Motion for Writ in Gloriak Corp. v. M.V.B. Collision Inc. d/b/a MID-ISLAND COLLISION| Trellis.Law

On October 07, 2021 a Exhibit,Appendix 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.

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FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/07/2021

DISTRICT COURT OF THE COUNTY OF NASSAU
FIRST DISTRICT COURT : CIVIL PART
X
GLORIAK CORP., Index No.: CV-017154-19

Plaintiff, AFFIRMATION
IN OPPOSITION
TO MOTION FOR
-against- SUMMARY JUDGMENT

M.V.B. COLLISION INC. dba MID-ISLAND COLLISION,

Defendant.
X

GINA M. ARNEDOS, an attorney duly licensed to practice law in the Courts of the State

of New York, affirms the following to be true under the penalties of perjury, as prescribed by the

CPLR:

1. I am a partner of the law firm of STEVEN F. GOLDSTEIN, LLP, attorneys for

Defendant, M.V.B. COLLISION INC. dba MID-ISLAND COLLISION, and, as such am fully

familiar with the facts and circumstances of the instant action.

2. This Affirmation is respectfully submitted in opposition to the instant Motion for

Summary Judgment filed by Plaintiff

3. In the first instance, the allegation contained in the Affidavit of Chet Gottshall that

all the facts were admitted is inaccurate.

4. The Summons and Complaint filed by Plaintiff is annexed hereto as Exhibit "A".

The Verified Answer filed and served on behalf of the defendant is annexed hereto as Exhibit "B".

5. As the Court can see, the material allegations in the Complaint were denied by

Defendant, M.V.B. COLLISION INC. dba MID-ISLAND COLLISION.

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6. Annexed hereto as Exhibit "C" is an Affidavit of Brian McGauvran, General

Manager of Defendant, MID ISLAND COLLISION. Mr. McGauvran, as a threshold matter, avers

to the fact that no contract for Plaintiff's services to be provided was entered into or presented for

signature at the time Plaintiff was engaged. Further, Mr. McGauvran avers to the fact that at the

time Sharmista Chanda (temporary employee provided by Plaintiff) presented her time sheet for

his signature, same was folded and only the time sheet was visible. As such, any and all language,

which Plaintiff alleges to be an agreement for the fee payable to Plaintiff for services rendered, was

concealed. Lastly, Mr. McGauvran avers to the fact that no contract or agreement was signed by

him or otherwise entered into between Plaintiff and Defendant.

7. It is respectfully submitted that no valid contract was entered into by the parties,

which would require Defendant, M.V.B. COLLISION INC. dba MID-ISLAND COLLISION, to

pay a fee on the salary paid to Sharmista Chanda at such time, as she was hired directly by

Defendant, M.V.B. COLLISION INC. dba MID-ISLAND COLLISION.

8. It is well settled that a valid contract requires consideration by both parties. At the

time that Plaintiff alleges to have presented the subject fee agreement to Defendant, Ms. Chanda's

services had already been provided. There was no consideration by either party prior to that time

or prior to the work performed by Ms. Chanda. As the Court of Appeals held almost one hundred

years ago, "The doctrine that past consideration is no consideration is well recognized and

universally enforced." Pershall v. Elliot, 249 N.Y. 183 (1928). Plaintiff's allegations herein fly

in the face of that rule as they are trying to enforce a "contract" using past consideration.

9. Further, for nearly one hundred years, New York Courts have recognized what

should be common sense even to a layperson, to wit, that a contract requires both sides to perform

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some future act for each other. In other words, as noted above, past consideration is no consideration.

10. In sum, because past consideration is no consideration, the terms and conditions,

which Plaintiff presents to the Court does not constitute a legally enforceable contract and

Plaintiff's Motion should be denied.

WHEREFORE, it is respectfully requested that this Honorable Court issue an Order

denying Plaintiff's Motion for Summary Judgment together with such other and further relief as

this Court may deem just, proper and equitable.

Dated: Carle Place, New York
August 28, 2020 Yours, etc.

