXHIBIT “C”).
10. Defendants, NOMORERACK.COM, INC., N/K/A CHOXI.COM, INC owes Plaintiff
the sum of Forty Nine Thousand Four Hundred Twenty Eight Dollars and Fifty Cents
($49,428.50), plus interest at the New York Statutory Rate of 9% per annum from May 6,
2016, along with collection costs.
FOR A SECOND CAUSE OF ACTION FOR UNJUST ENRICHMENT
11 The Plaintiff DUCK RIVER TEXTILES, INC. repeats, reiterates, and realleges each
and every allegation contained in the paragraphs of the complaint numbered “1” through
“10” with the same force and effect as if herein set forth at length.
12. From the period between, on or about February 14, 2016 through April 22, 2016,
Plaintiff, at the express or implied request of Defendants NOMORERACK.COM, INC.,
N/K/A CHOXLCOM, INC provided goods/services to Defendants. Such goods/services
were tendered and accepted by Defendants.
13. The Defendants failed to compensate Plaintiff and thus benefited from the fair,
reasonable and customary remuneration and value of the goods/services.
14 Plaintiff incurred
costs by providing Defendants goods/services and although duly
demanded when due, never received just compensation.
15, There now remains a balance due and owing from Defendant(s) whereby equity and good
conscience require restitution in the sum of Forty Nine Thousand Four Hundred Twenty
Eight Dollars and Fifty Cents ($49,428.50), plus interest at the New York Statutory Rate
of 9% per annum from May 6, 2016, along with collection costs.
FOR A THIRD CAUSE OF ACTION FOR QUANTUM MERUIT
16. The Plaintiff DUCK RIVER TEXTILES, INC. repeats, reiterates, and realleges each
and every allegation contained in the paragraphs of the complaint numbered “1” through
“15” with the same force and effect as if herein set forth at length.
17 From the period between, on or about February 14, 2016 through April 22, 2016,
Plaintiff, at the express or implied request of Defendants NOMORERACK.COM, INC.,
N/K/A CHOXI.COM, INC provided goods/services to Defendants. Such goods/services
were tendered and accepted by Defendants.
18. Plaintiff in good faith, incurred costs in shipping the goods at the request of the
Defendants.
19. Defendants received the benefit of the goods shipped to Defendants customers.
3 of 6
20. Plaintiff expected compensation for these goods/services.
21. The Defendants have failed to render to Plaintiff the reasonable value for the benefits and
goods/services provided, although accepted and for which Plaintiff expected
compensation.
22. There now remains a balance due and owing from Defendant(s) in the sum of Forty Nine
Thousand Four Hundred Twenty Eight Dollars and Fifty Cents ($49,428.50), plus interest
at the New York Statutory Rate of 9% per annum from May 6, 2016, along with
collection costs.
FOR A FOURTH CAUSE OF ACTION ACCOUNT STATED
23. The Plaintiff repeats, reiterates, and realleges each and every allegation contained in the
paragraphs of the Complaint numbered “1” through “22”, with the same force and effect
as if herein set forth at length.
24. Accounts were taken and stated between the Plaintiff and the Defendants, which show a
current balance of Forty Nine Thousand Four Hundred Twenty Eight Dollars and Fifty
Cents ($49,428.50) plus interest at the New York Statutory Rate of 9% per annum from
May 6, 2015, plus attorney fees and collection costs. A copy of the statements of
account/invoices is annexed hereto as EXHIBIT “B”. Such accounting was not rejected
by the Defendants. This constitutes an account stated pursuant to CPLR 3016(f). The
Defendants are invited to mark up a copy of EXHIBIT “B” refuting any and all items
with which they have a dispute, and attach same to their Answer.
25. More than 14 days have elapsed since demand for payment was made and no good faith
resolution on the Defendant’s part has occurred.
WHEREFORE, the Plaintiff, DUCK RIVER TEXTILES, INC. demands
judgment against the Defendants NOMORERACK.COM, INC., N/K/A
CHOXLCOM, INC, in the sum of Forty Nine Thousand Four Hundred Twenty Eight
Dollars and Fifty Cents ($49,428.50) plus interest at the New York Statutory Rate of 9%
per annum from May 6, 2016, plus collection costs and disbursements of this action.
Dated: July 13, 2016
Huntington, New York
Bryan C. Bry}
HOUSL. & ‘ASSOCIATES, PLLC
Attorney for Plaintiff(s)
372 New York Avenue
Huntington, New York 11743
(631)427-1140
(631) 427-1143-Fax
4 of 6
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
DUCK RIVER TEXTILES, INC.
Plaintiff,
VERIFICATION
- against -
NOMORERACK.COM, INC., N/K/A
CHOXI.COM, INC.
Defendants.
