Preview
FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/22/2023
EXHIBIT 1
FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/22/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
M&T BANK
Plaintiff/Petitioner,
- against - 70
Index No.
BERNAL SOLUTIONS LLC,
ESTHER S. RElZES a/ka/ ESTHER RElZES a/k/a
COTLjCD O I AtAFChlDCIM oft,/., COTL.1CD
Defendant/Respondent.
------------------------------------------------------------------x
NOTICE OF ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202.5-bb)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
" If you are representedbyan attorney:
Attorneys"
Give this Notice to your attorney. (Attomeys: see "Information for pg. 2).
" if you are not represented an attorney:
by
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.
1.f you choose to participate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection
to the internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
" and your documents electronically
serving filing
" free access to view and print your e-filed documents
" limiting your number of trips to the courthouse
" paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
" visit: www.nycourts.gov/efile-unrepresented or
" contact the Clerk's Office or Help Center at the court where the case was filed. Court
contact information can be found at www.nycourts.qov
Page 1 of 2 6/6/18 EFM-1
FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/22/2023
To find legal information to help you represent yourself visit www.nycourthelp.gov
Information for Attorneys
(E-filing is Mandatory for Attorneys)
An attorney representing a party who is served with this notice must either:
1) immediately record his or her representation within the e-filed matter on the
NYSCEF site www.nycourts.qov/efile ; or
2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending and serve on all parties. Exemptions from mandatory e-filing are limited to
attomeys who certify in good faith that they lack the computer hardware and/or
scanner and/or internet connection or that they lack (along with all employees subject
to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)]
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: nyscaf Ænvcourts.gov).
Dated: 06/14/2023
Richard J. Biryla 800 Rand Building, 14 Lafayette Square
Name Address
Getman & Biryla, LLP
Buffalo, NY 14203-1995
Firm Name
716-853-4340
Phone
rbiryla@getmanbiryla.com
E-Mail
To: Bernal Solutions LLC
22 High Mountain Road
Pomona, NY 10970
Index # Page 2 of 2 6/6/18 EFM-1
FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/22/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
----------------------------------------------------x
M&T BANK
Plaintiff/Petitioner,
- against - Index No. 3Db 9093
BERNAL SOLUTIONS LLC,
ESTHER S. RElZES a/ka/ ESTHER RElZES a/k/a
COTlJCD O I AtarchlOCIAA all,fe COTL.1CC
Defendant/Respondent.
.
-x
NOTICE OF ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202.5-bb)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
" If you are represented by an attorney:
Attorneys"
Give this Notice to your attorney. (Attomeys: see "Information for pg. 2).
" If you are not represented an attorney:
by
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.
if you choose to participate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection
to the internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
" serving and your documents electronically
filing
" free access to view and print your e-filed documents
" your number of trips to the courthouse
limiting
" paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
" visit: www.nycourts.qov/efile-unrepresented or
" contact the Clerk's Office or Center at the court where the case was filed. Court
Help
contact information can be found at www.nycourts.gov
Page 1 of 2 6/6/18 EFM-1
FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/22/2023
To find legal information to help you represent yourself visit www.nycourthelp.qov
Information for Attorneys
(E-filing is Mandatory for Attorneys)
An attorney representing a party who is served with this notice must either:
1) immediately record his or her representation within the e-filed matter on the
NYSCEF site www.nycourts.qov/efile ; or
2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending and serve on all parties. Exemptions from mandatory e-filing are limited to
attorneys who certify in good faith that they lack the computer hardware and/or
scanner and/or internet connection or that they lack (along with all employees subject
to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)]
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: nvscef@nvcourts.gov).
Dated: 06/14/2023
Richard J. Biryla 800 Rand Building, 14 Lafayette Square
Name Address
Getman & Biryla, LLP
Buffalo, NY 14203-1995
Firm Name
716-853-4340
Phone
rbiryla@getmanbiryla.com
E-Mail
To: ESTHER S. RElZES a/k/a ESTF
109 Overlook Road, Pomona, N
and/or 22 High Mountain Road,
Index # Page 2 of 2 6/6/18 EFM-1
FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023
NYSCEF
FILED
DOC. NO. 10COUNTY
ERIE
RECEIVED
INDEX NYSCEF:
NO. 11/22/2023
807288/2023
: CLERK 4 :
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2023
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
M&T BANK
One M&T Plaza
Buffalo, New York 14203, Index No.:
Plaintiff,
vs.
