Preview
INDEX NO. 12016007394
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/21/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt# 3752530
Book Page CIVIL
Return To: No. Pages: 17
MARK H. STEIN
600 Bausch & Lomb Place Instrument: EXHIBIT(S)
Rochester, NY 14692
Control #: 202402211908
Index #: 12016007394
Date: 02/21/2024
LOFTWORKS 181 LLC Time: 4:14:06 PM
BURGO, GARY
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
MINT
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EXHIBITA
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STATE OF NEW YORK
SUPREME COURT COUNTY OF MONROE Index No. |(p |] 344
Loftworks 181 LLC Plaintiff designates Monroe
County as the place of trial.
Plaintiff, SUMMONS
VS. The basis of the venue 2
Defendant’s residence
on
Gary Burgo =
Plaintiff resides at
1433 Stowell Drive, Apt. #1 325 Alexander Street Ste 1
Rochester NY 14616 Rochester NY 14607 ~r
we
County of Monroe
Defendant
To the Above-Named Defendant
YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action and to serve a
copy of your Answer* to the annexed complaint upon Plaintiff's attorney at the address stated below, within the
time provided by law as noted below; upon your failure to app or Answer, Judgment will be taken against you
for the relief demanded in the Complaint, together with the costk of this action.
Dated: June 3, 2016
LACY KATZENVLP
Mark H. Stein, Esq
DMT
Michael J. Wegman, Esq.
Attorneys for Plaintiff
The Granite Building
130 East Main Street, PO Box 22878
Rochester, New York 14692-2878
Telephone: (585) 324-5775 (866) 250-2112
Note: The law provides that:
@) if this Summons is served by its delivery to you personally within the County of Monroe, you must
answer within twenty (20) days after such service; or
@ if this Summons is served by delivery to any person other than you personally, or is not personally
delivered to you within the State of New York, you are allowed thirty (30) days after service is complete within
which to Answer.
* You need not physically go to the Court to serve an Answer.
THE LAW FIRM OF LACY KATZEN LLP IS A DEBT COLLECTOR AND THIS IS AN ATTEMPT
TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
\S
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STATE OF NEW YORK.
SUPREME COURT COUNTY OF MONROE
3
Loftworks 181 LLC
Ce
Plaintiff,
VERIFIED oN
-vs- COMPLAINT
Gary Burgo
Defendant
The Plaintiff for a complaint against Defendant alleges upon information and belief:
1. Plaintiff is a Domestic Limited Liability Company with a place of business in Rochester,
Monroe County, New York.
2. Defendant is a resident of Rochester, Monroe County, New York.
AS AND FOR A FIRST CAUSE OF ACTION
3. Plaintiff repeats and realleges each and every allegation contained in paragraphs
numbered “1” and “2” of this Complaint as though fully set forth at length herein.
4. On or about September 12, 2013, Defendant entered into a Commercial Lease
Agreement (hereinafter referred to as the “Agreement”) with Plaintiff. A copy of the Agreement is
attached hereto as Exhibit A.
5. Pursuant to the terms of the Agreement, Defendant rented commercial space from
Plaintiff, located at 181 St. Paul Street, #5E, Rochester, New York.
6. The Agreement provided for the payment of monthly rent by Defendant and/or other
charges as more fully set forth therein.
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7. Defendant defaulted pursuant to the terms of the Agreement by failing to pay rent and/or
other charges due thereby creating a balance owing Plaintiff of $8637.16.
A copy of Plaintiff's Tenant Ledger, kept in the ordinary course of business, evidencing the balance
due of $8637.16 is annexed hereto as Exhibit “B”.
8. After giving credit to Defendant for all payments made and credits received there is now
due and owing from the Defendant to the Plaintiff, on account thereof, the sum of $8637.16 with
interest from November 1, 2013.
9. Prior to the commencement of this action, Plaintiff, on numerous occasions, rendered
statements of said claim to Defendant which Defendant accepted and retained without objection.
10. By reason thereof, an account has been duly stated between Plaintiff and Defendant
showing an unpaid balance due Plaintiff of $8637.16, which remains unpaid.
AS AND FOR A SECOND CAUSE OF ACTION
11. Plaintiff repeats and realleges each and every allegation contained in paragraphs
numbered “1” through “10” of this Complaint as though fully set forth at length herein.
