Preview
FILED: KINGS COUNTY CLERK 09/18/2023
07/26/2023 10:52
12:15 AM
PM INDEX NO. 521486/2023
NYSCEF DOC. NO. 6
1 RECEIVED NYSCEF: 09/18/2023
07/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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HUDSON VIEW REALTY LLC, Index No.
Date Filed
SUMMONS
PLAINTIFF, Plaintiff’s Principal
Place of Business:
- Against - 12 Spencer St, #4
Brooklyn, NY 11205
The Basis of Venue
RAYON GAYNOR, Designated is Plaintiff
Residence or Place of
Contract
DEFENDANT(S).
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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 the summons, to serve a notice of
appearance, on the Plaintiff’s attorney within twenty (20) days after the service of this Summons,
exclusive of the day of service (or within thirty (30) days after completion of service where service
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.
Dated: Queens, New York
December 09, 2022
_____________________________
Avi Faskowitz, Esq.
The Faskowitz Law Firm, PLLC
Attorneys for Plaintiff
6143 186 Street, Suite 207
Fresh Meadows, NY 11365
718.407.2464
Defendant(s) to be Served:
Rayon Gaynor
573 Madison St, Apt 3
Brooklyn, NY 11221
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FILED: KINGS COUNTY CLERK 09/18/2023
07/26/2023 10:52
12:15 AM
PM INDEX NO. 521486/2023
NYSCEF DOC. NO. 6
1 RECEIVED NYSCEF: 09/18/2023
07/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------------------X
HUDSON VIEW REALTY LLC,
Index No.
PLAINTIFF,
- Against - COMPLAINT
RAYON GAYNOR,
DEFENDANT(S).
------------------------------------------------------------------------------X
Plaintiff, by its attorneys, THE FASKOWITZ LAW FIRM, PLLC, complaining of the defendant,
respectfully alleges as follows:
1. Plaintiff Hudson View Realty LLC (hereinafter “Plaintiff”) is a company authorized to do
business in the State of New York.
2. Upon information and belief, Defendant Rayon Gaynor (hereinafter “Defendant”) is an
individual who resides or contracted in the State of New York.
AS AND FOR A FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT
3. On or about 07/01/2021, Defendant entered into a 5-year lease agreement with Plaintiff
(“Agreement”), whereby the Defendant leased the property located at 160 Havemeyer Ave,
#6, Brooklyn, NY 11211 (“Premises”).
4. In return, Defendant was obligated to make monthly lease payments.
5. Plaintiff has wholly performed its contractual obligations; it leased the Premises to
Defendant.
6. Defendant breached its contractual obligations under the Agreement by failing to pay
Plaintiff.
7. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant based upon
the Breach of Contract in the sum of $31,948.48, plus statutory interest from 11/23/22, costs,
disbursements, and attorney’s fees.
2 of 5
FILED: KINGS COUNTY CLERK 09/18/2023
07/26/2023 10:52
12:15 AM
PM INDEX NO. 521486/2023
NYSCEF DOC. NO. 6
1 RECEIVED NYSCEF: 09/18/2023
07/26/2023
AS AND FOR A SECOND CAUSE OF ACTION FOR UNJUST ENRICHMENT
8. Plaintiff repeats and realleges each and every allegation contained in paragraph 1 through 7
of this complaint as though fully set forth at length herein.
9. Plaintiff conferred a benefit upon Defendant by leasing Premises to Defendant.
10. Defendant was aware of the benefit conferred upon it by Plaintiff and accepted this benefit
by continuing to use and occupy the Premises.
11. Plaintiff has a legal claim and right for payment for lease of the Premises.
12. Given Plaintiff’s good faith in leasing the Premises to Defendant, it would be inequitable to
allow Defendant to retain the benefit of use and occupancy of the Premises without paying
its full value to Plaintiff.
13. The monetary value of the benefit conferred upon Defendant by Plaintiff, and retained by
Defendant, is not less than $31,948.48.
14. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant based upon
Unjust Enrichment in the sum of $31,948.48, plus statutory interest from 11/23/22, costs,
disbursements, and attorney’s fees.
