On July 14, 2016 a
Complaint,Petition
was filed
involving a dispute between
David Sanchez,
and
Shane Parker,
for Real Property - Other (Breach of Lease)
in the District Court of Niagara County.
Preview
ARD OUN NK AW INDEX NO. E159091/2016
NYSCEF BOC. NO. 3 RECEIVED NYSCEF: 10/12/2016
STATE OF NEW YORK
SUPREME COURT COUNTY OF NIAGARA
DAVID SANCHEZ,
Plaintiff, COMPLAINT
Vv. Index No. E159091/2016
SHANE PARKER,
Defendant.
The Plaintiff, DAVID SANCHEZ, above named, by his attorneys, FREID AND
KLAWON, for his Complaint herein alleges:
1 Plaintiff is a resident of the Town of Lancaster, County of Erie and State of New
York.
2. Upon information and belief, Defendant, SHANE PARKER, is employed in the
Town of Lancaster, County of Erie and State of New York. Defendant’s current residence is
unknown to Plaintiff. Defendant was a resident of the County of Niagara as of June 30, 2016.
3. On February 11, 2016, the parties entered into a certain Lease Agreement between
Plaintiff as “Landlord” and Defendant as “Tenant” for premises commonly known as 7444 Akron
Road, Lockport, New York (Niagara County). A true copy of said Agreement is annexed hereto as
Exhibit “A”.
4. Plaintiff duly performed all obligations to be performed as Landlord pursuant to
the parties’ aforesaid Agreement.
5 Defendant failed to perform the obligations to be performed as Tenant pursuant to
the parties’ aforesaid Agreement to wit:
A Defendant failed to pay rent when due in the sum of $1,750 - (May 2016)
1 of 2
and $1,750 - (June 2016).
B Defendant vacated the leased premises on or about June 30, 2016 and has
failed to pay for the rent due for the months of July and August 2016 each in the sum of $1,750.
C Pursuant to the terms of the aforesaid lease agreement, Defendant owes
late fees in the sum of $175 for the months of March through August 2016 for a total of $1,050.
7 Plaintiff rented the premises as of August 30, 2016,
8 That pursuant to the terms of the aforesaid lease agreement the Defendant is liable
to pay Plaintiff's reasonable attorneys’ fees.
WHEREFORE Plaintiff demands Judgment against Defendant as follows;
1 In the sum of $7,000.00 representing unpaid rent for the months of May
through August, 2016.
2. In the sum of $1,050.00 representing unpaid late fees for the months of
May through August, 2016.
3 Reasonable attorneys’ fees as set by this Court.
4 The costs and disbursements on this Action
5 Applicable interest.
4
ihe A OF ipo By Wf
WA I. FREI, ESO
FR [ID AND KLAWON
Attorneys for Plaintiff
17 Beresford Court
Williamsville, NY 14221
(716) 565-2000
TO: Shane Parker
Pro Se
2 of 2
Document Filed Date
October 12, 2016
Case Filing Date
July 14, 2016
Category
Real Property - Other (Breach of Lease)
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Preview
ARD OUN NK AW INDEX NO. E159091/2016 NYSCEF BOC. NO. 3 RECEIVED NYSCEF: 10/12/2016 STATE OF NEW YORK SUPREME COURT COUNTY OF NIAGARA DAVID SANCHEZ, Plaintiff, COMPLAINT Vv. Index No. E159091/2016 SHANE PARKER, Defendant. The Plaintiff, DAVID SANCHEZ, above named, by his attorneys, FREID AND KLAWON, for his Complaint herein alleges: 1 Plaintiff is a resident of the Town of Lancaster, County of Erie and State of New York. 2. Upon information and belief, Defendant, SHANE PARKER, is employed in the Town of Lancaster, County of Erie and State of New York. Defendant’s current residence is unknown to Plaintiff. Defendant was a resident of the County of Niagara as of June 30, 2016. 3. On February 11, 2016, the parties entered into a certain Lease Agreement between Plaintiff as “Landlord” and Defendant as “Tenant” for premises commonly known as 7444 Akron Road, Lockport, New York (Niagara County). A true copy of said Agreement is annexed hereto as Exhibit “A”. 4. Plaintiff duly performed all obligations to be performed as Landlord pursuant to the parties’ aforesaid Agreement. 5 Defendant failed to perform the obligations to be performed as Tenant pursuant to the parties’ aforesaid Agreement to wit: A Defendant failed to pay rent when due in the sum of $1,750 - (May 2016) 1 of 2 and $1,750 - (June 2016). B Defendant vacated the leased premises on or about June 30, 2016 and has failed to pay for the rent due for the months of July and August 2016 each in the sum of $1,750. C Pursuant to the terms of the aforesaid lease agreement, Defendant owes late fees in the sum of $175 for the months of March through August 2016 for a total of $1,050. 7 Plaintiff rented the premises as of August 30, 2016, 8 That pursuant to the terms of the aforesaid lease agreement the Defendant is liable to pay Plaintiff's reasonable attorneys’ fees. WHEREFORE Plaintiff demands Judgment against Defendant as follows; 1 In the sum of $7,000.00 representing unpaid rent for the months of May through August, 2016. 2. In the sum of $1,050.00 representing unpaid late fees for the months of May through August, 2016. 3 Reasonable attorneys’ fees as set by this Court. 4 The costs and disbursements on this Action 5 Applicable interest. 4 ihe A OF ipo By Wf WA I. FREI, ESO FR [ID AND KLAWON Attorneys for Plaintiff 17 Beresford Court Williamsville, NY 14221 (716) 565-2000 TO: Shane Parker Pro Se 2 of 2