On August 02, 2021 a
Complaint,Petition
was filed
involving a dispute between
Hop Energy, Llc,
and
Nathaniel Peltack,
for Other Matters - Contract - Other
in the District Court of Sullivan County.
Preview
FILED: SULLIVAN COUNTY CLERK 08/30/2021 03:49 PM INDEX NO. E2021-1312
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/30/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
-------------------------------------------------------x Index No. E2021-1312
HOP ENERGY, LLC
Plaintiff,
-against- AMENDED COMPLAINT
NATHANIEL PELTACK
Defendant.
---------------- -----------x Our File No. 774639
Plaintiff, by its attorneys, complaining of Defendant, alleges:
1. Plaintiff is a domestic corporation.
2. Upon information and belief, Defendant resides in the county in which this action is
brought; or that Defendant transacted business within the county in which this action is brought,
whether in person or through their agents, and that the instant cause of action arose out of said
transaction.
AS AND FOR A FIRST CAUSE OF ACTION
3. On or about June 18, 2020, Plaintiff and Defendant entered into an agreement which
provided for the sale of goods and/or work, labor and services. Said agreement also provided in the
event of default in payment, Defendant would pay reasonable attorney's fees.
4. Pursuant to the aforementioned agreement and on or about June 18, 2020, Plaintiff,
at the special instance and request of Defendant, sold and delivered goods, wares, and merchandise
and/or provided Defendant with work, labor, and services in an agreed sum and reasonable value.
5. After giving Defendant credit for all payments and credits, there is still due a balance
attorneys'
of $1,145.29, with interest and fees, pursuant to said agreement. No part of said sum has
been paid, although payment has been duly demanded.
AS AND FOR A SECOND CAUSE OF ACTION
6. That heretofore, Plaintiff rendered to Defendant monthly, full, and true accounts of
the indebtedness owing by Defendant as a result of the above agreement, in an amount as
hereinabove set forth, which account statements were delivered to and accepted without objection
by Defendant resulting in an account stated for the amount set forth above.
1 of 2
FILED: SULLIVAN COUNTY CLERK 08/30/2021 03:49 PM INDEX NO. E2021-1312
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/30/2021
WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $1,145.29,
attorneys'
with interest on $1,145.29 from June 18, 2020, and fees in the sum of $275.00, or such
other sum that the Court determines to be reasonable, together with costs and disbursements.
Dated: August 30, 2021
Commack, New York
Yours, etc.
Smith Carroad Le an & Parikh, P.C.
gÚr(gna arikh, Esq.
Attorneys for Plaintiff
5036 Jericho Turnpike, Suite 201
Commack, New York 11725
(631) 499-5400
2 of 2
Document Filed Date
August 30, 2021
Case Filing Date
August 02, 2021
Category
Other Matters - Contract - Other
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FILED: SULLIVAN COUNTY CLERK 08/30/2021 03:49 PM INDEX NO. E2021-1312 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/30/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SULLIVAN -------------------------------------------------------x Index No. E2021-1312 HOP ENERGY, LLC Plaintiff, -against- AMENDED COMPLAINT NATHANIEL PELTACK Defendant. ---------------- -----------x Our File No. 774639 Plaintiff, by its attorneys, complaining of Defendant, alleges: 1. Plaintiff is a domestic corporation. 2. Upon information and belief, Defendant resides in the county in which this action is brought; or that Defendant transacted business within the county in which this action is brought, whether in person or through their agents, and that the instant cause of action arose out of said transaction. AS AND FOR A FIRST CAUSE OF ACTION 3. On or about June 18, 2020, Plaintiff and Defendant entered into an agreement which provided for the sale of goods and/or work, labor and services. Said agreement also provided in the event of default in payment, Defendant would pay reasonable attorney's fees. 4. Pursuant to the aforementioned agreement and on or about June 18, 2020, Plaintiff, at the special instance and request of Defendant, sold and delivered goods, wares, and merchandise and/or provided Defendant with work, labor, and services in an agreed sum and reasonable value. 5. After giving Defendant credit for all payments and credits, there is still due a balance attorneys' of $1,145.29, with interest and fees, pursuant to said agreement. No part of said sum has been paid, although payment has been duly demanded. AS AND FOR A SECOND CAUSE OF ACTION 6. That heretofore, Plaintiff rendered to Defendant monthly, full, and true accounts of the indebtedness owing by Defendant as a result of the above agreement, in an amount as hereinabove set forth, which account statements were delivered to and accepted without objection by Defendant resulting in an account stated for the amount set forth above. 1 of 2 FILED: SULLIVAN COUNTY CLERK 08/30/2021 03:49 PM INDEX NO. E2021-1312 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/30/2021 WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $1,145.29, attorneys' with interest on $1,145.29 from June 18, 2020, and fees in the sum of $275.00, or such other sum that the Court determines to be reasonable, together with costs and disbursements. Dated: August 30, 2021 Commack, New York Yours, etc. Smith Carroad Le an & Parikh, P.C. gÚr(gna arikh, Esq. Attorneys for Plaintiff 5036 Jericho Turnpike, Suite 201 Commack, New York 11725 (631) 499-5400 2 of 2