AS AND FOR A THIRD CAUSE OF ACTION FOR ACCOUNT STATED
15. Plaintiff repeats and realleges each and every allegation contained in paragraph 1 through 14
of this complaint as though fully set forth at length herein.
16. That heretofore, Plaintiff generated for Defendant statements detailing the full, just, and true
accounts of the indebtedness due and owing by Defendant for the sum of $31,948.48.
17. Said statements were delivered to, received, accepted and retained by Defendant, without
Defendant’s objection, resulting in an Account Stated for $31,948.48.
18. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant based on the
Account Stated in the sum of $31,948.48, plus statutory interest from 11/23/22, costs,
disbursements, and attorney’s fees.
3 of 5
FILED: KINGS COUNTY CLERK 09/18/2023
07/26/2023 10:52
12:15 AM
PM INDEX NO. 521486/2023
NYSCEF DOC. NO. 6
1 RECEIVED NYSCEF: 09/18/2023
07/26/2023
AS AND FOR A FOURTH CAUSE OF ACTION FOR QUANTUM MERUIT
19. Plaintiff repeats and realleges each and every allegation contained in paragraph 1 through 18
of this complaint as though fully set forth at length herein.
20. That heretofore, Plaintiff performed services for Defendant in the amount of $31,948.48, as
per Defendant’s specific request and based on the condition Defendant would pay for said
services $31,948.48; the reasonable value for such services.
21. At all times herein mentioned, the performed services were of reasonable value of
$31,948.48.
22. No part of the above sum has been paid to date, despite Plaintiff having demanded payment,
and there is now due, owing, and unpaid by Defendant to Plaintiff the sum of $31,948.48.
23. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant based on
Quantum Meruit for the sum of $31,948.48, plus statutory interest from 11/23/22, costs,
disbursements, and attorney’s fees.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$31,948.48, together with statutory interest from 11/23/22, costs, disbursements, and
attorney’s fees, and for such other and further relief as the Court deems just, proper and
equitable.
Dated: Queens, New York
December 09, 2022
_____________________________
Avi Faskowitz, Esq.
The Faskowitz Law Firm, PLLC
Attorneys for Plaintiff
6143 186 Street, Suite 207
Fresh Meadows, NY 11365
718.407.2464
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FILED: KINGS COUNTY CLERK 09/18/2023
07/26/2023 10:52
12:15 AM
PM INDEX NO. 521486/2023
NYSCEF DOC. NO. 6
1 RECEIVED NYSCEF: 09/18/2023
07/26/2023
PLAINTIFF VERIFICATION
The undersigned, being duly sworn, deposes and says: Deponent is the manager of Plaintiff, has
read the foregoing Complaint and knows the contents thereof, and that the same is true to
deponents own knowledge, except as to the matters therein stated to be alleged upon information
and belief and as to those matters deponent believes it to be true. The grounds of deponents belief
as to all matters not stated upon deponent's knowledge are as follows: Documents and records of
the plaintiff kept in the regular course of business under the supervision and control of your
deponent.
Plaintiff Signature
Print Name 0g i ndn
Sworn to me this l' DAY OF Decmher , 20 Tl
Notary Signature
06 18.202
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FILED: KINGS COUNTY CLERK 09/18/2023
08/04/2023 10:52
11:34 AM INDEX NO. 521486/2023
NYSCEF DOC. NO. 6
2 RECEIVED NYSCEF: 09/18/2023
08/04/2023
STATE OF NEW YORK AFFIDAVIT OF CONSPICUOUS SERVICE
COUNTY OF KINGS
SUMMONS, COMPLAINT, NOTICE OF ELECTRONIC
HUDSON VIEW REALTY LLC, FILING PURSUANT TO SECTION 202.5-BB OF THE
Plaintiff TRIAL COURTS
-against- INDEX NUMBER 521486/2023
RAYON GAYNOR Lawfirm File #: HUDSON VIEW REALTY LLC,
Defendant Client: FASKOWITZ LAW
LANCELOT FAVORITE, BEING DULY SWORN DEPOSES AND SAYS AS FOLLOWS:
THAT I AM NOT A PARTY TO THE WITHIN ACTION; AM A LICENSED PROCESS SERVER OVER 18 YEARS
OF AGE AND RESIDE IN KINGS COUNTY, NEW YORK.
