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FILED: NASSAU COUNTY CLERK 11/06/2023 06:33 PM INDEX NO. 614134/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-------------------............................................-----x
ALK PROPERTIES, LLC
Plaintiff/Petitioner,
- against - No.614134/2023
Index
ATHOS PATSALIDES and EFSTATHIA TZATHA
Defendant/Respondent.
....---.....................................__..................___-x
NOTICE OF ELECTRONIC FILING
(Consensual Case)
(Uniform Rule § 202.5-b)
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. (Attorneys: see "Information for pg. 2).
" If you are not represented by an attorney:
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.
l_fyou 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 filing your documents electronically
" 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: http://www.nycourts.gov/efile-unrepresented or
" contact the Clerk's Officeor Help Center at the court where the case was filed. Court
contact information can be found at www.nycourts.qov
Page 1 of 2 EF-3
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To find legal information to help you yvww.nycourthelp.gov
represent yourself visit
Information for Attorneys
An attorney a party who is served with this notice must either consent or
representing
decline consent to electronic filing and service through NYSCEF for this case.
Attorneys registered with NYSCEF in the manner
may record their consent electronically
provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to
participate in e-filing must first create a NYSCEF account and obtain a user ID and
password prior to recording their consent by going to www.nycourts.qov/efile
Attorneys declining to consent must file with the court and serve on all parties of record a
declination of consent.
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.qov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: nvscef@nvcourts.aov).
Dated: 8/31/2023
Bradley R. Siegel, Esq. 591 Stewart Avenue, Suite 550
Name Address
The Siegel Law Firm, P.C.
Garden City, NY 11530
Firm Name
516-558-7559
Phone
bradley@thesigelawfirm.com
E-Mail
To: Athos Patsalides and Efstathla Tzatha
57 Dogleg Lane
Roslyn Heights, NY 11577
6/6/18
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INDMX NO. 614134/2023
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.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------X Index No.: 3'/Óo
ALK PROPERTIES, LLC, SUMMONS
Plaintiff designates Nassau
Plaintiff, County as the place of trial.
-against- The basis of venue is:
PLAINTIFF'S PRINCIPAL
ATHOS PATSALIDES and EFSTATHIA TZATHA, PLACE OF BUSINE SS
10 High Meadow Court
Defendants. Old Brookville, NY 11545
--..-------------..-----------------------------------------X
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action, and to serve
a copy of your answer, or, if the Complaint is not served with this sununons, to serve a notice of
appearance on the Plaintiff's attorneys within twenty days after the service of this summons,
exclusive of the day of service, where service is made by delivery upon you personally within the
state, or, within 30 days after completion of service where service is made in any other manner. In
case of your failure to appear or answer, judgment will be taken against you by default for the
relief demanded in the Complaint
The basis of venue is pursuant to CPLR §503(a), as it is the county where Defendants
reside.
Dated: Garden City, New York
August 31, 2023
Yours, etc.,
THE SIEGEL LAW FIRM, P.C.
Att eys for Plaintiff
B adley R. Siegel, Esq.
591 Stewart Avenue, Suite 550
Garden City, New York 11530
(516) 558-7559
TO: Athos Patsalides
Efstathia Tzatha
57 Dogleg Lane
Roslyn Heights, NY 11577
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
No.'
....__.--------------------..._____..---..---------------------X Index
ALK PROPERTIES, LLC, VERIFIED COMPLAINT
Plaintiff, PLAINTIFF DEMANDS A
TRIAL BY JURY
-against-
ATHOS PATSALIDES and EFSTATHIA TZATHA,
Defendants.
____ ___ _
__------.._.._..........______-___..-----...-__-_Ç
Plaintiff ALK PROPERTIES, LLC, their THE
CPlaintiff"), by attorneys,
SIEGEL LAW FIRM, P.C., as and for their Verified Complaint, as against Defendants
ATHOS PATSALIDES ("Patsalides") and EFSTATHIA TZATHA ("Tzatha")
(collectively "Defendants"), respectfully alleges as follows:
PARTIES
I. At all relevanttimes, Plaintiff was and is a domestic limited liability that
company,
owns the real property located at 10 High Meadow Comt, Old Brookville, NY 11545 (the
"Premises").