STEVEN-F. GOLDSTEIN, LLP -

B GINA M. ARNEDOS
/Attorneys for Defendant
One Old Country Road, Suite 318
Carle Place, New York 11514
(516) 873-0011

TO: AMOS WEINBERG
Attorney for Plaintiff
49 Somerset Drive South
Great Neck, New York 11020-1821
(516) 829-3900
amos(&,AmosLegal.com

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EXHIBIT A
FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/07/2021

DISTRICT COURT OF THE COUNTY OF NASSAU Index No.
FIRST DISTRICT : CIVIL PART
x Date Purchased:

GLORIAK CORP.,

SUMMONS
Plaintiff, Plaintiff's Address:
1979 Marcus Ave. Suite C100
Lake Success NY 11042
-against-

M.V.B. COLLISION INC. dba MID-ISLAND COLLISION,

Defendant.
The basis of the venue designated is
x residence of plaintiffplaintiff
To the above named defendant:

YOU ARE HEREBY SUMMONED and required to appear in the District Court of the County
of Nassau, First District, at the office of the Clerk of the said Court at 99 Main Street, Hempstead
NY 11550, in the county of Nassau, State of New York, by serving an answer to the annexed
complaint upon plaintiffs attorney, at the address stated below, or if there is no attorney, upon the
plaintiff, at the address stated above, within the time provided by law as noted below; upon your
failure to ans d Wit taken against you for the relief de anded in the complaint,
together with -

Dated: September 23, 2019 L//J AL/ 4W
SEP 2 7 2019 Amos einberg.
Attorney for Plaintiff. Office and P.O. Address:
49 Somerset Drive South, Great Neck NY
DISTItICT COt - CIVIL TERM 11020-1821. Phone: (516) 829-3900. Email:
99 MAIN S'IREFF. HEMPSTEAD NY 11550 amos@AmosLegal.com
NOTE: I he law provides that:
(a) If this summons is served by its delivery to you, or (for a corporation) an agent
authorized to receive service, personally within the County of Nassau, you must answer within 20
days after such service;
(b) If this summons is served otherwise than as designated in subdivision (a) above, you
are allowed 30 days to answer after the proof of service is filed with the Clerk of this Court.
(c) You are required to file a copy of your answer together with proof of service with the
clerk of the district in which the action is brought within ten days of the service of the answer.

Defendant Address: 468 Lakeview Ave.
Rockville Centre. NY 11570
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DISTRICT COURT OF THE COUNTY OF NASSAU
FIRST DISTRICT - CIVIL TERM
x

GLORIAK CORP.,

Plaintiff, VERIFIED
-against- COMPLAINT

M.V.B. COLLISION INC. dba MID-ISLAND COLLISION,

Defendant.

Qom ao•eesro•seo••••••...........emaa• x
Plaintiff complains of defendant:

First Cause of Action

1) The action arose or is within the personal and subject matter jurisdiction of the

court.

2) Both parties were organized under the laws of New York.

3) Plaintiff is an employer fee paid staffing and recruitment firm.

4) Heretofore, prior to Dec. 5, 2018, defendant required labor to perform services

for defendant as a result of which defendant contacted plaintiff and requested

plaintiff to furnish a temporary worker to the offices of defendant to perform

such services required by defendant.

5) At the time of such request, defendant agreed to pay plaintiffs charges based on

the hourly time that such worker, to be sent by plaintiff to the office of defendant,

was to work for defendant. Pursuant to the said understanding, defendant was

not to pay the said worker directly but to pay plaintiff for the services of the said

worker.
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6) Upon this understanding and agreement. plaintiffsent to the offices of defendant

one of its workers, Sharmista Chanda. who commenced working for defendant

as plaintiff's temporary worker.