12. By reason of the acts of Defendant, as aforesaid, and without any wrongdoing on the
part of Plaintiff, said Defendant has been unjustly enriched to Plaintiff’s detriment by the failure of
Defendant to pay rent and/or other charges due.
13. By reason thereof, Defendant owe/owes Plaintiff the sum of $8637.16.
AS AND FOR A THIRD CAUSE OF ACTION
14. Plaintiff repeats and realleges each and every allegation contained in paragraphs
numbered “1” through “13” of this Complaint as though fully set forth at length herein.
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15. Pursuant to paragraph numbered “23rd” of the Agreement, Plaintiff may collect
reasonable attomey’s fees associated with an action or proceeding out of Defendant tenancy.
16. Subsequent thereto, this matter was referred to Lacy Katzen LLP, who are not
employees of Plaintiff.
17. By reason thereof, there is an additional amount owing as and for reasonable attorney’s
fees.
WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $8637.16,
together with reasonable attorneys’ fees as awarded by the court, plus the costs and disbursements
of this action.
Dated: June 3, 2016
LACY KATZEN LLP
Attorneys for Plaintiff
Office and Post Office Address
The Granite Building
130 East Main Street, PO Box 22878
Rochester, New York 14692-2878
Telephone: (585) 324-5775 (866) 250-2112
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FLEE MONROE COUNTY CLERK 0272172024 04:11 PM
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 92/21/2024
STS i a 7 ee ES
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COURT
COUNTY OF STATE OF NEW YORK
- 2+ o-oo en nn nn ee ene ene
Loftworks181 LLC
PLAINTIFF
-VS-
Mr Gary Burgo
DEFENDANT
a eo nn nw on er en nn nn ee ee ee -t&
STATE OF NEW YORK)
COUNTY OF ss:
We, Loftworks181 LLC Es
being duly sworn, do depose and say that: -
-) We sold goods/merchandise, or provided services, at the
request of: Mr Gary Burgo.
>
Prior to rendering said goods/merchandise, er providing
the service, the defendant agreed to pay for the
goods/merchandise, or service performed
The amount of rent due was duly demanded from tenant(s)
and was not paid by him/her/them and was not received
by landlord from any other source
However, the defendant failed to pay for the
goods/merchandise, or service performed which were rendered
and continue to owe the sum of $8,637.16 plus collection
agency fees and attorney fees per signed lease.
officer
Qh
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Print Name —lacauel ws eenstein)
Print Title OCGice Vora ttf
worn to befor eee any of Cubans 20 1b
DENISE H. NX
Notary Public Notary cu , State of New York
hotC
in Monroo Coun
My Commission Expires 11/08
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NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 02/21/2024
Exhibit “A”
FLEE MONROE COUNTY CLERK 0272172024 04:11 PM INDEHeNG:.I20PO0GBBY 394
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/21/2024
= Fea ee Rae eT ee = ae
COMMERCIAL LEASE AGREEMENT
This Agreement dated as of the 12" day of September between LOFTWORKSI81, LLC, a
New York limited liability company with a mailing address of 195 St. Paul Street, Suite 200 Rochester.
New York 14604, as Landlord and Gary Burgo with a mailing address of 181 St Paul Street, #5E,
Rochester. NY 14604, as Tenant.
Witnesseth: The Landlord hereby leases to the Tenant the following real property and
improvements located at: 181 St Paul Street, #5E Rochester, NY 14604, (the real property and
improvements are herein collectively the “Premises”) to be used and occupied only for commercial
activities upon the conditions and covenants following:
Ist. The term of the lease (the “Term”) shall start on September 12, 2013 and ends on. October 31
2013. This lease will be month to month effective November 1 , 2013.
2nd. The Tenant shall pay the monthly rent (the “Rent”) of $1045; said Rent to be paid in monthly
payments in advance, on the Ist day of each and every month during the term aforesaid.
In addition to the Rent, Tenant shall pay or cause to be paid as Additional Rent, throughout the
Term, at least thirty (30) days before the first (1*) day on which any interest or penalty will accrue or be
assessed. asa result of non-payment, the following:
Parking charges of $0 per month, for1 spot(s) -; FOB U42
Trash charges of $0 per month;
Electrical charges of Tenant is responsible for their own electric
Late charges of LATE per month. 10% of monthly rent or $75 per month minimum, if
paid after the 5" of each month;
Pet charges:of $0 PET per month.
