Preview
FILED: NEW YORK COUNTY CLERK 07/10/2020 02:44 PM INDEX NO. 652308/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YRK
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SECOND 820 OWNER LLC,
Index No.: 652308/2020
Plaintiff,
NOTICE TO CORPORATION
-against-
KAA IMPORTS, INC.,
Defendant.
---------------------------------------------------------------------X
TO: KAA IMPORTS, INC.
820 Second Avenue
Portion of the Ground Floor
New York, New York 10017
PLEASE TAKE NOTICE that the Summons and Complaint annexed hereto as Exhibit
"A"
was served upon KAA IMPORTS, INC. on June 18, 2020, via service upon the New York
State Secretary of State.
Dated: New York, New York
July 10, 2020
RIVKIN RADLER LLP
Attorneys for Plaintiff
By:__9asid K.
David M. Grill
20th
477 Madison Avenue, FlOOr
New York, New York 10022
(212) 455-9555
4676082v1
4887938.v1
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EXHIBIT A
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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SECOND 820 OWNER LLC, SUMMONS
Plaintiff, Plaintiff designates New York
County as the place of trial.
-against- The basis of venue is the situs of
the real property at issue
Plaintiff Resides at:
KAA IMPORTS, INC.
c/o Philips International Holding
Corp.
Defendant. 295 Madison Avenue
New York, New York 10017
----------------------------------------------------------------------X
To the above named Defendant(s):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your response, or, if the Complaint is not served with this Summons, to serve a notice of
appearance, on counsel for Plaintiff within twenty (20) days after the service of this Summons,
exclusive of the day of service (or within thirty (30) days after service is complete if this Summons
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 requested.
Dated: New York, New York
June 8, 2020
RIVKIN RADLER LLP
Attorneys for Plaintiff Second 820 Owner LLC
By: 'Dayf cf 'M. Grff
David M. Grill
20th
477 Madison Avenue, FlOOr
New York, New York 10022
(212) 455-9555
TO: KAA Imports, Inc.
820 Second Avenue
Portion of the Ground Floor
New York, New York 10017
4845021.v1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
SECOND 820 OWNER LLC,
Index No.: 652308/2020
Plaintiff,
COMPLAINT
-against-
KAA IMPORTS, INC.,
Defendant.
----------------------------------------------------------------------X
Plaintiff SECOND 820 OWNER LLC ("Plaintiff"), by and through its counsel, Rivkin
Radler LLP, as and for its Complaint against Defendant KAA IMPORTS, INC. ("Defendant"),
respectfully alleges as follows:
NATURE OF ACTION
1. This is an action for monetary damages brought by the owner and landlord of a
property located in New York, New York, against the Defendant as a result of a conceded default
in its obligation to pay rent to Plaintiff. Despite due demand made by Plaintiff upon Defendant,
Defendant has failed, refused, and neglected to pay to Plaintiff any part of the sums that are due to
it under the lease, in an amount currently exceeding $30,000.00. Finally, Plaintiff seeks recovery
of its costs, disbursements and counsel fees associated with the preparation and prosecution of this
action, to which it is entitled based on Defendant's breach of its obligations under the lease.
attorneys'
Plaintiff will seek to have the Court fix the fees, costs and disbursements at the time of
the entry of judgment in this case.
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PARTIES
2. At all relevant times, Plaintiff is and remains a limited liability company duly
organized and existing by virtue of the laws of the State of Delaware and is authorized to transact
business in the State of New York.
3. At all relevant times, Defendant is and remains a corporation duly organized and
existing by virtue of the laws of the State of New York.
FACTS RELEVANT TO ALL CLAIMS
4. Plaintiff is the owner of a retail condominium unit ("Unit") in the building located
at 820 Second Avenue, New York, New York ("Building").
5. On or about October 28, 2003 Plaintiff's predecessor-in-interest, as landlord, and
Defendant, as tenant, entered into a written lease (the "Original Lease"), as subsequently amended
pursuant to an Amendment of Lease, ("Amendment"), dated October 8, 2018, for a portion of the
ground floor storage space (hereinafter, the "Premises"), within the Unit at the Building, as more
particularly described in the Original Lease (hereinafter, the Original Lease and the Amendment
are collectively referred to as the "Lease"). The Lease is currently set to expire on February 28,
2029.