2. At all relevant times, Patsalides was and is a resident of the State ofNew York and
County of Nassau.
3. At all relevant times, Tzatha was and is a resident of the State of New York and
County of Nassau.
JURISDICTION AND VENUE
4. Jurisdiction is proper agamst Defendants because Plaintiff is a domestic
corporation, Defendants are residents of the State of New York, the actions giving rise to this
matter took place in the State of New York.
2
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SCEF DOC. No. 1
Defendants pursuant to CPLR §503(a), as Nassau
5, Venue is pmper as against
Defendants' ¡
where the acts or
County is the county where Defendants reside, and is the county
omissions occurred.
FACTUAL BACKGROUND
Plaintiff and Defendants entered into a residential lease agreement dated May 2,
6.
2021 (the "Lease Agreement").
7, Pursuant to the terms of the Lease Agreement, Defendants would pay Plaintiff
rent in monthly installments in the amount of $12,250.00, for a lease term of one year, ending on
May 31, 2022.
8. The Lease Agreement provided for a lease renewal option (the "Renewal") for a
period of one year, with a monthly rent increase of three percent (3%)
in writing, that Defendants were
9. On March 6, 2022, Patsalides informed Plaintiff,
executing the lease Renewal option.
10. On March 11, 2022, Plaintiff infomied Defendants, through counsel, that the lease
Renewal was accepted by Plaintiff.
11. Shortly before the lease Renewal was exercised by the Defendants, the Plaintiff
had received an offer of $2,700,000 to purchase the Premises.
12. Defendants were aware that Plaintiff had received a bona fide offer to purchase
the Premises.
13. Because the Defendants exercised the Renewal option, the sale of the Premises at
the price of $2,700,000 could not be completed.
14. Defendants decided they would move out of the Premises on or before August 12,
2022, even though they knew they exercised the Renewal that extended the lease through May
31, 2023.
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15. Upon Defendantspurchased
information and belief, on or about August 12, 2022,
the real property located at 57 Dogleg NY 11577.
Lane, Roslyn Heights,
16. On or about August 31, 2022, Defendants vacated the Premises,
17. At the time that the Defendants vacated the Premises, there wasnine (9) months
remaining on the Renewal.
18. Plaintiffs failed, refused, or otherwise neglected to pay any of the rent for August
2022 through May 2022, for a total of ten (10) months.
19. Notwithstanding the terms of the Lease Agreement and the Renewal, the
Defendants never had any intention of fulfilling the terms of the Renewal, and were instead using
the Renewal as a means to stay in the Premises for a short duration for their own gain.
20. Defendants deceived Plaintiff when they exercised the lease Renewal.
21. Defendants never informed Plaintiff that they were searching for a new home to
purchase on or about, or after, the time they exercised the lease Renewal.
22. Plaintiff made good faith attempts to mitigate damages and seek a new tenant at a
similar rental amount, without success.
23. In light of all of the foregoing, Plaintiff has suffered damages in an amount to be
determined at trial, but in no event less than $126,175,00.
AS AND FOR A FIRST CAUSE OF ACTION
(Breach of Contract)
24. Plaintiff repeats, reiterates, and realleges each and every allegation made in the
above paragraphs of this Complaint as if fully set forth herein.
25. Plaintiff and Defendants fully executed the Lease Agreement on or about May 2,
2021.
26. Pursuant to the (erms of the Lease Agreement, Defendants would pay the monthly
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sum of $12,250.00 as and for rent through May 31, 2022.
27. The Lease Agreement further provides for a one-year Renewal, with the monthly
rent to be increased by three percent (3%) during the Renewal period.