7) Pursuant to the parties' agreement and course of dealing, defendant signed time

sheets for plaintiff for the hours worked by Sharmista Chanda:

CLIENT TERM AND CONDITIONS
BY my siirmom below I ccnify that the hours recorded Ity your GLORIA K employee on this slices arc correeL.T11: woe.; WAS porrovnec in 4 a:aisle:cry manner.
in corisidertrinn of your havinst furnished the satisfactory services of the ternpnamy employee (temp) named belOw, we avec ilaor if chthin the next 165 daYs we. or any
afIllitile of Dun, Or any party with which we share office r,o,tcsz„ anploy or comma this or any future imp; or,si:ned to nos by you, directly on Indirectly Or thrnagh anothed
lemporryarr.lee. ez..-areet.sal placer.mrst fee shall immxlintely become du: to you computed by the sintdrud rum nf 1% per each 51,(t0, to a maximum .of 30.1 of the
tc (the secular starting vsockly wage ft 52 arena) paid to er for aunt pcisoa Such fee payable to you sh111 nut he less thou n,sut We may not avoid
orooKiaed o.vAi
payment of any tempo-soy labor bill becsuse of any Fenian:Se icor:striation by Inc temp billed.
If wr 101 to pity the sums slue to GLOM K livid our delinquent acoount is given to an attorney fan l itigctiun or collection, vr: shall also pay K's outline, his fees at
the attorney's regular billing rule up to the principal amooat der to OLOKIA
Unless assioed sprat :err the purposes, the Client sh.oll nut audit= or cause our employees. to operate machinery, automobiles. trueSo or other wtorrutisc ey wptnan
ssithout first oblainms-writIca zoomern from GLORIA K.
It is anderslood that GLORIA K will nut he liable for physical loss or daniattes caused by any GI ORIA K employe: in the course al his/her wort; lncludint the operation of
any motor vehicle whether owned or rented It is understood that 01.03(1A K will net be liable for the criminal abanection and/or conversion of assets,. negutizbles -and,or
sox:Mlles Of client's Cornthiration
She client Mail not advance car dr odic! rule...toles to oth Employee:: for any realm end the client apcisiall) waives ally 'end :11 ;lents to offset the smouni of value of such
cash U7 valuchle :Astons :es, amin it any clone) owed to (11.01Z1,\
The client aeleanwIedger one underman& that GLORIAK invoices arc far labor and Ulcerous intro** to pay such invoices upon rceellta.'lf tiny dalinourini amount is &cad in •
the bands of an attorney for colleetinn, die client shall pay CiL0111A K's attorney Iris lies tit the minmey's rattails: billing rate sip to ihrpnnoipal _amount duo to GLORIA K.
All authorized vt orlt performed In excess of 40 bourn per weels (illun..Sun) will be billed at flute oo:i one 1131f tae regular rate Approval musr,k (Molinari Stem
GLORIA K by the Client !scree( overtime can be wethurizert

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ID elralvn.serre Cogelttone 45,,••. YOUR RECO:WS.
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to TNIF,.C.:101.1tn7rT
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N. AP P.1040 Hot 7D el-M14DU having suatiOK.11 the 1.tisfisatiel. services, of the temp: wary cmploycc (=to maned bolow, we ogle.: that if ,aitton d>r next 365 Ours W•r, Or ralY
of cuts, of orp Any with we sK 1 M OM= SPart. employ Cr cone el this or any future Imps ...s.%iLned to us by cr iridircttly or thrtiuglY"anOtset
ternPozzlY lunge. a fAXItractori piceen.at fee shalt inunecli=ety become due to you computed by the grintiard rule or 1% per each 51.000, to it Mind:sum elf 30% of the
anitraloxi wove (the regular stank; weckly wage weel•S) peal to or for such pawn Such ft: fay :isle to you shall not be less thee; S2,5110, We may -nut avoid
paywarnt arty itouperary labor bill betith: of any promztuee termination ay the temp
we fail to pay the mum due to tit.ORIA I and our dtlinqoent ACCOOM is given to .ao attorney fur litizathm Lt shall also p:.y GLORIA K's anorzey his foot et
the attemey's ier:ider tUte up to the principal amount due W GLORIA K.
Lrile.ss 'assigned spozineolb' for :in putpstacs, the Client shut) not authorize or etuSt Otis emplOyeas to operate ma:hthcry, autornobikzi trucks or other eutornotiva coo-to/vent
without first Ab:Aislins C17,1:Fait from i3LOR1A K.
It is understood that (11,ORIA R will not be 'rabic for physical toss or diunailes cowed by any GLORIA K cen210Yee ilk the t:Cutac of Mather work,tnolarlinit the operittion of
any motor vehicle whether owned or ratted. 1: i• understood that ()LORI', 1; will net be liable for the criminal absunemun uod:m coot or 4,345. nt,31ithle3 2AdiCr
securities of client's cereal:oder,
1 is clot xh3li tat bilvancz t-1,1 or uthr vJuables lc, Our rinplayec fir any reason and the client specialty waives any and all rights to °Mal the amount of value Of such
cash or valuable advanced against any money owed to GLORIA R.
The elicit eel tilevledp,er ntnl imilebsnrids that GLORIAR MvoiCc: we for labor and utett.fute brines to pay such invoices open receipt, It :my delinquent amount is placed in
the handtrof an maguey An collation, the client shall pay GLORIA 1.; 'I atkonry his Ices et the artorney's regular batik; late up In the principtil .iiiisounedue to GLORIA K..
All authorized well( performed In excem of 40 moan per week (Mon.$un) will bs billed al firer and one half the regular rate Approval MUST be obtained flora
01.0RIA K by the Client before urcrumc con h. Aliorired.