Total tent monthly-of $1045 plus any late charges due monthly.
Tenant will initially pay at lease signing, a $1000 refundable security deposit. If tenant meets:all
obligations within this lease, then all monies shall be returned. If Tenant shall fail to pay any such
obligations as provided herein, Landlord may, at their sole option, require Tenant to establish anescrow
account to be maintained by Landlord for such payments.
Rent isconsidered late if all additional charges are not paid in full along with monthly rent not
paid in full.. If the5' ” of the month is a National Holiday:or a Saturday or Sunday, the rent and additional
charges are due on the next business day.
3rd. Tenant shall, throughout the Term, at Tenant’s sole cost and expense, maintain in good’and
lawful order. condition and repair the Premises.
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4th. Tenant shall obtain and pay for as provided herein, any fire, liability, liquor liability, rental
and any other type of insurance required by Landlord on the Premises in an amount set forth by Landlord,
and such policies shal] indicate that they are in the name of Landlord and Tenant as their respective
interest may appear.
Sth. Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders,
regulations and requirements of the Federal, State and Local Governments and of any and all their
Departments and Bureaus applicable to said Premises, for the correction, prevention, and abatement of
nuisances, environmental conditions or other grievances, in, upon, or connected with said Premises
during said term; and shall also promptly comply with and execute all rules, orders and regulations of the
New York Board of Fire Underwriters, or any other similar body, at the Tenant’s own costs and expense.
6th. Tenant shall not assign this agreement, or underlet or underlease the Premises, or any part
thereof, or make any alterations on the Premises, without the Landlord’s consent in writing; or occupy, or
permit or suffer the same to be occupied for any business or purpose deemed disreputable or extra-
hazardous on account of fire, under the penalty of damages and forfeiture, and in the event of a breach
thereof the term herein shall immediately cease and terminate at the option of the Landlord as if it were
the expiration of the original term.
7th. If the Premises shall be damaged or destroyed by fire or other casualty, whether or not
covered by insurance, Tenant shall, with reasonable diligence, repair, restore, replace or rebuild the same
to as nearly as may be practicable to its condition and character immediately prior to such damage or
deconstruction.
8th. Tenant agrees that the said Landlord and the Landlord’s agents and other representatives shall
have the right to enter-into and upon said Premises, or any part thereof, at all reasonable hours for the
purpose of examining the same, or making such repairs or alternations therein as may be necessary for the
safety and preservation thereof.
Sth. Tenant shall neither place, or cause or allow to be placed, any sign or signs of any kind
whatsoever at, in or about the entrance to said Premises or any other part of same, except in or at such
place or places.as may be indicated by the Landlord and consented to by the.Landlord in writing.
10th. Landlord is exempt from any and all liability for any damage or injury to person or property
caused by or resulting from steam, electricity, gas, water, rain, ice or snow, or any leak or flow from or
into any part of said building or from any damage or injury resulting or arising from any other cause or
happening whatsoever.
Lith. Tenant agrees to indemnify and save Landlord harmless from and against any and all
liabilities, losses, damages, costs, expenses, suits, judgments and claims by or on behalf of any person,
firm, corporation or governmental authority, for injury or damage to person of property; or any nature and
howsoever caused, arising during the Term in any part of the Premises or out of the use, occupation,
‘operation, possession or coritrol by Ténant of the Premises ‘and indemnify and’save Landlord harmless
from any and all liability arising from any failure by Tenant to perform any of the terms, covenants or
conditions of this Lease on teriant’s part to be performed. Tenant’s obligations under this paragraph shall.
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survive termination of this Lease.
12th. This instrument shall not be a lien against said Premises in respect to any mortgages that are
now on or that hereafter may be placed against said Premises, and that the recording of such mortgage or
mortgages shall have preference and precedence and be superior and prior in lien of this Lease,
irrespective of the date of recording and the Tenant agrees to execute without cost, any such instrument
which may be deemed necessary or desirable to further effect the subordination of this Lease to any such
mortgage or mortgages, and a refusal to execute such instrument shall entitle the Landlord, or the
Landlord’s assigns and legal representatives to the option of canceling this Lease without incurring any
expense or damage and the term hereby granted is expressly limited accordingly.