DEPONENT WAS UNABLE TO SERVE: RAYON GAYNOR BY PERSONAL DELIVERY
AT 573 MADISON ST., APT. 3 BROOKLYN, NY 11221
ON 08/03/2023 AT 10:02 AM DEPONENT SERVED THE ATTACHED SUMMONS, COMPLAINT, NOTICE OF
ELECTRONIC FILING PURSUANT TO SECTION 202 . 5-BB OF THE TRIAL COURTS
[X] BY AFFIXING ONE TRUE COPY FOR EACH TENANT/OCCUPANT UPON A CONSPICUOUS PART, TO
WIT-THE ENTRANCE DOOR
DEPONENT WAS UNABLE TO FIND A PERSON OF SUITABLE AGE AND DISCRETION WILLING TO RECEIVE
AT THIS TIME OR DURING THE PRIOR ATTEMPTS MADE ON 08/01/2023 AT 09:14 PM AND ON
08/02/2023 AT 12:00 PM
SERVICE ON THE RESPONDENTS WAS COMPLETED ON 08/04/2023 WHEN DEPONENT CAUSED TRUE COPIES
OF THE WITHIN SUMMONS, COMPLAINT, NOTICE OF ELECTRONIC FILING PURSUANT TO SECTION
202.5-BB OF THE TRIAL COURTS TO BE FORWARDED TO THE RESPONDENT AT THE PREMISES, BY
FIRST CLASS MAIL, BY GIVING THE SAME IN POSTPAID PROPERLY ADDRESSED ENVELOPES STAMPED
PERSONAL AND CONFIDENTIAL TO A POSTAL EMPLOYEE AT THE UNITED STATES POST OFFICE IN THE
STATE OF NEW YORK, FOR PROCESSING UNDER THE EXCLUSIVE CARE AND CUSTODY OF THE UNITED
STATES POSTAL SERVICE.
SWORN TO BEFORE ME ON: 08/04 /2023
X
cel avorit - Process Server License No: 2067825
Ci Pr ss Servers - License No: 1470749
Agency
NAOMI TAMAR ROSE LATT
NOTARY PUBLIC State Of New York
NO.01RO6340662
Qualified in Nassau County
Commission Expires April 18, 2024
1 of 1
Preview
FILED: KINGS COUNTY CLERK 09/18/2023 07/26/2023 10:52 12:15 AM PM INDEX NO. 521486/2023 NYSCEF DOC. NO. 6 1 RECEIVED NYSCEF: 09/18/2023 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------------X HUDSON VIEW REALTY LLC, Index No. Date Filed SUMMONS PLAINTIFF, Plaintiff’s Principal Place of Business: - Against - 12 Spencer St, #4 Brooklyn, NY 11205 The Basis of Venue RAYON GAYNOR, Designated is Plaintiff Residence or Place of Contract DEFENDANT(S). -------------------------------------------------------------------------X 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 the summons, to serve a notice of appearance, on the Plaintiff’s attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after completion of service where service 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. Dated: Queens, New York December 09, 2022 _____________________________ Avi Faskowitz, Esq. The Faskowitz Law Firm, PLLC Attorneys for Plaintiff 6143 186 Street, Suite 207 Fresh Meadows, NY 11365 718.407.2464 Defendant(s) to be Served: Rayon Gaynor 573 Madison St, Apt 3 Brooklyn, NY 11221 1 of 5 FILED: KINGS COUNTY CLERK 09/18/2023 07/26/2023 10:52 12:15 AM PM INDEX NO. 521486/2023 NYSCEF DOC. NO. 6 1 RECEIVED NYSCEF: 09/18/2023 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------------X HUDSON VIEW REALTY LLC, Index No. PLAINTIFF, - Against - COMPLAINT RAYON GAYNOR, DEFENDANT(S). ------------------------------------------------------------------------------X Plaintiff, by its attorneys, THE FASKOWITZ LAW FIRM, PLLC, complaining of the defendant, respectfully alleges as follows: 1. Plaintiff Hudson View Realty LLC (hereinafter “Plaintiff”) is a company authorized to do business in the State of New York. 2. Upon information and belief, Defendant Rayon Gaynor (hereinafter “Defendant”) is an individual who resides or contracted in the State of New York. AS AND FOR A FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT 3. On or about 07/01/2021, Defendant entered into a 5-year lease agreement with Plaintiff (“Agreement”), whereby the Defendant leased the property located at 160 Havemeyer Ave, #6, Brooklyn, NY 11211 (“Premises”). 