28. Defendants exercised the Renewal option, and resided in the Premises after May
31, 2022, and paid the increased rental amount in the sum of $12,617.50 for the months of June
2022 and July 2022.
29. Defendants breached the terms of the Lease Agreement by failing to pay any rent
for the months between August 2022 and May 2023.
30. Plaintiff complied with all terms of the Lease Agreement.
31. Plaintiff made good faith efforts to mitigate damages and search for a new tenant
at a similar monthly rent, but was unsuccessful in doing so.
32. Plaintiff has made numerous demands from the Defendants for the outstandmg
rent owed, but Defendants have refused, failed, or otherwise neglected to provide Plaintiff with
any of the outstanding rent
33. As a result of the foregoing, Plaintiff has been damaged in an amount to be
.
determined at trial, but in no event less than $126,175.00.
AS AND FOR A SECOND CAUSE OF ACTION
(Fraud)
34. Plaintiffs repeat, reiterate, and reallege each and every allegation made in the
above paragraphs of this Complaint as if fully set forth herein.
35. On or about March 6, 2022, Patsalides forwarded an email to Plaintiff, of
advising
Defendants intent to exercise the Renewal option in the Lease Agreement.
36. With intent to defraud Plaintiff, Defendants intentionally misrepresented to
Plaintiff that they intended to remain in the Premises through May 31, 2023, despite Imowing
5
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that they would be purchasing real property and had no intention of remaining in the Premises
through May 31, 2023.
37. Relying upon Defendants representations, Plaintiff accepted Defendant's Renewal
!
election on March L 1, 2022,
38. Defendants benefitted, at Plaintiff's expense, by electing the Renewal option,
residing in the Premises, and not paying rent for the Renewal term, depriving Plaintiff of rental
proceeds.
39. Defendants knew that they were purchasing the real property located at 57 Dogleg
Lane, Roslyn Heights, NY 11577, and that they would not be fulfilling the full term of the
Renewal period.
40. In light of all of the foregoing, Plaintiff has been damaged in an amount to be
determined at trial, but in no event less than $126,175.00.
I
1 AS AND FOR A TERD CAUSE OF ACTION j
(Tortious Interference with Economic Relations)
41. Plaintiff repeats, reiterates, and realleges each and every allegation made in the
above paragraphs of this Complaint as if fully set forth herein.
42. At the time that Defendants exercised the Renewal lease option, a prospective
purchaser of the Premises offered Plaintiff the sum of $2,700,000 for the purchase of the
Premises.
43. Plaintiff was prepared to accept said offer, and had the Defendants not exercised
the Renewal lease option, Plaintiff would have accepted said offer.
44. Defendants interfered with the sale of the Premises for $2,700,000 when they
exercised the Renewal, knowing that they had no intention of residing at the Premises for the
duration of the tenancy, and were preparing to close on another home for approximately
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$2,800,000.
45. Had Defendants informed Plaintiff that they only intended to reside in the
Premises for a few months after the original lease term, an arrangement could have been made
for them to continue residing in the Premises for a determinative period of time, and the
Premises could have been sold for the sum of $2,700,000,
46. Instead, Defendants employed dishonest and unfair means of remaining in the
Premises by exercising the Renewal tenn, knowing at the time of exercising the Renewal that
I
they had no intention of completing the Renewal term, and were taking advantage of the
Renewal option so as to remain in the Premises for a limited duration until they could close on
the purchase of their new residence.
I
47. As a direct and proximate result of Defendants unfair and dishonest
representations that they were going to exercise the Renewal option for the full term, Plaintiff
was damaged in that the sale of the Premises for $2,700,000 could not be completed, and
Plaintiff did not receive the agmed upon rent from Defendants in the total sum of $126,175.00.
AS AND FOR A FOURTH CAUSE OF ACTION
(Counsel Fees and Costs)
48. Plaintiff repeats, reiterates, and realleges each and every allegation made in the
above paragraphs of this Complaint as if fully set forth herein.