SUMMONS
BERNAL SOLUTIONS LLC
22 High Mountain Road
Pomona, New York 10970,
ESTHER S. REIZES
a/k/a ESTHER REIZES
a/k/a ESTHER S. LOWENBEIN
a/k/a ESTHER LOWENBEIN
109 Overlook Road
Pomona, New York 10970
and/or
22 High Mountain Road
Pomona, New York 10970,
Defendants.
To the above named Defendants:
YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiffs
attorney, at the address stated below, a written Answer to the attached Complaint.
If this Summons is served upon you within the State of New York by personal service
you must respond within 20 days after service, not counting the day of service. If this Summons
is not personally delivered to you within the State of New York you must respond within 30 days
after service is completed, as provided by law.
If you do not respond to the attached Complaint within the applicable time limitation
stated above, Judgment will be taken against you, by default, for the relief demanded in the
Complaint.
This action is brought in the County of Erie because of Plaintiff's place of business and/or
residence.
1 of 7
FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023
NYSCEF DOC. NO. 10 RECEIVED
INDEX NYSCEF:
NO. 11/22/2023
807288/2023
FILED : ERIE COUNTY CLERK 06/14/2023 11:47 AH
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2023
DATED: Buffalo, New York
June 8, 2023
GETMAN & BIRYLA, LLP
By:
Ric J iryla, Esq.
Attorneys for aintif
800 Rand Bui ding
14 Lafayette Square
Buffalo, New York 14203-1995
Tel. (716) 853-4340
2 of 7
FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023
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FILED
DOC. NO. 10 RECEIVED
INDEX NYSCEF:
NO. 11/22/2023
807288/2023
: ERIE COUNTY CLERK 1 :
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2023
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
M&T BANK
One M&T Plaza
Buffalo, New York 14203,
Plaintiff, VERIFIED COMPLAINT
vs.
Index No.
BERNAL SOLUTIONS LLC
22 High Mountain Road
Pomona, New York 10970,
ESTHER S. REIZES
a/k/a ESTHER REIZES
a/k/a ESTHER S. LOWENBE1N
a/k/a ESTHER LOWENBEIN
109 Overlook Road
Pomona, New York 10970
and/or
22 High Mountain Road
Pomona, New York 10970,
Defendants.
Plaintiff, by its attorneys, Getman & Biryla, LLP, as and for its Complaint against the
Defendants, alleges as follows:
PARTIES
1. Plaintiff, M&T Bank, also known as Manufacturers and Traders Trust Company
('M&T"
or the "Bank"), is a New York banking corporation with a place of
business located at One M&T Plaza, Buffalo, New York 14203.
2. Upon information and belief, Defendant, Bernal Solutions LLC ("Bernal"), is a
New York limited liability company duly authorized to transact business in the
State of New York maintaining an office for the transaction of business now or
formerly at 22 High Mountain Road, Pomona, New York 10970.
3. Upon information and belief, Defendant, Esther S. Reizes a/k/a Esther Reizes
a/k/a Esther S. Lowenbein a/k/a Esther Lowenbein ("Reizes"), is an individual
residing at and/or maintaining an oBice for the transaction of business 109
Overlook Road, Pomona, New York 10970 and/or 22 High Mountain Road,
3 of 7
FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023
NYSCEF NO. 807288/2023
INDEX NYSCEF:
FILED DOC.
:
NO. 10COUNTY
ERIE CLERK 3 :
RECEIVED 11/22/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2023
Pomona, New York 10970.
GENERAL ALLEGATIONS
4. That on or about March 17, 2020, for valuable consideration received, Bernal
made, executed, and delivered to the Bank a certain Express Business Application
requesting a commercial business access fine of credit in the original principal
amount of $100,000.00 (the "Application"). Pursuant to N.Y. U.C.C. § 9-105,
attached hereto as part of Exhibit A is a true copy of the Application.
5. That on or about April 3, 2020, the Bank issued approval of a Business Access
Line of Credit to Bernal in the original principal amount of $100,000.00. Bernal
agreed to repay the Business Access Line of Credit upon the terms set forth in the
Business Access Line of Credit Agreement received in conjunction therewith.
That thereafter funds were advanced from time to time. Pursuant to N.Y. U.C.C. §
9-105, attached hereto as part of Exhibit A are true copies of the approval letter
issued by the Bank on or about April 3, 2020 (the "Approval Letter") and the
Business Access Line of Credit Agreement issued to Bernal upon approval of the
Application (the "Agreement") (collectively with the Application, the
"Obligation").
6. The Bank is the owner and holder of the Obligation.
7. Bernal is in default under the Obligation, without limitation, for failure to make
payment when due, despite the Bank's due demand therefor.