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1311111e. dr.1 y YY9.. ,p.or ...,djr.k."
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8) Thereafter, On Or about Dec. 5, 2018, without notice to the plaintiff, nor

plaintiffs knowledge or consent, defendant hired and employed Sharmista

Chanda outside of the prior assignment by plaintiff.

9) Upon hiring and employing or having Sharmista Chanda work for it outside of
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the assignment of Sharmista Chanda by plaintiff, defendant no longer informed

plaintiff any more of the hourly time worked by Sharmista Chanda, no longer

filled out any time sheet of plaintiff for Sharmista Chanda, and had the wages of

Sharmista Chanda paid either directly or by a source other than plaintiff.

10)Upon hiring and employing or having Sharmista Chanda work for it outside of

the assignment of Sharmista Chanda by plaintiff, defendant intended not to pay

plaintiff any commission for any future hours worked by Sharmista Chanda.

11)Shamiista Chanda was employed in some capacity by defendant outside of his

assi ent by plaintiff.

I2)Sharmista Chanda was hired by defendant as a result of the referral and

introduction by plaintiff to defendant of Sharmista Chanda.

13) Sharmista Chanda worked for defendant outside of his assignment by plaintiff.

14)The said conduct and intent by defendant constituted a breach of the parties

agreement under which plaintiff had assigned Sharmista Chanda to work for

defendant.'

Robert H. Smith Corp. v. Kraushaar, 34 N.Y.S.2d 356, 359, Sup. Ct. Queens
Cty. [1942]:
"In such case the conveyance is an act inconsistent with the recognition of the
contract and, as we have seen, amounts to a breach.' Suburban Improvement
Co. v. Scott Lumber Co., 4 Cir., 67 F.2d 335, 338, 90 A.L.R. 330."
22A NY Jur 2d Contracts, Sec. 420 [1996]: "[W]here a party to a *** contract
fails to comply with the duty imposed by the terms of the contract, a breach
results for which an action may be maintained to recover the damages sustained
thereby."

7
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15)The damages due to plaintiff for the breach of contract were determined by the

provisions of the above reproduced time sheets.

16)Defendant signed the said time sheets for Sharmista Chanda which, among

others, verified the hours worked by Sharmista Chanda.

17)The time sheet was signed by Brian (disregard any spelling error).

18)Brian was employed by defendant.

19)Brian was the supervisor of Sharmista Chanda.

20)Brian was authorized to sign the time sheet on behalf of defendant for the

purpose of verifying the hours worked.

21)Sharmista Chanda acted properly in having Brian sign the time sheet.

22)Brian was authorized to sign the time sheet on behalf of defendant.