STATE OF NM )
) ss:
COUNTY OF
Kgs )
JACK ALHAKIM AKA JACK COHEN affirms under penalty of perjury: I am the
Operations Manager of DUCK RIVER TEXTILES, INC., the Plaintiff in the action herein;
have read the annexed VERIFIED COMPLAINT, know the contents thereof and the same are
true to my knowledge, except those matters therein which are stated to be alleged on information
and belief, and as to those matters I believe them to be true. The grounds of deponent’s belief as
to all matters not stated upon deponent’s knowledge are books, records, papers and information
in deponent’s possession. I have been duly authorized to execute this document on behalf of the
Plaintiff. -
A Zoran exo —
as Operations Manager
of DUCK RIVER TEXTILES, INC.
Plaintiff
STATE OF Mew boil cone Eng “4
On FI a\ ( b before me personally appeared Sack ALHAKIM AKA JACK COHEN,
to me known and known to me to be the individual described in and who executed the foregoing
instrument, and who duly acknowledged that (s)he executed the same.
pny P Ue
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INDEX NO. 653855/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK a nnn eee enema nn nen ameeninmmmtimentintnintete ee DUCK RIVER TEXTILES, INC., Plaintiff, SUMMONS - against — Index Number: NOMORERACK.COM, INC., N/K/A CHOXI.COM, INC Defendants. aan eeeennnne: To the above-named defendants ‘You are hereby summoned and required to serve upon plaintiff's attorney, at his address stated below, an answer to the attached complaint. If this summons was personally served upon you in the State of New York, the answer must be served within twenty days after such service of the summons, excluding the date of service. If the summons was not personally delivered to you within the State of New York, the answer must be served within thirty days after service of the summons is complete as provided by law. In case of your failure to answer, judgment will be taken against you jointly and severely, by default, for the relief demanded in the complaint The basis of venue is the County of New York. This action is brought in the County of New York because it is Defendant’s place of business 381 Park Avenue, qt Floor, New York, NY 10016 and as agreed to and set forth in the contract between the parties. Dated: July 13, 2016 Houslanger & Associates, PLLC AS send By: Bryan CBr ESLEse. Attorney for P| 372 New York Avenue Huntington, New York 11747 (631) 427-1140 TO NOMORERACK.COM, INC., N/K/A CHOXI.COM, INC. 381 Park Avenue, 4"" Floor New York, NY 10016 1 of 6 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NEW YORK aan Xx DUCK RIVER TEXTILES, INC., Plaintiff, VERIFIED COMPLAINT - against - NOMORERACK.COM, INC., N/K/A CHOXI.COM, INC, Defendants. aeee x Plaintiff, DUCK RIVER TEXTILES, INC. by their attomeys, Houslanger & Associates, PLLC, complaining of the Defendants alleges as follows: FOR A FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT Plaintiff, DUCK RIVER TEXTILES, INC. is a domestic business corporation, in good standing with its principal place of business in the State of New York. Defendant NOMORERACK.COM, INC., NOW KNOWN AS CHOXI.COM, INC is a foreign business corporation in good standing registered to do business in the State of New York. DUCK RIVER TEXTILES, INC. is a supplier of a variety of products such as, but not limited to: Window Treatments, Beading, Shower Curtains and Throw Pillows. NOMORERACK.COM, INC., N/K/A CHOXI.COM, INC is an online retailer that offers various products to consumers around the world. On or about February 4, 2013, Plaintiff, at the express or implied request of Defendants entered in to a Supplier Agreement. (See Agreement annexed hereto as EXHIBIT “A” Paragraph 16 of said Agreement provides for venue in the State of New York). From on or about February 14, 2016 through April 22, 2016, in exchange for goods/services provided, Defendants promised to pay for such goods/services pursuant to the terms in the Agreement. The Defendants failed to render to Plaintiff the agreed payment for goods/services provided when due on or about May 6, 2016, although duly demanded, and Defendants are now in breach of said Agreement. (See invoices annexed hereto as EXHIBIT “B”). There now remains a balance due and owing of Forty Nine Thousand Four Hundred Twenty Eight Dollars and Fifty Cents ($49,428.50) for goods/services rendered and although duly demanded, no part of same has been paid. 2 of 6 The Defendants have failed to render to Plaintiff the total due and owing balance, although duly demanded. Defendants are now in breach of contract. (See demand letter annexed hereto as EXHIBIT “C”). 10. Defendants, NOMORERACK.COM, INC., N/K/A CHOXI.COM, INC owes Plaintiff the sum of Forty Nine Thousand Four Hundred Twenty Eight Dollars and Fifty Cents ($49,428.50), plus interest at the New York Statutory Rate of 9% per annum from May 6, 2016, along with collection costs. FOR A SECOND CAUSE OF ACTION FOR UNJUST ENRICHMENT 11 The Plaintiff DUCK RIVER TEXTILES, INC. repeats, reiterates, and realleges each and every allegation contained in the paragraphs of the complaint numbered “1” through “10” with the same force and effect as if herein set forth at length. 