6. Pursuant to the Lease, Defendant took possession of the Premises.
7. Pursuant to the terms of the Lease, Defendant agreed to pay fixed rent in advance
on the first day of each month of the term of the Lease (the "Base Rent") without offset, deduction,
demand or notice. Currently the Base Rent pursuant to the Lease is $10,143.00 per month for the
period of November 1, 2019 through October 31, 2020.
8. In addition to the foregoing, Defendant covenanted and agreed to pay certain
additional rent ("Additional Rent") as required by the Lease.
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of 12
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AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT
"1"
9. Plaintiff repeats and reiterates the allegations contained in paragraphs through
"8"
of its Complaint with the same force and effect as if set forth at length herein.
10. Defendant failed to pay Plaintiff Base Rent and Additional Rent for the Premises
for the months of April, 2020 through June, 2020.
11. Defendant's failure to pay the required rent when due constitutes a default under
the Lease.
12. Plaintiff has duly performed all of the conditions of the Lease on its part to be
performed.
13. By virtue of Defendant's conduct and breach of the Lease as a result of its refusal
and/or failure to pay Plaintiff Base Rent and Additional Rent, Plaintiff has been damaged. As a
result, Defendant is obligated to pay Plaintiff the principal sum of $30,429.00, together with
appropriate legal interest thereon.
14. To the extent that Defendant continues to default on its obligation to pay to Plaintiff
Base Rent and Additional Rent required under the Lease after June 2020, Plaintiff is entitled to all
Base Rent and Additional Rent as may become due and owing prior to the entry of a final
judgment, and Plaintiff reserves all such rights to request such amount as a part of the final
judgment in this case.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT
"1"
15. Plaintiff repeats and reiterates the allegations contained in paragraphs through
"14"
of the Complaint with the same force and effect as if set forth at length herein.
3
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16. Pursuant to the express terms of the Lease, Defendant is liable to Plaintiff for any
and all reasonable legal fees and disbursements incurred by Plaintiff in connection with, inter alia,
Defendant's breach of the Lease.
17. As a result of Defendant's failure and/or refusal to pay rent due and owing for the
Premises as set forth above, Plaintiff has been required to retain the services of counsel and to
incur legal fees, expenses, and disbursements to enforce the terms of the Lease. Pursuant to the
terms of the Lease, Defendant is responsible to pay to Plaintiff all legal fees, costs and
disbursements associated with any enforcement of Defendant's payment obligations.
18. By reason of the foregoing, Defendant is liable to Plaintiff for the reasonable
attorneys'
fees and disbursements incurred by Plaintiff in connection with any pre-litigation
requirements as well as the preparation and prosecution of this lawsuit, in an amount to be
determined at the time of trial.
19. Accordingly, Plaintiff reserves the right to request judgment for the actual amount
then due owing from Defendant at the time of trial of the subject action.
WHEREFORE, Plaintiff demands the entry of judgment against Defendant as follows:
(i) on its First Cause of Action compensatory damages in the principal sum of
$30,429.00, together with applicable interest to the entry of judgment;
attorneys'
(ii) on its Second Cause of Action reimbursement of Plaintiff's reasonable
fees, costs and expenses incurred in connection with all pre-litigation requirements as well
as the prosecution of this action, in an amount to be determined by the Court; and
(iii) such other and further relief as this Court deems just and proper under the
attorneys'
circumstances including, but not limited to, reasonable fees and the costs and
disbursements of this action.
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Dated: New York, New York
June 8, 2020
RIVKIN RADLER LLP
Attorneys for Plaintiff Second 820 Owner LLC
By: 'Dayfcf'M. rff
David M. Grill
20th
477 Madison Avenue, FlOOr
New York, New York 10022
(212) 455-9555
5
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ATTORNEY CERTIFICATION
To the best of my knowledge, information and belief, formed after an inquiry reasonable
"frivolous"
under the circumstances, the presentation and filing of the papers herein are not as
defined in subsection (c) of section 130.1-1 ofNYCRR.
Dayfd-Sf. Grff
David M. Grill
Dated: New York, New York
June 8, 2020
4838145.v1
97 of
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FILED: NEW YORK COUNTY CLERK 07/10/2020 02:44 PM INDEX NO. 652308/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------------X
SECOND 820 OWNER LLC,
Plaintiff,
Index No. 652308/2020
- against -
KAA IMPORTS, INC.,
Defendant.