49. Pursuant to the terms of the Lease Agreement, the successful party in a legal
action or proceeding between Landlord and Tenant for non-payment of rent may recover
reasonable legal fees and costs.
Defendants'
50. Based upon breach of the Lease Agreement and Renewal, and their
failure to pay ten (10) months of rent, they should be liable for Plaintiff s counsel fees and costs.
PRAYER FOR RELIEF
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WHEREFORE, the Plaintiff prays for judgment as follows:
Plaintiffs'
(a) On First Cause of Action, judgment awarding Plaintiff an amount to be
determined at trial, but in no event less than $126,175.00, plus interest and punitive damages;
Plaintiffs'
(b) On Second Cause of Action, judgment awarding Plaintiff an amount to be
determined at trial, but in no event less than $126,175.00, plus interest and punitive damages;
Plaintiffs'
(c) On Third Cause of Action, judgment awarding Plaintiff an amount to be
determined at trial, but in no event less than $2,700,000.00, plus interest;
Plaintiffs'
(d) On Fourth Cause of Action, judgment awarding Plaintiff counsel fees, expert
fees, and costs;
(e) Awarding Plaintiff such other and further relief as the Court may deem equitable, just and
Defendants'
proper to remedy the unlawful employment practices.
Dated: August30, 2023
Garden City, New York
Bradley R. Siegel, Esq.
THE SIEGEL LAW FIRM, P.C.
Atorneys for Plainhf
591 Stewart Avenue, Suite 550
Garden City, NY 11530
(516) 558-7559
8
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ATTORNEY VERIFICATION
I, Bradley R. Siegel, Esq., an attorney duly admitted to practice in the Court of New York State,
state:
I am the principal of The Siegel Law Firm, P.C. , attorneys for Plaintiff ALK Properties, LLC. I
have read the foregoing VerifiedComplaint and know the contents thereof; and that the same is
true to my own knowledge, except as to those matters stated to be alleged upon information and |
belief, and as to this matters I believe them to be true.
The reason this verification is made by me and not by the Plaintiff is that the defendants reside
outside of the county wherein this firm maintains its office. The grounds of my belief as toall
matters not stated upon my own knowledge are based on the facts and information gathered in
my file.
Bradley R. Siegel, Esq
9
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU Index No.
------=--¬--- _ _ _ _ _ _ __ ________ ._____ === ======
_ __ _ __ _
ALK PROPERTIES, LLC,
Plaintiffs,
-against-
ATHOS PATSALIDES and EFSTATHIA TZATHA,
Defendants.
=-====-----==-======_____==-==-==-=________ _______=====
SUMMONS AND VERIFIED COMPLAINT
===---======---======--========-_====_ _ _--===-===============-==
THE SIEGEL LAW FIRM, P.C.