8. That on or about May 26, 2023, as a result of Bernal's default, the Bank, by and
through its attorneys, Getman & Biryla, LLP, demanded of Defendants immediate
payment of all sums due under the Obligation. Despite the Bank's due demand,
Defendants have failed and/or refused to make payment as demanded. Attached
hereto as Exhibit B is a true copy of the demand / acceleration letter (the
"Demand Letter").
9. There is now justly due and owing from Bernal to the Bank, under the Obligation,
the sum of One Hundred Nine Thousand Two Hundred Forty-Six and 41/100
Dollars ($109,246.41), plus interest at the default rate of 14.9% per annum from
attorneys'
May 24, 2023, together with additional late fees, if any, costs, expenses,
fees and all other sums as provided for under the Obligation.
AS AND FOR A FIRST CAUSE OF ACTION
AGAINST DEFENDANT BERNAL
10. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 9
of the within Complaint as though fully set forth at length herein.
4 of 7
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DOC. NO. 10 RECEIVED
INDEX NYSCEF:
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: ERIE COUNTY CLERK 4 1 : 7
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2023
11. By reason of the foregoing, the Bank is entitled to recover from Bernal the sum of
One Hundred Nine Thousand Two Hundred Forty-Six and 41/100 Dollars
($109,246.41), plus interest at the default rate of 14.9% per
annum from May 24,
attorneys'
2023, together with additional late fees, if any, costs, expenses, fees and
all other sums as provided for under the Obligation.
AS AND FOR A SECOND CAUSE OF ACTION
AGAINST DEFENDANT REIZES
12. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 11
of the within Complaint as though fully set forth at length herein.
13. That on or about March 17, 2020, Reizes made, executed, and delivered to M&T a
certain Guaranty (the "Reizes Guaranty"), whereby Reizes guaranteed payment of
all sums owed by Bernal to the Bank including, but not necessarily limited to,
under the Obligation, Pursuant to N.Y. U.C.C. § 9-105, attached hereto as part of
Exhibit A is a true copy of the Reizes Guaranty.
14. By reason of the foregoing, the Bank is entitled to recover from Reizes the sum of
One Hundred Nine Thousand Two Hundred Forty-Six and 41/100 Dollars
($109,246.41), plus interest at the default rate of 14.9% per annum from May 24,
attorneys'
2023, together with additional late fees, if any, costs, expenses, fees and
all other sums as provided for under the Obligation and the Reizes Guaranty.
WHEREFORE, Plaintiff, M&T Bank, demands judgment against the Defendants as
follows:
A. Against Defendant, Bernal Solutions LLC, upon the First Cause of Action in the
sum of One Hundred Ni
Preview
FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/22/2023 EXHIBIT 1 FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/22/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE M&T BANK Plaintiff/Petitioner, - against - 70 Index No. BERNAL SOLUTIONS LLC, ESTHER S. RElZES a/ka/ ESTHER RElZES a/k/a COTLjCD O I AtAFChlDCIM oft,/., COTL.1CD Defendant/Respondent. ------------------------------------------------------------------x NOTICE OF ELECTRONIC FILING (Mandatory Case) (Uniform Rule § 202.5-bb) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. " If you are representedbyan attorney: Attorneys" Give this Notice to your attorney. (Attomeys: see "Information for pg. 2). " if you are not represented an attorney: by You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. 1.f you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: " and your documents electronically serving filing " free access to view and print your e-filed documents " limiting your number of trips to the courthouse " paying any court fees on-line (credit card needed) To register for e-filing or for more information about how e-filing works: " visit: www.nycourts.gov/efile-unrepresented or " contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.qov Page 1 of 2 6/6/18 EFM-1 FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/22/2023 To find legal information to help you represent yourself visit www.nycourthelp.gov Information for Attorneys (E-filing is Mandatory for Attorneys) An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site www.nycourts.qov/efile ; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all parties. Exemptions from mandatory e-filing are limited to attomeys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)] For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: nyscaf Ænvcourts.gov). Dated: 06/14/2023 Richard J. Biryla 800 Rand Building, 14 Lafayette Square Name Address Getman & Biryla, LLP Buffalo, NY 14203-1995 Firm Name 716-853-4340 Phone rbiryla@getmanbiryla.com E-Mail To: Bernal Solutions LLC 22 High Mountain Road Pomona, NY 10970 Index # Page 2 of 2 6/6/18 EFM-1 FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/22/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ----------------------------------------------------x M&T BANK Plaintiff/Petitioner, - against - Index No. 3Db 9093 BERNAL SOLUTIONS LLC, ESTHER S. RElZES a/ka/ ESTHER RElZES a/k/a COTlJCD O I AtarchlOCIAA all,fe COTL.1CC Defendant/Respondent. . -x NOTICE OF ELECTRONIC FILING (Mandatory Case) (Uniform Rule § 202.5-bb) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. " If you are represented by an attorney: Attorneys" Give this Notice to your attorney. (Attomeys: see "Information for pg. 2). " If you are not represented an attorney: by You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. if you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: " serving and your documents electronically filing " free access to view and print your e-filed documents " your number of trips to the courthouse limiting " paying any court fees on-line (credit card needed) To register for e-filing or for more information about how e-filing works: " visit: www.nycourts.qov/efile-unrepresented or " contact the Clerk's Office or Center at the court where the case was filed. Court Help contact information can be found at www.nycourts.gov Page 1 of 2 6/6/18 EFM-1 FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/22/2023 To find legal information to help you represent yourself visit www.nycourthelp.qov Information for Attorneys (E-filing is Mandatory for Attorneys) An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site www.nycourts.qov/efile ; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all parties. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)] For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: nvscef@nvcourts.gov). Dated: 06/14/2023 Richard J. Biryla 800 Rand Building, 14 Lafayette Square Name Address Getman & Biryla, LLP Buffalo, NY 14203-1995 Firm Name 716-853-4340 Phone rbiryla@getmanbiryla.com E-Mail To: ESTHER S. RElZES a/k/a ESTF 109 Overlook Road, Pomona, N and/or 22 High Mountain Road, Index # Page 2 of 2 6/6/18 EFM-1 FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023 NYSCEF FILED DOC. NO. 10COUNTY ERIE RECEIVED INDEX NYSCEF: NO. 11/22/2023 807288/2023 : CLERK 4 : NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2023 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE M&T BANK One M&T Plaza Buffalo, New York 14203, Index No.: Plaintiff, vs. SUMMONS BERNAL SOLUTIONS LLC 22 High Mountain Road Pomona, New York 10970, ESTHER S. REIZES a/k/a ESTHER REIZES a/k/a ESTHER S. LOWENBEIN a/k/a ESTHER LOWENBEIN 109 Overlook Road Pomona, New York 10970 and/or 22 High Mountain Road Pomona, New York 10970, Defendants. To the above named Defendants: YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiffs attorney, at the address stated below, a written Answer to the attached Complaint. If this Summons is served upon you within the State of New York by personal service you must respond within 20 days after service, not counting the day of service. If this Summons is not personally delivered to you within the State of New York you must respond within 30 days after service is completed, as provided by law. If you do not respond to the attached Complaint within the applicable time limitation stated above, Judgment will be taken against you, by default, for the relief demanded in the Complaint. This action is brought in the County of Erie because of Plaintiff's place of business and/or residence. 1 of 7 FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023 NYSCEF DOC. NO. 10 RECEIVED INDEX NYSCEF: NO. 11/22/2023 807288/2023 FILED : ERIE COUNTY CLERK 06/14/2023 11:47 AH NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2023 DATED: Buffalo, New York June 8, 2023 GETMAN & BIRYLA, LLP By: Ric J iryla, Esq. Attorneys for aintif 800 Rand Bui ding 14 Lafayette Square Buffalo, New York 14203-1995 Tel. (716) 853-4340 2 of 7 FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023 NYSCEF FILED DOC. NO. 10 RECEIVED INDEX NYSCEF: NO. 11/22/2023 807288/2023 : ERIE COUNTY CLERK 1 : NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2023 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE M&T BANK One M&T Plaza Buffalo, New York 14203, Plaintiff, VERIFIED COMPLAINT vs. Index No. BERNAL SOLUTIONS LLC 22 High Mountain Road Pomona, New York 10970, ESTHER S. REIZES a/k/a ESTHER REIZES a/k/a ESTHER S. LOWENBE1N a/k/a ESTHER LOWENBEIN 109 Overlook Road Pomona, New York 10970 and/or 22 High Mountain Road Pomona, New York 10970, Defendants. Plaintiff, by its attorneys, Getman & Biryla, LLP, as and for its Complaint against the Defendants, alleges as follows: PARTIES 1. Plaintiff, M&T Bank, also known as Manufacturers and Traders Trust Company ('M&T" or the "Bank"), is a New York banking corporation with a place of business located at One M&T Plaza, Buffalo, New York 14203. 