__________________________________________________________________________
X
NOTICE OF ELECTRONIC FILING
You have received this Notice because:
• The Plaintiff, whose name is listed above, has filed this case using the New York
State Courts e-filing system, and
• You are a Defendant (a party) in this case.
(CPLR § 2111, Uniform Rule § 202.5-bb)
If you are represented by an attorney: Give this Notice to your attorney. (Attorneys: see
Attorneys"
"Information on pg. 2).
If you are not represented by an attorney: you are not required to e-file. You may
serve and file documents in paper form and you must be served with documents in
paper form. as a party without an you participate in e-
However, attorney, may
filing.
Benefits of E-Filing
You can:
• serve and file your documents electronically
• view your case file on-line
• limit your number of trips to the courthouse
• pay any court fees on-line
There are no additional fees to e-file, view, or print your case records.
To sign up for e-filing or for more information about how e-filing works, you may:
• visit: www.nycourts.gov/efile-unrepresented or
• Go to the Help Center or Clerk's Office at the court where the case was filed. To find
legal information to help you represented yourself visit www.nycourthelp.gov
10 of 12
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Preview
FILED: NEW YORK COUNTY CLERK 07/10/2020 02:44 PM INDEX NO. 652308/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YRK ---------------------------------------------------------------------X SECOND 820 OWNER LLC, Index No.: 652308/2020 Plaintiff, NOTICE TO CORPORATION -against- KAA IMPORTS, INC., Defendant. ---------------------------------------------------------------------X TO: KAA IMPORTS, INC. 820 Second Avenue Portion of the Ground Floor New York, New York 10017 PLEASE TAKE NOTICE that the Summons and Complaint annexed hereto as Exhibit "A" was served upon KAA IMPORTS, INC. on June 18, 2020, via service upon the New York State Secretary of State. Dated: New York, New York July 10, 2020 RIVKIN RADLER LLP Attorneys for Plaintiff By:__9asid K. David M. Grill 20th 477 Madison Avenue, FlOOr New York, New York 10022 (212) 455-9555 4676082v1 4887938.v1 1 of 12 FILED: NEW YORK COUNTY CLERK 07/10/2020 02:44 PM INDEX NO. 652308/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/10/2020 EXHIBIT A 2 of 12 FILED:: NEW (F ILED NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/10/2020 0 6 /0 8 /2 0 2 0 02:44 10 : 15 PM INDEX INDEX NO. NO. 652308/2020 652308/2 02 0 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 1 3 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/10/2020 06/08/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X Index No.: 6 5 2 3 0 8 / 2 0 2 0 SECOND 820 OWNER LLC, SUMMONS Plaintiff, Plaintiff designates New York County as the place of trial. -against- The basis of venue is the situs of the real property at issue Plaintiff Resides at: KAA IMPORTS, INC. c/o Philips International Holding Corp. Defendant. 295 Madison Avenue New York, New York 10017 ----------------------------------------------------------------------X To the above named Defendant(s): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your response, or, if the Complaint is not served with this Summons, to serve a notice of appearance, on counsel for Plaintiff within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after service is complete if this Summons 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 requested. Dated: New York, New York June 8, 2020 RIVKIN RADLER LLP Attorneys for Plaintiff Second 820 Owner LLC By: 'Dayf cf 'M. Grff David M. Grill 20th 477 Madison Avenue, FlOOr New York, New York 10022 (212) 455-9555 TO: KAA Imports, Inc. 820 Second Avenue Portion of the Ground Floor New York, New York 10017 4845021.v1 31 of of 12 7 FILED:: NEW (F ILED NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/10/2020 0 6 /0 8 /2 0 2 0 02:44 10 : 15 PM INDEX INDEX NO. NO. 652308/2020 652308/2020 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 1 3 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/10/2020 06/08/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X SECOND 820 OWNER LLC, Index No.: 652308/2020 Plaintiff, COMPLAINT -against- KAA IMPORTS, INC., Defendant. ----------------------------------------------------------------------X Plaintiff SECOND 820 OWNER LLC ("Plaintiff"), by and through its counsel, Rivkin Radler LLP, as and for its Complaint against Defendant KAA IMPORTS, INC. ("Defendant"), respectfully alleges as follows: NATURE OF ACTION 1. This is an action for monetary damages brought by the owner and landlord of a property located in New York, New