4. In return, Defendant was obligated to make monthly lease payments. 5. Plaintiff has wholly performed its contractual obligations; it leased the Premises to Defendant. 6. Defendant breached its contractual obligations under the Agreement by failing to pay Plaintiff. 7. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant based upon the Breach of Contract in the sum of $31,948.48, plus statutory interest from 11/23/22, costs, disbursements, and attorney’s fees. 2 of 5 FILED: KINGS COUNTY CLERK 09/18/2023 07/26/2023 10:52 12:15 AM PM INDEX NO. 521486/2023 NYSCEF DOC. NO. 6 1 RECEIVED NYSCEF: 09/18/2023 07/26/2023 AS AND FOR A SECOND CAUSE OF ACTION FOR UNJUST ENRICHMENT 8. Plaintiff repeats and realleges each and every allegation contained in paragraph 1 through 7 of this complaint as though fully set forth at length herein. 9. Plaintiff conferred a benefit upon Defendant by leasing Premises to Defendant. 10. Defendant was aware of the benefit conferred upon it by Plaintiff and accepted this benefit by continuing to use and occupy the Premises. 11. Plaintiff has a legal claim and right for payment for lease of the Premises. 12. Given Plaintiff’s good faith in leasing the Premises to Defendant, it would be inequitable to allow Defendant to retain the benefit of use and occupancy of the Premises without paying its full value to Plaintiff. 13. The monetary value of the benefit conferred upon Defendant by Plaintiff, and retained by Defendant, is not less than $31,948.48. 14. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant based upon Unjust Enrichment in the sum of $31,948.48, plus statutory interest from 11/23/22, costs, disbursements, and attorney’s fees. AS AND FOR A THIRD CAUSE OF ACTION FOR ACCOUNT STATED 15. Plaintiff repeats and realleges each and every allegation contained in paragraph 1 through 14 of this complaint as though fully set forth at length herein. 16. That heretofore, Plaintiff generated for Defendant statements detailing the full, just, and true accounts of the indebtedness due and owing by Defendant for the sum of $31,948.48. 17. Said statements were delivered to, received, accepted and retained by Defendant, without Defendant’s objection, resulting in an Account Stated for $31,948.48. 18. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant based on the Account Stated in the sum of $31,948.48, plus statutory interest from 11/23/22, costs, disbursements, and attorney’s fees. 3 of 5 FILED: KINGS COUNTY CLERK 09/18/2023 07/26/2023 10:52 12:15 AM PM INDEX NO. 521486/2023 NYSCEF DOC. NO. 6 1 RECEIVED NYSCEF: 09/18/2023 07/26/2023 AS AND FOR A FOURTH CAUSE OF ACTION FOR QUANTUM MERUIT 19. Plaintiff repeats and realleges each and every allegation contained in paragraph 1 through 18 of this complaint as though fully set forth at length herein. 20. That heretofore, Plaintiff performed services for Defendant in the amount of $31,948.48, as per Defendant’s specific request and based on the condition Defendant would pay for said services $31,948.48; the reasonable value for such services. 21. At all times herein mentioned, the performed services were of reasonable value of $31,948.48. 22. No part of the above sum has been paid to date, despite Plaintiff having demanded payment, and there is now due, owing, and unpaid by Defendant to Plaintiff the sum of $31,948.48. 23. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant based on Quantum Meruit for the sum of $31,948.48, plus statutory interest from 11/23/22, costs, disbursements, and attorney’s fees. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $31,948.48, together with statutory interest from 11/23/22, costs, disbursements, and attorney’s fees, and for such other and further relief as the Court deems just, proper and equitable. Dated: Queens, New York December 09, 2022 _____________________________ Avi Faskowitz, Esq. The Faskowitz Law Firm, PLLC Attorneys for Plaintiff 6143 186 Street, Suite 207 Fresh Meadows, NY 11365 718.407.2464 4 of 5 FILED: KINGS COUNTY CLERK 09/18/2023 07/26/2023 10:52 12:15 AM PM INDEX NO. 521486/2023 NYSCEF DOC. NO. 6 1 RECEIVED NYSCEF: 09/18/2023 07/26/2023 PLAINTIFF VERIFICATION The undersigned, being duly sworn, deposes and says: Deponent is the manager of Plaintiff, has read the foregoing Complaint and knows the contents thereof, and that the same is true to deponents own knowledge, except as to the matters therein stated to be alleged upon information and belief and as to those matters deponent believes it to be true. The grounds of deponents belief as to all matters not stated upon deponent's knowledge are as follows: Documents and records of the plaintiff kept in the regular course of business under the supervision and control of your deponent. Plaintiff Signature Print Name 0g i ndn Sworn to me this l' DAY OF Decmher , 20 Tl Notary Signature 06 18.202 5 of 5 FILED: KINGS COUNTY CLERK 09/18/2023 08/04/2023 10:52 11:34 AM INDEX NO. 521486/2023 NYSCEF DOC. NO. 6 2 RECEIVED NYSCEF: 09/18/2023 08/04/2023 STATE OF NEW YORK AFFIDAVIT OF CONSPICUOUS SERVICE COUNTY OF KINGS SUMMONS, COMPLAINT, NOTICE OF ELECTRONIC HUDSON VIEW REALTY LLC, FILING PURSUANT TO SECTION 202.5-BB OF THE Plaintiff TRIAL COURTS -against- INDEX NUMBER 521486/2023 RAYON GAYNOR Lawfirm File #: HUDSON VIEW REALTY LLC, Defendant Client: FASKOWITZ LAW LANCELOT FAVORITE, BEING DULY SWORN DEPOSES AND SAYS AS FOLLOWS: THAT I AM NOT A PARTY TO THE WITHIN ACTION; AM A LICENSED PROCESS SERVER OVER 18 YEARS OF AGE AND RESIDE IN KINGS COUNTY, NEW YORK. DEPONENT WAS UNABLE TO SERVE: RAYON GAYNOR BY PERSONAL DELIVERY AT 573 MADISON ST., APT. 3 BROOKLYN, NY 11221 ON 08/03/2023 AT 10:02 AM DEPONENT SERVED THE ATTACHED SUMMONS, COMPLAINT, NOTICE OF ELECTRONIC FILING PURSUANT TO SECTION 202 . 5-BB OF THE TRIAL COURTS [X] BY AFFIXING ONE TRUE COPY FOR EACH TENANT/OCCUPANT UPON A CONSPICUOUS PART, TO WIT-THE ENTRANCE DOOR DEPONENT WAS UNABLE TO FIND A PERSON OF SUITABLE AGE AND DISCRETION WILLING TO RECEIVE AT THIS TIME OR DURING THE PRIOR ATTEMPTS MADE ON 08/01/2023 AT 09:14 PM AND ON 08/02/2023 AT 12:00 PM SERVICE ON THE RESPONDENTS WAS COMPLETED ON 08/04/2023 WHEN DEPONENT CAUSED TRUE COPIES OF THE WITHIN SUMMONS, COMPLAINT, NOTICE OF ELECTRONIC FILING PURSUANT TO SECTION 202.5-BB OF THE TRIAL COURTS TO BE FORWARDED TO THE RESPONDENT AT THE PREMISES, BY FIRST CLASS MAIL, BY GIVING THE SAME IN POSTPAID PROPERLY ADDRESSED ENVELOPES STAMPED PERSONAL AND CONFIDENTIAL TO A POSTAL EMPLOYEE AT THE UNITED STATES POST OFFICE IN THE STATE OF NEW YORK, FOR PROCESSING UNDER THE EXCLUSIVE CARE AND CUSTODY OF THE UNITED STATES POSTAL SERVICE. SWORN TO BEFORE ME ON: 08/04 /2023 X cel avorit - Process Server License No: 2067825 Ci Pr ss Servers - License No: 1470749 Agency NAOMI TAMAR ROSE LATT NOTARY PUBLIC State Of New York NO.01RO6340662 Qualified in Nassau County Commission Expires April 18, 2024 1 of 1