12. From the period between, on or about February 14, 2016 through April 22, 2016, Plaintiff, at the express or implied request of Defendants NOMORERACK.COM, INC., N/K/A CHOXLCOM, INC provided goods/services to Defendants. Such goods/services were tendered and accepted by Defendants. 13. The Defendants failed to compensate Plaintiff and thus benefited from the fair, reasonable and customary remuneration and value of the goods/services. 14 Plaintiff incurred costs by providing Defendants goods/services and although duly demanded when due, never received just compensation. 15, There now remains a balance due and owing from Defendant(s) whereby equity and good conscience require restitution in the sum of Forty Nine Thousand Four Hundred Twenty Eight Dollars and Fifty Cents ($49,428.50), plus interest at the New York Statutory Rate of 9% per annum from May 6, 2016, along with collection costs. FOR A THIRD CAUSE OF ACTION FOR QUANTUM MERUIT 16. The Plaintiff DUCK RIVER TEXTILES, INC. repeats, reiterates, and realleges each and every allegation contained in the paragraphs of the complaint numbered “1” through “15” with the same force and effect as if herein set forth at length. 17 From the period between, on or about February 14, 2016 through April 22, 2016, Plaintiff, at the express or implied request of Defendants NOMORERACK.COM, INC., N/K/A CHOXI.COM, INC provided goods/services to Defendants. Such goods/services were tendered and accepted by Defendants. 18. Plaintiff in good faith, incurred costs in shipping the goods at the request of the Defendants. 19. Defendants received the benefit of the goods shipped to Defendants customers. 3 of 6 20. Plaintiff expected compensation for these goods/services. 21. The Defendants have failed to render to Plaintiff the reasonable value for the benefits and goods/services provided, although accepted and for which Plaintiff expected compensation. 22. There now remains a balance due and owing from Defendant(s) in the sum of Forty Nine Thousand Four Hundred Twenty Eight Dollars and Fifty Cents ($49,428.50), plus interest at the New York Statutory Rate of 9% per annum from May 6, 2016, along with collection costs. FOR A FOURTH CAUSE OF ACTION ACCOUNT STATED 23. The Plaintiff repeats, reiterates, and realleges each and every allegation contained in the paragraphs of the Complaint numbered “1” through “22”, with the same force and effect as if herein set forth at length. 24. Accounts were taken and stated between the Plaintiff and the Defendants, which show a current balance of Forty Nine Thousand Four Hundred Twenty Eight Dollars and Fifty Cents ($49,428.50) plus interest at the New York Statutory Rate of 9% per annum from May 6, 2015, plus attorney fees and collection costs. A copy of the statements of account/invoices is annexed hereto as EXHIBIT “B”. Such accounting was not rejected by the Defendants. This constitutes an account stated pursuant to CPLR 3016(f). The Defendants are invited to mark up a copy of EXHIBIT “B” refuting any and all items with which they have a dispute, and attach same to their Answer. 25. More than 14 days have elapsed since demand for payment was made and no good faith resolution on the Defendant’s part has occurred. WHEREFORE, the Plaintiff, DUCK RIVER TEXTILES, INC. demands judgment against the Defendants NOMORERACK.COM, INC., N/K/A CHOXLCOM, INC, in the sum of Forty Nine Thousand Four Hundred Twenty Eight Dollars and Fifty Cents ($49,428.50) plus interest at the New York Statutory Rate of 9% per annum from May 6, 2016, plus collection costs and disbursements of this action. Dated: July 13, 2016 Huntington, New York Bryan C. Bry} HOUSL. & ‘ASSOCIATES, PLLC Attorney for Plaintiff(s) 372 New York Avenue Huntington, New York 11743 (631)427-1140 (631) 427-1143-Fax 4 of 6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x DUCK RIVER TEXTILES, INC. Plaintiff, VERIFICATION - against - NOMORERACK.COM, INC., N/K/A CHOXI.COM, INC. Defendants. STATE OF NM ) ) ss: COUNTY OF Kgs ) JACK ALHAKIM AKA JACK COHEN affirms under penalty of perjury: I am the Operations Manager of DUCK RIVER TEXTILES, INC., the Plaintiff in the action herein; have read the annexed VERIFIED COMPLAINT, know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. The grounds of deponent’s belief as to all matters not stated upon deponent’s knowledge are books, records, papers and information in deponent’s possession. I have been duly authorized to execute this document on behalf of the Plaintiff. - A Zoran exo — as Operations Manager of DUCK RIVER TEXTILES, INC. Plaintiff STATE OF Mew boil cone Eng “4 On FI a\ ( b before me personally appeared Sack ALHAKIM AKA JACK COHEN, to me known and known to me to be the individual described in and who executed the foregoing instrument, and who duly acknowledged that (s)he executed the same. pny P Ue