23)Pursuant to the time sheet signed by defendant, and provisions incorporated

therein, defendant agreed to pay plaintiff an agreed fee in the event that

defendant hired Sharmista Chanda outside of the assignment of Sharmista

Chanda by plaintiff.

24)Sharmista Chanda was employed by defendant at a starting pay of $15 per hour.

25)Sharmista Chanda was employed by defendant at a starting annualized salary of

$31,200.

26)Pursuant to the said time sheet signed by defendant, and provisions incorporated

therein, there then became due and owing by defendant to plaintiff the fair and

reasonable and agreed fee of 30% of the said starting salary, equaling $9,360.00

due and owing to plaintiff, payment billed and failed or refused.

8
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27)Time sheet provisions for a fee to the temporary service upon its temp being

hired directly by the client have been uniformly enforced by the courts. Robert

Half v National Center For Health Education, N.Y.L.J., April 14, 1998, p. 25, c.

2, App. Term, First Dept.; Career Blazers of White Plains vs. Northern

Homefunding Corp., 194 Misc. 2d 518; Snelling Personnel v Sakar Ltd.,

N.Y.L.J. Jan. 27, 2000, pg. 32, c. 1 (Nass. Dist. Ct.). The signed time sheets are

generally enforceable like any other signed document. American Utex Intl. v

ICC Corp., 74 A.D.2d 747, First Dept., affd 52 N.Y.2d 888; Blair v County of

Albany, 127 A.D. 2d 950, Third Dept. [1987]. The size or legibility of the print

is not material. Gillman v Chase Manhattan, 135 A.D.2d 488, 490, 491, Second

Dept. [1987].

28)Liquidated damages are to be treated like almost any other contract provision,

with the burden on the party opposing enforcement to prove "fraud, exploitive

overreaching or unconscionable conduct" JMD Holding v Congress Financial, 4

N.Y.3d 373, 380 [2005].

29)The 30% fee required, here, on a $31,200 salary, accords with the normal

employment agency fee due on commencement of employment of the candidate.

Robert Half Inc. v Mgt Corp., 102 Misc 2d 317, Appellate Term, First Dept.

("The fair and reasonable value of pliintiffs services was established by the

plaintiffs witness who qualified as an expert on employment agency fees, a

status not disputed by defendant. He testified that on a salary of $22,000, the

'standard fee would be 22%'."); Mestel & Company v Smythe Masterson &

9
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Judd, 215 A.D.2d 329, 330, First Dept. [1995] ("The trial court also properly

determined that defendant K&E was required to pay defendant Smythe $259,530

plus interest from June 1, 1991, representing 30% of Cowen's total first year

compensation of $865,100 as a K&E partner, as a placement fee for the Cowen

placement *** as an appropriate basis for the quantum meruit award".) The

damages to which an employment agency is entitled when its former temp is

hired is normally 1% per thousand to a maximum of 30% of the starting

annualized salary. Action Fashion Personnel v Warner's Intimate Apparel div.

Warnaco, 154 Misc. 2d 170, Civ. Ct. [1992] (30% fee of $34,000 salary); Robert

Half v Levine-Baratto, 126 Misc. 2d 169, 170, Civ. Ct. N.Y. Cty. [1984] (25%

of $25,000 salary); Robert Half v National Center For Health Educ., N.Y.L.J.

Apr. 14, 1998, p. 25, c. 2, App. Term, First Dept. (""[P]laintiffs motion for

summary judgment in the amount of $14,500 is granted. *** Plaintiff, an

employment agency, seeks to recover a $14,500 fee allegedly earned upon the

defendant's full-time hiring of a temporary employee referred by plaintiff*** in

an amount based on the employee's annual salary. *** an annual salary of

$50,000").

30)The per cent per thousand to a maximum of 30% liquidated damage provision is

a fair estimate, of the full extent of the injury that would be sustained by plaintiff

as a result of breach of the agreement, if a full fee was charged.

31)Pursuant to the said time sheet signed by defendant, and provisions therein, there

became due and owing by defendant to plaintiff the contractual fee of $9,360.00.