York, against the Defendant as a result of a conceded default in its obligation to pay rent to Plaintiff. Despite due demand made by Plaintiff upon Defendant, Defendant has failed, refused, and neglected to pay to Plaintiff any part of the sums that are due to it under the lease, in an amount currently exceeding $30,000.00. Finally, Plaintiff seeks recovery of its costs, disbursements and counsel fees associated with the preparation and prosecution of this action, to which it is entitled based on Defendant's breach of its obligations under the lease. attorneys' Plaintiff will seek to have the Court fix the fees, costs and disbursements at the time of the entry of judgment in this case. 42 of of 12 7 FILED:: NEW (F ILED NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/10/2020 0 6 /0 8 /2 0 2 0 02:44 10 : 15 PM INDEX INDEX NO. NO. 652308/2020 652308/2020 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 1 3 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/10/2020 06/08/2020 PARTIES 2. At all relevant times, Plaintiff is and remains a limited liability company duly organized and existing by virtue of the laws of the State of Delaware and is authorized to transact business in the State of New York. 3. At all relevant times, Defendant is and remains a corporation duly organized and existing by virtue of the laws of the State of New York. FACTS RELEVANT TO ALL CLAIMS 4. Plaintiff is the owner of a retail condominium unit ("Unit") in the building located at 820 Second Avenue, New York, New York ("Building"). 5. On or about October 28, 2003 Plaintiff's predecessor-in-interest, as landlord, and Defendant, as tenant, entered into a written lease (the "Original Lease"), as subsequently amended pursuant to an Amendment of Lease, ("Amendment"), dated October 8, 2018, for a portion of the ground floor storage space (hereinafter, the "Premises"), within the Unit at the Building, as more particularly described in the Original Lease (hereinafter, the Original Lease and the Amendment are collectively referred to as the "Lease"). The Lease is currently set to expire on February 28, 2029. 6. Pursuant to the Lease, Defendant took possession of the Premises. 7. Pursuant to the terms of the Lease, Defendant agreed to pay fixed rent in advance on the first day of each month of the term of the Lease (the "Base Rent") without offset, deduction, demand or notice. Currently the Base Rent pursuant to the Lease is $10,143.00 per month for the period of November 1, 2019 through October 31, 2020. 8. In addition to the foregoing, Defendant covenanted and agreed to pay certain additional rent ("Additional Rent") as required by the Lease. 2 of 12 53 of 7 FILED:: NEW (F ILED NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/10/2020 0 6 /0 8 /2 0 2 0 02:44 10 : 15 PM INDEX INDEX NO. NO. 652308/2020 652308/2020 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 1 3 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/10/2020 06/08/2020 AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT "1" 9. Plaintiff repeats and reiterates the allegations contained in paragraphs through "8" of its Complaint with the same force and effect as if set forth at length herein. 10. Defendant failed to pay Plaintiff Base Rent and Additional Rent for the Premises for the months of April, 2020 through June, 2020. 11. Defendant's failure to pay the required rent when due constitutes a default under the Lease. 12. Plaintiff has duly performed all of the conditions of the Lease on its part to be performed. 13. By virtue of Defendant's conduct and breach of the Lease as a result of its refusal and/or failure to pay Plaintiff Base Rent and Additional Rent, Plaintiff has been damaged. As a result, Defendant is obligated to pay Plaintiff the principal sum of $30,429.00, together with appropriate legal interest thereon. 14. To the extent that Defendant continues to default on its obligation to pay to Plaintiff Base Rent and Additional Rent required under the Lease after June 2020, Plaintiff is entitled to all Base Rent and Additional Rent as may become due and owing prior to the entry of a final judgment, and Plaintiff reserves all such rights to request such amount as a part of the final judgment in this case. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT "1" 15. Plaintiff repeats and reiterates the allegations contained in paragraphs through "14" of the Complaint with the same force and effect as if set forth at length herein. 