Attorneys for
Preview
FILED: NASSAU COUNTY CLERK 11/06/2023 06:33 PM INDEX NO. 614134/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------............................................-----x ALK PROPERTIES, LLC Plaintiff/Petitioner, - against - No.614134/2023 Index ATHOS PATSALIDES and EFSTATHIA TZATHA Defendant/Respondent. ....---.....................................__..................___-x NOTICE OF ELECTRONIC FILING (Consensual Case) (Uniform Rule § 202.5-b) 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. (Attorneys: see "Information for pg. 2). " If you are not represented by an attorney: 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. l_fyou 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 filing your documents electronically " 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: http://www.nycourts.gov/efile-unrepresented or " contact the Clerk's Officeor Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.qov Page 1 of 2 EF-3 FILED: NASSAU COUNTY CLERK 11/06/2023 06:33 PM INDEX NO. 614134/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/06/2023 To find legal information to help you yvww.nycourthelp.gov represent yourself visit Information for Attorneys An attorney a party who is served with this notice must either consent or representing decline consent to electronic filing and service through NYSCEF for this case. Attorneys registered with NYSCEF in the manner may record their consent electronically provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing must first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to www.nycourts.qov/efile Attorneys declining to consent must file with the court and serve on all parties of record a declination of consent. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.qov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: nvscef@nvcourts.aov). Dated: 8/31/2023 Bradley R. Siegel, Esq. 591 Stewart Avenue, Suite 550 Name Address The Siegel Law Firm, P.C. Garden City, NY 11530 Firm Name 516-558-7559 Phone bradley@thesigelawfirm.com E-Mail To: Athos Patsalides and Efstathla Tzatha 57 Dogleg Lane Roslyn Heights, NY 11577 6/6/18 Index # Page 2 of 2 EF-3 FILED: NASSAU COUNTY CLERK 11/06/2023 06:33 PM INDEX NO. 614134/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/06/2023 INDMX NO. 614134/2023 ED : NAS SAU COUNTY CLERK 0 8 /31 /2 023 03 : 17 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/31/2023 . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------X Index No.: 3'/Óo ALK PROPERTIES, LLC, SUMMONS Plaintiff designates Nassau Plaintiff, County as the place of trial. -against- The basis of venue is: PLAINTIFF'S PRINCIPAL ATHOS PATSALIDES and EFSTATHIA TZATHA, PLACE OF BUSINE SS 10 High Meadow Court Defendants. Old Brookville, NY 11545 --..-------------..-----------------------------------------X TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the Complaint in this action, and to serve a copy of your answer, or, if the Complaint is not served with this sununons, to serve a notice of appearance on the Plaintiff's attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint The basis of venue is pursuant to CPLR §503(a), as it is the county where Defendants reside. Dated: Garden City, New York August 31, 2023 Yours, etc., THE SIEGEL LAW FIRM, P.C. Att eys for Plaintiff B adley R. Siegel, Esq. 591 Stewart Avenue, Suite 550 Garden City, New York 11530 (516) 558-7559 TO: Athos Patsalides Efstathia Tzatha 57 Dogleg Lane Roslyn Heights, NY 11577 1 of 10 FILED: NASSAU COUNTY CLERK 11/06/2023 06:33 PM INDEX NO. 614134/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/06/2023 [FILED: NASSAU INDEX NO. 614134/2023 COUNTY CLERK 0 8 /31/ 2 0 2 3 03 : 17 PM NYSCEF DOC. NO, 1 NYSCEF: 08/31/2023 RECEIVED SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU No.' ....__.--------------------..._____..---..---------------------X Index ALK PROPERTIES, LLC, VERIFIED COMPLAINT Plaintiff, PLAINTIFF DEMANDS A TRIAL BY JURY -against- ATHOS PATSALIDES and EFSTATHIA TZATHA, Defendants. ____ ___ _ __------.._.._..........______-___..-----...