On October 07, 2021 a
Complaint,Petition
was filed
involving a dispute between
Gloriak Corp.,
and
M.V.B. Collision Inc.
D B A Mid-Island Collision,
for Other Matters - Contract - Other
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/07/2021
SUPREME COURT OF THE STATE OF
NEW YORK : COUNTY OF NASSAU
--------------------------------------------------------x
GLORIAK CORP.,
AFFIRMATION/
Petitioner, VERIFIED
-against- PETITION
M.V.B. COLLISION INC. dba MID-ISLAND COLLISION,
Respondent.
--------------------------------------------------------x
Petitioner states and affirms under penalties of perjury by undersigned
attorney:
1) Both parties were organized under the laws of New York.
2) Petitioner filed an action against respondent in the Nassau District
Court, First District, Index No. CV-017154-19:
Exhibit A – Court stamped copy of summons
Exhibit B – Complete summons and complaint.
3) Issue was joined in the action. Exhibit C.
4) The first two causes of action sought the principal sum of $9360
with interest. The third cause of action sought contractual attorney fees. The
action was based on petitioner having assigned its temporary employee to
respondent, respondent having signed a time sheet for her hours, the
timesheet providing for a certain fee if respondent hired the temp directly,
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FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/07/2021
respondent hired the temp and therefore owed the contractual fee,
respondent failed to pay the fee, and therefore owed contractual attorney
fees under the time sheet.
5) Petitioner moved for summary judgment in that action for $10,920
based on respondent’s admission of the starting salary of the temp. Exhibit
D.
6) The motion was opposed by defendant on the creative, novel
ground that the temp had folded over the time sheet and the provision for the
fee was folded over. (There was no allegation by respondent that it requested
to see the entire time sheet or that it was not given a copy of the time sheet
after it signed it.) Exhibit E.
7) The District Court denied summary judgment on this around.
Exhibit F.
8) Respondent thereafter deposed the petitioner.
9) Attorney’s fees had been sought in the action because the
petitioner’s time sheet, signed by respondent had a provision that “If any
delinquent amount is placed in the hands of an attorney for collection, the
client shall pay GLORIA K’s attorney his fees at the attorney’s regular
billing rate up to the principal amount due to GLORIA K.”
10) Annexed as Exhibit G is the record of hours that I have
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FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/07/2021
kept. The charges to date are in excess of $14,000. This does not include
charges for my associate, Harriette Boxer Esq., who worked on the motion
practice and prepared for and appeared for the deposition demanded by
respondent and whose charges I immediately paid as billed.
11) A memorandum of law is submitted with this petition,
demonstrating that attorney fees are combined with the principal sum sought
in order to determine the monetary jurisdiction of a court of limited
jurisdiction. The combined principal plus attorney fees is now over $10,920
X 2 ($21,840).
WHEREFORE, petitioner respectfully an order transferring to the
Supreme Court, the action of the parties filed in the Nassau District Court, First
District, Index No. CV-017154-19 and directing the clerk of Nassau District
Court, First District to transfer the file.
Dated: October 6, 2021
A m o s W e i n b e r g.
Attorney for Petitioner
Office and P.O. Address:
49 Somerset Drive South
Great Neck NY 11020-1821
Phone: (516) 829-3900.
Email: aw@awLaw.US
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FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/07/2021
SUPREME COURT OF THE STATE OF Index No
NEW YORK : COUNTY OF NASSAU
------------------------------------------------------x
GLORIAK CORP.,
Petitioner,
-against- VERIFICATION
M.V.B. COLLISION INC. dba MID-ISLAND COLLISION,
Respondent.
--------------------------------------------------------x
State of New York, County of Nassau) ss.:
AMOS WEINBERG, ESQ., attorney duly admitted to practice in the
courts of the State of New York, affirms that the following statements are
true under penalties of perjury:
Affirmant is the attorney for the petitioner.
Affirmant has read the foregoing petitoin, knows the contents thereof
and that the same are true to deponent’s own PERSONAL knowledge.
This petitioner is verified by counsel under CPLR § 3020. Verification.
*** (d) By whom verification made. The verification of a pleading shall be
made by the affidavit of the party *** except: *** 3. *** or if all the material
allegations of the pleading are within the personal knowledge of an agent or
the attorney, the verification may be made by such agent or attorney.