10
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32)Defendant failed or refused to pay any fee to plaintiff for defendant's direct

employment of Sharmista Chanda.

SecoLi Ca use of Action
33)If the Court refuses enforcement of the time sheet in order to determine the

amount of plaintiff's damages, the plaintiff respectfully requests judgment upon

unjust enrichment, value had and received, quantum meruit, etc.2

34)The time sheet did inform defendant of the amount of damages sought.3

35)The receipt by defendant of the time sheet is by itself sufficient alternative proof

Potter v. Emerol Mfg. Co., 275 A.D. 265, 268-269, First Dept. [1949]:
"There remains for consideration the plaintiffs' causes of action in quantum
meruit. The defendant concedes that the plaintiffs may resort to quantum meruit
even after an unsuccessful suit in contract. (See Elsfelder v. Cournand, 270 App.
Div. 162.) The question, however, is whether these counts have been properly
pleaded so as to withstand the defendant's motion to dismiss. They appear to be
based on the identical agreement alleged under the contract causes of action. *
* * The plaintiffs, however, may each have a cause of action in quantum meruit
that can be established independently of any express agreement with the
defendant. If so, they may plead the same in a proper manner by way of an
amended complaint alleging the rendition of services at the request of the
defendant and their reasonable value."
3Fashion Careers v Alex Apparel, 180 Misc. 2d 95, 96, App. Term, First Dept.
[19991:
"Defendant's conduct in hiring the job candidate referred by plaintiff, together
with its demonstrated knowledge that a specified fee structure would become
operative upon such hiring, constituted acceptance of the terms on which the
referral was offered (see, Costello Assocs. v Standard Metals Corp., 99 AD2d
227, 231, appeal dismissed 62 NY2d 942)."

11
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of the amount due.'

Third Cause of Action

36)The above reproduced timesheets also obligated defendant to pay plaintiff's

attorney fees.

37)The billing rate of plaintiff's attorney since January 2007, and continuing, has

been $400 per hour.

38)The time spent is presently recorded below.

WHEREFORE, plaintiff respectfully demands judgment against defendant for

$9,360.00 with interest from Dec. 5, 2018 and costs.

Dated: September 23, 2019

Amos Weinberg.
Attorney for Plaintiff
Office and P.O. Address:

4 Robert Half Inc. v Mgt Corp., 102 Misc 2d 317, App. Term, First Dept. [1979]:
"[E]ven assuming that the court erred in concluding that there had been an
agreement between the parties as to the fee, the plaintiff would have been entitled
to recover in quantum meruit for the fair and reasonable value of the services
rendered [citation]. The fair and reasonable value of plaintiffs services was
established by the plaintiffs witness who qualified as an expert on employment
agency fees, a status not disputed by defendant. He testified that on a salary of
$22,000, the 'standard fee would be 22%'. In Pilot Employment Serv. v
Afrointernational Corp. [], this court considered an employment agency contract
wherein the oral agreement of the parties was silent as to the amount of the
agency's fee. We there adopted the fee schedule contained in subdivisions 4 and
7 of section 185 of the General Business Law 'in the absence of any other
testimony'. 'In this case, since the testimony as to the value of the services
rendered was supplied by an expert witness, recourse to the schedule set forth in
subdivision 7 of section 185 of the General Business Law would not be required."
Same, Winston Personnel v Miller-Druck, N.Y.L.J. 5/24/95, p. 25, c. 6, App.
Term, First Dept.:

12
FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/07/2021

49 Somerset Drive South
Great Neck NY 11020-1821
Phone: (516) 829-3900.
Email: aw@awLaw.US
Addendum of Attorney time:
Sep. 19:
9:20 a.m. — 12:20 PM; 1;30 PM — 4:25 PM: Review of initial documents emailed.
Investigation with Internet and NYS Department of State, Bureau of Corporations web
sites, for exact identity of defendant. Email to client if had prior check. Preparation of
Excel data source record. Preparation of MS Word case file. Preparation of complaint.
Email to client of progress.
Sep. 23
8:55 a.m. — 10:05 a.m.: Preparation of summons, completion of complaint,
verification, transmittal documents. Preparation of attorney fee agreement Email to
client of complaint and verification with instructions.
Sep. 24
12:40 PM — 1:15 PM: Email from client with verification. Review file and emails.
Further completion of complaint with attorney time. Assembly of documents for
paralegal.