2. Upon information and belief, Defendant, Bernal Solutions LLC ("Bernal"), is a New York limited liability company duly authorized to transact business in the State of New York maintaining an office for the transaction of business now or formerly at 22 High Mountain Road, Pomona, New York 10970. 3. Upon information and belief, Defendant, Esther S. Reizes a/k/a Esther Reizes a/k/a Esther S. Lowenbein a/k/a Esther Lowenbein ("Reizes"), is an individual residing at and/or maintaining an oBice for the transaction of business 109 Overlook Road, Pomona, New York 10970 and/or 22 High Mountain Road, 3 of 7 FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023 NYSCEF NO. 807288/2023 INDEX NYSCEF: FILED DOC. : NO. 10COUNTY ERIE CLERK 3 : RECEIVED 11/22/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2023 Pomona, New York 10970. GENERAL ALLEGATIONS 4. That on or about March 17, 2020, for valuable consideration received, Bernal made, executed, and delivered to the Bank a certain Express Business Application requesting a commercial business access fine of credit in the original principal amount of $100,000.00 (the "Application"). Pursuant to N.Y. U.C.C. § 9-105, attached hereto as part of Exhibit A is a true copy of the Application. 5. That on or about April 3, 2020, the Bank issued approval of a Business Access Line of Credit to Bernal in the original principal amount of $100,000.00. Bernal agreed to repay the Business Access Line of Credit upon the terms set forth in the Business Access Line of Credit Agreement received in conjunction therewith. That thereafter funds were advanced from time to time. Pursuant to N.Y. U.C.C. § 9-105, attached hereto as part of Exhibit A are true copies of the approval letter issued by the Bank on or about April 3, 2020 (the "Approval Letter") and the Business Access Line of Credit Agreement issued to Bernal upon approval of the Application (the "Agreement") (collectively with the Application, the "Obligation"). 6. The Bank is the owner and holder of the Obligation. 7. Bernal is in default under the Obligation, without limitation, for failure to make payment when due, despite the Bank's due demand therefor. 8. That on or about May 26, 2023, as a result of Bernal's default, the Bank, by and through its attorneys, Getman & Biryla, LLP, demanded of Defendants immediate payment of all sums due under the Obligation. Despite the Bank's due demand, Defendants have failed and/or refused to make payment as demanded. Attached hereto as Exhibit B is a true copy of the demand / acceleration letter (the "Demand Letter"). 9. There is now justly due and owing from Bernal to the Bank, under the Obligation, the sum of One Hundred Nine Thousand Two Hundred Forty-Six and 41/100 Dollars ($109,246.41), plus interest at the default rate of 14.9% per annum from attorneys' May 24, 2023, together with additional late fees, if any, costs, expenses, fees and all other sums as provided for under the Obligation. AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT BERNAL 10. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 9 of the within Complaint as though fully set forth at length herein. 4 of 7 FILED: ERIE COUNTY CLERK 11/22/2023 11:10 AM INDEX NO. 807288/2023 NYSCEF FILED DOC. NO. 10 RECEIVED INDEX NYSCEF: NO. 11/22/2023 807288/2023 : ERIE COUNTY CLERK 4 1 : 7 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2023 11. By reason of the foregoing, the Bank is entitled to recover from Bernal the sum of One Hundred Nine Thousand Two Hundred Forty-Six and 41/100 Dollars ($109,246.41), plus interest at the default rate of 14.9% per annum from May 24, attorneys' 2023, together with additional late fees, if any, costs, expenses, fees and all other sums as provided for under the Obligation. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT REIZES 12. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 11 of the within Complaint as though fully set forth at length herein. 13. That on or about March 17, 2020, Reizes made, executed, and delivered to M&T a certain Guaranty (the "Reizes Guaranty"), whereby Reizes guaranteed payment of all sums owed by Bernal to the Bank including, but not necessarily limited to, under the Obligation, Pursuant to N.Y. U.C.C. § 9-105, attached hereto as part of Exhibit A is a true copy of the Reizes Guaranty. 14. By reason of the foregoing, the Bank is entitled to recover from Reizes the sum of One Hundred Nine Thousand Two Hundred Forty-Six and 41/100 Dollars ($109,246.41), plus interest at the default rate of 14.9% per annum from May 24, attorneys' 2023, together with additional late fees, if any, costs, expenses, fees and all other sums as provided for under the Obligation and the Reizes Guaranty. WHEREFORE, Plaintiff, M&T Bank, demands judgment against the Defendants as follows: A. Against Defendant, Bernal Solutions LLC, upon the First Cause of Action in the sum of One Hundred Ni