-__-_Ç Plaintiff ALK PROPERTIES, LLC, their THE CPlaintiff"), by attorneys, SIEGEL LAW FIRM, P.C., as and for their Verified Complaint, as against Defendants ATHOS PATSALIDES ("Patsalides") and EFSTATHIA TZATHA ("Tzatha") (collectively "Defendants"), respectfully alleges as follows: PARTIES I. At all relevanttimes, Plaintiff was and is a domestic limited liability that company, owns the real property located at 10 High Meadow Comt, Old Brookville, NY 11545 (the "Premises"). 2. At all relevant times, Patsalides was and is a resident of the State ofNew York and County of Nassau. 3. At all relevant times, Tzatha was and is a resident of the State of New York and County of Nassau. JURISDICTION AND VENUE 4. Jurisdiction is proper agamst Defendants because Plaintiff is a domestic corporation, Defendants are residents of the State of New York, the actions giving rise to this matter took place in the State of New York. 2 2 of 10 FILED: NASSAU COUNTY CLERK 11/06/2023 06:33 PM INDEX NO. 614134/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/06/2023 InnEx NO. 614134/2023 RECEIVED NYSCEF: 08/31/2023 SCEF DOC. No. 1 Defendants pursuant to CPLR §503(a), as Nassau 5, Venue is pmper as against Defendants' ¡ where the acts or County is the county where Defendants reside, and is the county omissions occurred. FACTUAL BACKGROUND Plaintiff and Defendants entered into a residential lease agreement dated May 2, 6. 2021 (the "Lease Agreement"). 7, Pursuant to the terms of the Lease Agreement, Defendants would pay Plaintiff rent in monthly installments in the amount of $12,250.00, for a lease term of one year, ending on May 31, 2022. 8. The Lease Agreement provided for a lease renewal option (the "Renewal") for a period of one year, with a monthly rent increase of three percent (3%) in writing, that Defendants were 9. On March 6, 2022, Patsalides informed Plaintiff, executing the lease Renewal option. 10. On March 11, 2022, Plaintiff infomied Defendants, through counsel, that the lease Renewal was accepted by Plaintiff. 11. Shortly before the lease Renewal was exercised by the Defendants, the Plaintiff had received an offer of $2,700,000 to purchase the Premises. 12. Defendants were aware that Plaintiff had received a bona fide offer to purchase the Premises. 13. Because the Defendants exercised the Renewal option, the sale of the Premises at the price of $2,700,000 could not be completed. 14. Defendants decided they would move out of the Premises on or before August 12, 2022, even though they knew they exercised the Renewal that extended the lease through May 31, 2023. 3 oe 10 FILED: NASSAU COUNTY CLERK 11/06/2023 06:33 PM INDEX NO. 614134/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/06/2023 X NO. 614134/2023 ED : NYSCEF DOC, No. 1 RECE IV YSCEF: 08/31/2023 15. Upon Defendantspurchased information and belief, on or about August 12, 2022, the real property located at 57 Dogleg NY 11577. Lane, Roslyn Heights, 16. On or about August 31, 2022, Defendants vacated the Premises, 17. At the time that the Defendants vacated the Premises, there wasnine (9) months remaining on the Renewal. 18. Plaintiffs failed, refused, or otherwise neglected to pay any of the rent for August 2022 through May 2022, for a total of ten (10) months. 19. Notwithstanding the terms of the Lease Agreement and the Renewal, the Defendants never had any intention of fulfilling the terms of the Renewal, and were instead using the Renewal as a means to stay in the Premises for a short duration for their own gain. 20. Defendants deceived Plaintiff when they exercised the lease Renewal. 21. Defendants never informed Plaintiff that they were searching for a new home to purchase on or about, or after, the time they exercised the lease Renewal. 22. Plaintiff made good faith attempts to mitigate damages and seek a new tenant at a similar rental amount, without success. 23. In light of all of the foregoing, Plaintiff has suffered damages in an amount to be determined at trial, but in no event less than $126,175,00. AS AND FOR A FIRST CAUSE OF ACTION (Breach of Contract) 24. Plaintiff repeats, reiterates, and realleges each and every allegation made in the above paragraphs of this Complaint as if fully set forth herein. 25. Plaintiff and Defendants fully executed the Lease Agreement on or about May 2, 2021. 