13
FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/07/2021

DISTRICT COURT OF THE COUNTY OF NASSAU Index No.
FIRST DISTRICT - CIVIL TERM
•I0 M.=
-x
a•••••••••••114 •••111.21.1.4.40.010 •••••.1.010papso..11.1.1.6.0....1,

GLORIAK CORP.,

Plaintiff, AFFIDAVIT and
-against- VERIFICATION

M.V.B. COLLISION INC. dba MID-ISLAND COLLISION,

Defendant.

MAD 410.11.4**041.110•0

State of New York, County of Nassau, ss.:

Chet Gottshall, being duly sworn, deposes and says:

I am president of the plaintiff, which charges fees only to the companies and

employers with whom we find people jobs.

I have read the allegations of the complaint and the same are true to my own

knowledge, except as to the allegations of:

the court's jurisdiction

6 the legal citations

the latter of which I believe to be true upon information and belief based upon the

legal advice, and research of counsel.

I have negotiated hundreds of placement fees in the course of my duties as an officer

of an employment agency in the business of employee placement, staffing and recruitment.

The percent per thousand to a maximum of 30% of the starting annualized salary charged

by plaintiff's time sheet is a fair approximation of the full fee for placement of an employee
FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/07/2021

where there is neither any negotiation of a discount for multiple placements nor any

projection of additional job orders.

Chet Gottshall
Sworn to before me
September 23, 2019

Uael'elt-1%,L4. tha
(5t.e.
ary Public

IMAM MUM
BS MIX. WOE OF Itswvra
No. 01
Qual16ed In Napinforp
My Commission Expires 7
FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/07/2021

Index No.

DISTRICT COURT OF THE COUNTY OF NASSAU
FIRST DISTRICT - CIVIL TERM

GLORIAK CORP.,

Plaintiff,
-against-

M.V.B. COLLISION INC. dba MID-ISLAND COLLISION,

Defendant.

x
SUMMONS AND VERIFIED COMPLAINT
x

Amos Weinberg
Attorney for Plaintiff
Office and P.O. Address
49 Somerset Dr. S.
Great Neck, N.Y. 11020
(516) 829-3900 email: aw@awLaw.US
FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/07/2021

State of New York - Department of State
Division of Corporations

Party Served: Plaintiff/Petitioner:
M.V.B. COLLISION INC. GLORIAK CORP

STEVEN GOLDSTEIN
20 LAKEVIEW AVE
STE 318
ROCKVILLE CENTRE, NY 11570

Dear Sir/Madam:
Enclosed herewith is a legal document which was served upon the Secretary of
State on 11/07/2019 pursuant to SECTION 306 OF THE BUSINESS CORPORATION LAW.
This copy is being transmitted pursuant to such statute to the address
provided for such purpose.

Very truly yours,
Division of Corporations
FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/07/2021

EXHIBIT B
FILED: NASSAU COUNTY CLERK 10/07/2021 11:42 AM INDEX NO. 612818/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/07/2021

DISTRICT COURT OF THE COUNTY OF NASSAU
FIRST DISTRICT COURT : CIVIL PART
X
GLORIAK CORP., Index No.: CV-017154-19

Plaintiff, VERIFIED ANSWER

-against-

M.V.B. COLLISION dba MD-ISLAND COLLISION,

Defendant.
X

Defendant, M.V.B. COLLISION dba MID-ISLAND COLLISION, by and through its attorneys,

STEVEN F. GOLDSTEIN, LLP, as and for its Verified Answer to the Verified Complaint of the plaintiff

Case Info

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James Mccormack Track Judge’s New Case

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October 07, 2021

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October 07, 2021

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Exhibit,Appendix: Gloriak Corp. v. M.V.B. Collision Inc. d/b/a MID-ISLAND COLLISION

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