DATED: October 6, 2021
Amos Weinberg
4
4 of 4
Document Filed Date
October 07, 2021
Case Filing Date
October 07, 2021
Category
Other Matters - Contract - Other
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FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/07/2021 SUPREME COURT OF THE STATE OF NEW YORK : COUNTY OF NASSAU --------------------------------------------------------x GLORIAK CORP., AFFIRMATION/ Petitioner, VERIFIED -against- PETITION M.V.B. COLLISION INC. dba MID-ISLAND COLLISION, Respondent. --------------------------------------------------------x Petitioner states and affirms under penalties of perjury by undersigned attorney: 1) Both parties were organized under the laws of New York. 2) Petitioner filed an action against respondent in the Nassau District Court, First District, Index No. CV-017154-19: Exhibit A – Court stamped copy of summons Exhibit B – Complete summons and complaint. 3) Issue was joined in the action. Exhibit C. 4) The first two causes of action sought the principal sum of $9360 with interest. The third cause of action sought contractual attorney fees. The action was based on petitioner having assigned its temporary employee to respondent, respondent having signed a time sheet for her hours, the timesheet providing for a certain fee if respondent hired the temp directly, 1 of 4 FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/07/2021 respondent hired the temp and therefore owed the contractual fee, respondent failed to pay the fee, and therefore owed contractual attorney fees under the time sheet. 5) Petitioner moved for summary judgment in that action for $10,920 based on respondent’s admission of the starting salary of the temp. Exhibit D. 6) The motion was opposed by defendant on the creative, novel ground that the temp had folded over the time sheet and the provision for the fee was folded over. (There was no allegation by respondent that it requested to see the entire time sheet or that it was not given a copy of the time sheet after it signed it.) Exhibit E. 7) The District Court denied summary judgment on this around. Exhibit F. 8) Respondent thereafter deposed the petitioner. 9) Attorney’s fees had been sought in the action because the petitioner’s time sheet, signed by respondent had a provision that “If any delinquent amount is placed in the hands of an attorney for collection, the client shall pay GLORIA K’s attorney his fees at the attorney’s regular billing rate up to the principal amount due to GLORIA K.” 10) Annexed as Exhibit G is the record of hours that I have 2 2 of 4 FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/07/2021 kept. The charges to date are in excess of $14,000. This does not include charges for my associate, Harriette Boxer Esq., who worked on the motion practice and prepared for and appeared for the deposition demanded by respondent and whose charges I immediately paid as billed. 11) A memorandum of law is submitted with this petition, demonstrating that attorney fees are combined with the principal sum sought in order to determine the monetary jurisdiction of a court of limited jurisdiction. The combined principal plus attorney fees is now over $10,920 X 2 ($21,840). WHEREFORE, petitioner respectfully an order transferring to the Supreme Court, the action of the parties filed in the Nassau District Court, First District, Index No. CV-017154-19 and directing the clerk of Nassau District Court, First District to transfer the file. Dated: October 6, 2021 A m o s W e i n b e r g. Attorney for Petitioner Office and P.O. Address: 49 Somerset Drive South Great Neck NY 11020-1821 Phone: (516) 829-3900. Email: aw@awLaw.US 3 3 of 4 FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/07/2021 SUPREME COURT OF THE STATE OF Index No NEW YORK : COUNTY OF NASSAU ------------------------------------------------------x GLORIAK CORP., Petitioner, -against- VERIFICATION M.V.B. COLLISION INC. dba MID-ISLAND COLLISION, Respondent. --------------------------------------------------------x State of New York, County of Nassau) ss.: AMOS WEINBERG, ESQ., attorney duly admitted to practice in the courts of the State of New York, affirms that the following statements are true under penalties of perjury: Affirmant is the attorney for the petitioner. Affirmant has read the foregoing petitoin, knows the contents thereof and that the same are true to deponent’s own PERSONAL knowledge. This petitioner is verified by counsel under CPLR § 3020. Verification. *** (d) By whom verification made. The verification of a pleading shall be made by the affidavit of the party *** except: *** 3. *** or if all the material allegations of the pleading are within the personal knowledge of an agent or the attorney, the verification may be made by such agent or attorney. DATED: October 6, 2021 Amos Weinberg 4 4 of 4