26. Pursuant to the (erms of the Lease Agreement, Defendants would pay the monthly 4 of 10 FILED: NASSAU COUNTY CLERK 11/06/2023 06:33 PM INDEX NO. 614134/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/06/2023 TNDEX NO. 614134/2023 Q : NAS SAU COUNTY CLERK 0 8 /3 1 / 2 02 3 03 : 17 PM) NYsCEF DOC. NO. 1 . " RECEIVED NYSCEF: 08/31/2023 sum of $12,250.00 as and for rent through May 31, 2022. 27. The Lease Agreement further provides for a one-year Renewal, with the monthly rent to be increased by three percent (3%) during the Renewal period. 28. Defendants exercised the Renewal option, and resided in the Premises after May 31, 2022, and paid the increased rental amount in the sum of $12,617.50 for the months of June 2022 and July 2022. 29. Defendants breached the terms of the Lease Agreement by failing to pay any rent for the months between August 2022 and May 2023. 30. Plaintiff complied with all terms of the Lease Agreement. 31. Plaintiff made good faith efforts to mitigate damages and search for a new tenant at a similar monthly rent, but was unsuccessful in doing so. 32. Plaintiff has made numerous demands from the Defendants for the outstandmg rent owed, but Defendants have refused, failed, or otherwise neglected to provide Plaintiff with any of the outstanding rent 33. As a result of the foregoing, Plaintiff has been damaged in an amount to be . determined at trial, but in no event less than $126,175.00. AS AND FOR A SECOND CAUSE OF ACTION (Fraud) 34. Plaintiffs repeat, reiterate, and reallege each and every allegation made in the above paragraphs of this Complaint as if fully set forth herein. 35. On or about March 6, 2022, Patsalides forwarded an email to Plaintiff, of advising Defendants intent to exercise the Renewal option in the Lease Agreement. 36. With intent to defraud Plaintiff, Defendants intentionally misrepresented to Plaintiff that they intended to remain in the Premises through May 31, 2023, despite Imowing 5 5 of 10 FILED: NASSAU COUNTY CLERK 11/06/2023 06:33 PM INDEX NO. 614134/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/06/2023 EX NO. 614134/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/3 1-/ 2023 that they would be purchasing real property and had no intention of remaining in the Premises through May 31, 2023. 37. Relying upon Defendants representations, Plaintiff accepted Defendant's Renewal ! election on March L 1, 2022, 38. Defendants benefitted, at Plaintiff's expense, by electing the Renewal option, residing in the Premises, and not paying rent for the Renewal term, depriving Plaintiff of rental proceeds. 39. Defendants knew that they were purchasing the real property located at 57 Dogleg Lane, Roslyn Heights, NY 11577, and that they would not be fulfilling the full term of the Renewal period. 40. In light of all of the foregoing, Plaintiff has been damaged in an amount to be determined at trial, but in no event less than $126,175.00. I 1 AS AND FOR A TERD CAUSE OF ACTION j (Tortious Interference with Economic Relations) 41. Plaintiff repeats, reiterates, and realleges each and every allegation made in the above paragraphs of this Complaint as if fully set forth herein. 42. At the time that Defendants exercised the Renewal lease option, a prospective purchaser of the Premises offered Plaintiff the sum of $2,700,000 for the purchase of the Premises. 43. Plaintiff was prepared to accept said offer, and had the Defendants not exercised the Renewal lease option, Plaintiff would have accepted said offer. 44. Defendants interfered with the sale of the Premises for $2,700,000 when they exercised the Renewal, knowing that they had no intention of residing at the Premises for the duration of the tenancy, and were preparing to close on another home for approximately 6 of 10 FILED: NASSAU COUNTY CLERK 11/06/2023 06:33 PM INDEX NO. 614134/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/06/2023 INDEX NO. 614134/2023 : NAS SAU COUNTY CLERK O 8 / 31/ 2 023 03 : 17 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/31/2023 $2,800,000. 