3 64 of of 12 7 FILED:: NEW (F ILED NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/10/2020 0 6 /0 8 /2 0 2 0 02:44 10 : 15 PM INDEX INDEX NO. NO. 652308/2020 652308/2020 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 1 3 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/10/2020 06/08/2020 16. Pursuant to the express terms of the Lease, Defendant is liable to Plaintiff for any and all reasonable legal fees and disbursements incurred by Plaintiff in connection with, inter alia, Defendant's breach of the Lease. 17. As a result of Defendant's failure and/or refusal to pay rent due and owing for the Premises as set forth above, Plaintiff has been required to retain the services of counsel and to incur legal fees, expenses, and disbursements to enforce the terms of the Lease. Pursuant to the terms of the Lease, Defendant is responsible to pay to Plaintiff all legal fees, costs and disbursements associated with any enforcement of Defendant's payment obligations. 18. By reason of the foregoing, Defendant is liable to Plaintiff for the reasonable attorneys' fees and disbursements incurred by Plaintiff in connection with any pre-litigation requirements as well as the preparation and prosecution of this lawsuit, in an amount to be determined at the time of trial. 19. Accordingly, Plaintiff reserves the right to request judgment for the actual amount then due owing from Defendant at the time of trial of the subject action. WHEREFORE, Plaintiff demands the entry of judgment against Defendant as follows: (i) on its First Cause of Action compensatory damages in the principal sum of $30,429.00, together with applicable interest to the entry of judgment; attorneys' (ii) on its Second Cause of Action reimbursement of Plaintiff's reasonable fees, costs and expenses incurred in connection with all pre-litigation requirements as well as the prosecution of this action, in an amount to be determined by the Court; and (iii) such other and further relief as this Court deems just and proper under the attorneys' circumstances including, but not limited to, reasonable fees and the costs and disbursements of this action. 4 of 12 75 of 7 FILED: NEW (FILED:NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/10/2020 06/08/2020 02:44 10:15 PM INDEX INDEX NO. NO. 652308/2020 652308/2020 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 1 3 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/10/2020 06/08/2020 Dated: New York, New York June 8, 2020 RIVKIN RADLER LLP Attorneys for Plaintiff Second 820 Owner LLC By: 'Dayfcf'M. rff David M. Grill 20th 477 Madison Avenue, FlOOr New York, New York 10022 (212) 455-9555 5 of 12 86 of 7 FILED: NEW (FILED:NEW YORK YORK COUNTY COUNTY CLERK CLERK 07/10/2020 06/08/2020 02:44 10:15 PM INDEX INDEX NO. NO. 652308/2020 652308/2020 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 1 3 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/10/2020 06/08/2020 ATTORNEY CERTIFICATION To the best of my knowledge, information and belief, formed after an inquiry reasonable "frivolous" under the circumstances, the presentation and filing of the papers herein are not as defined in subsection (c) of section 130.1-1 ofNYCRR. Dayfd-Sf. Grff David M. Grill Dated: New York, New York June 8, 2020 4838145.v1 97 of o f 12 7 FILED: NEW YORK COUNTY CLERK 07/10/2020 02:44 PM INDEX NO. 652308/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X SECOND 820 OWNER LLC, Plaintiff, Index No. 652308/2020 - against - KAA IMPORTS, INC., Defendant. __________________________________________________________________________ X NOTICE OF ELECTRONIC FILING You have received this Notice because: • The Plaintiff, whose name is listed above, has filed this case using the New York State Courts e-filing system, and • You are a Defendant (a party) in this case. (CPLR § 2111, Uniform Rule § 202.5-bb) If you are represented by an attorney: Give this Notice to your attorney. (Attorneys: see Attorneys" "Information on pg. 2). If you are not represented by an attorney: you are not required to e-file. You may serve and file documents in paper form and you must be served with documents in paper form. as a party without an you participate in e- However, attorney, may filing. Benefits of E-Filing You can: • serve and file your documents electronically • view your case file on-line • limit your number of trips to the courthouse • pay any court fees on-line There are no additional fees to e-file, view, or print your case records. To sign up for e-filing or for more information about how e-filing works, you may: • visit: www.nycourts.gov/efile-unrepresented or • Go to the Help Center or Clerk's Office at the court where the case was filed. To find legal information to help you represented yourself visit www.nycourthelp.gov 10 of 12 FILED: NEW YORK COUNTY CLERK 07/10/2020 02:44 PM INDEX NO. 652308/2020 NYSCEF DOC. NO. 3