45. Had Defendants informed Plaintiff that they only intended to reside in the Premises for a few months after the original lease term, an arrangement could have been made for them to continue residing in the Premises for a determinative period of time, and the Premises could have been sold for the sum of $2,700,000, 46. Instead, Defendants employed dishonest and unfair means of remaining in the Premises by exercising the Renewal tenn, knowing at the time of exercising the Renewal that I they had no intention of completing the Renewal term, and were taking advantage of the Renewal option so as to remain in the Premises for a limited duration until they could close on the purchase of their new residence. I 47. As a direct and proximate result of Defendants unfair and dishonest representations that they were going to exercise the Renewal option for the full term, Plaintiff was damaged in that the sale of the Premises for $2,700,000 could not be completed, and Plaintiff did not receive the agmed upon rent from Defendants in the total sum of $126,175.00. AS AND FOR A FOURTH CAUSE OF ACTION (Counsel Fees and Costs) 48. Plaintiff repeats, reiterates, and realleges each and every allegation made in the above paragraphs of this Complaint as if fully set forth herein. 49. Pursuant to the terms of the Lease Agreement, the successful party in a legal action or proceeding between Landlord and Tenant for non-payment of rent may recover reasonable legal fees and costs. Defendants' 50. Based upon breach of the Lease Agreement and Renewal, and their failure to pay ten (10) months of rent, they should be liable for Plaintiff s counsel fees and costs. PRAYER FOR RELIEF 7 7 of 10 FILED: NASSAU COUNTY CLERK 11/06/2023 06:33 PM INDEX NO. 614134/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/06/2023 INDEX NO. 614134/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF : 08/ WHEREFORE, the Plaintiff prays for judgment as follows: Plaintiffs' (a) On First Cause of Action, judgment awarding Plaintiff an amount to be determined at trial, but in no event less than $126,175.00, plus interest and punitive damages; Plaintiffs' (b) On Second Cause of Action, judgment awarding Plaintiff an amount to be determined at trial, but in no event less than $126,175.00, plus interest and punitive damages; Plaintiffs' (c) On Third Cause of Action, judgment awarding Plaintiff an amount to be determined at trial, but in no event less than $2,700,000.00, plus interest; Plaintiffs' (d) On Fourth Cause of Action, judgment awarding Plaintiff counsel fees, expert fees, and costs; (e) Awarding Plaintiff such other and further relief as the Court may deem equitable, just and Defendants' proper to remedy the unlawful employment practices. Dated: August30, 2023 Garden City, New York Bradley R. Siegel, Esq. THE SIEGEL LAW FIRM, P.C. Atorneys for Plainhf 591 Stewart Avenue, Suite 550 Garden City, NY 11530 (516) 558-7559 8 B of 10 FILED: NASSAU COUNTY CLERK 11/06/2023 06:33 PM INDEX NO. 614134/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/06/2023 INDEX NO. 614134/2023 p : NAS SAU COUNTY CLERK 0 8 / 31/ 2 0 23 03 : 17 PM| YSCEF DOC. NO. 1 . RECEIVED NYSCEF: 08/31/2023 ATTORNEY VERIFICATION I, Bradley R. Siegel, Esq., an attorney duly admitted to practice in the Court of New York State, state: I am the principal of The Siegel Law Firm, P.C. , attorneys for Plaintiff ALK Properties, LLC. I have read the foregoing VerifiedComplaint and know the contents thereof; and that the same is true to my own knowledge, except as to those matters stated to be alleged upon information and | belief, and as to this matters I believe them to be true. The reason this verification is made by me and not by the Plaintiff is that the defendants reside outside of the county wherein this firm maintains its office. The grounds of my belief as toall matters not stated upon my own knowledge are based on the facts and information gathered in my file. Bradley R. Siegel, Esq 9 9 of 10 FILED: NASSAU COUNTY CLERK 11/06/2023 06:33 PM INDEX NO. 614134/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/06/2023 I NDEX NO. 6141 34 /2023 [FILED : NASSAU COUNTY CLERK 0 8 /31/ 2 0 23 03 : 17 PM| NYSCEF: 08/3-, 2223 NYSCEF DOC. NO. 1 RECEIVED ' . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Index No. ------=--¬--- _ _ _ _ _ _ __ ________ ._____ === ====== _ __ _ __ _ ALK PROPERTIES, LLC, Plaintiffs, -against- ATHOS PATSALIDES and EFSTATHIA TZATHA, Defendants. =-====-----==-======_____==-==-==-=________ _______===== SUMMONS AND VERIFIED COMPLAINT ===---======---======--========-_====_ _ _--===-===============-== THE SIEGEL LAW FIRM, P.C. Attorneys for