13th. If the whole or any part of the Premises shall be acquired or condemned by Eminent Domain
for any public or quasi public use or purpose or any other reason, then and in that event, the term of this
Lease shall cease and terminate from the date of title vesting in such proceeding and Tenant shall have no
claim against Landlord for the value of any unexpired term of said Lease. No part of any award for such
acquisition or condemnation shall belong to the Tenant.
14th. It is expressly understood and agreed that in case the Premises shall be deserted or vacated, or
if default be made in the payment of the Rent and Additional Rent or any part thereof as herein specified,
or if without the consent of the Landlord, the Tenant shall sell, assign, or mortgage this Lease or if default
be-made in the performance of any of the covenants and agreements in this Lease contained on the part of
the:Tenant to be kept and performed, or if the Tenant shall fail to comply with any of the’ statutes,
ordinances, rules, orders, regulations and requirements of the Federal, State'and Local Governments or of
any and all their Departments and ‘Bureaus, applicable to said Premises, or if the Tenant shall file or there
be filed against Tenant a petition in bankruptcy or arrangement, or Tenant be adjudicated a bankruptcy or
make an assignment for the benefit of creditors or take advantage of any insolvency act, the Landlord
may, if the Landlord so elects, at any time thereafter terminate this Lease and the term hereof, on giving
to the Tenant five (5) days’ notice in writing of the Landlord’s intention so to do, and this Lease and the
term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the
date originally fixed in this Lease for the expiration hereof. Such notice may be given by mail to the
Tenant addressed to the Premises:
15th. Tenant waives all rights to. redéem under ariy law of the State of New York.
16th. This Lease and the obligation of Tenant to pay Rent and-Additional Rent hereunder and
perform all of the other covenants and agreements hereunder on part of Tenant to be performed shall in
nowise:be affected, impairéd:or excused because Landlord is unable to supply or is delayed in supplying
any service expressly or impliedly to be supplied or is unable to make, or is delayed in making any
repairs, additions; alterations or decorations or is unable to supply oris delayed in.supplying any
equipment or fixtures if Landlord is prevented or delayed from so doing: by reason of governmental
preemption in connection with a National Emergency or in connection with any rule; order of regulation
of any department of'subdivision thereof of any govemmental agency or by reason of the condition of
supply and demand which have been or are affected by war or other emergency.
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17th. No diminution or abatement of Rent and Additional Rent, or other compensation, shall be
claimed or allowed for inconvenience or discomfort arising from the making of repairs or
improvements to the building or to its appliances, nor for any space taken to comply with any law,
ordinance or order of a governmental authority. In respect to the various “services”, if any, herein
expressly or implied agreed to be furnished by the Landlord to the Tenant, it is agreed that there shall
be no diminution or abatement of the Rent and Additional Rent, or other compensation, for
interruption or curtailment of such “service” when such interruption or curtailment shall be due to
accident, alterations or repairs desirable or necessary to be made or to inability or difficulty in
securing supplies or labor for the maintenance of such “service” or to some other cause, not gross
negligence on the part of the Landlord. No such interruption or curtailment of any such “service”
shall be deemed a constructive eviction. The Landlord shall not be required to furnish, and the
Tenant shall not be entitled to receive, any of such “services” during any period wherein the Tenant
shall be in default:in respect to the payment of Rent and Additional Rent. Neither shall there be any
abatement or diminution of Rent and Additional Rent because of making of repairs, improvements or
decorations to the demised Premises after the date above fixed for the commencement of the term, it
being understood that Rent and Additional Rent shall, in any event, commence to run at such date so
above fixed.
18th. Tenant will not use hazardous materials or bio-hazardous materials (Hazardous. Materials”)
as defined by any federal, state or local laws, ordinances, rules or regulations currently in effect or
subsequently enacted governing the uses, storage, treatment, transportation, manufacture, refinement,
handling, production or disposal of Hazardous Materials (“Rules and Regulations”) at or affecting the
Premises, specifically exempting the use of any Hazardous Materials regularly used in the practice of
Tenant’s bar/restaurant practice,so long as such Hazardous Materials are handled and disposed of in the
manner required by local, state and federal law. Tenant covenants that it shall keep or cause the Premises
to be kept free of Hazardous Materials and not cause or permit the Premises to be used to generate,
manufacture, refine, transport, treat, store, handle, dispose, produce or process Hazardous Materials,
except in compliance with all Rules and Regulations. Tenant shall defend, indemnify and hold harmless
Landlord, its employees, agents, officers, and directors from and against any claims, demands, penalties,
fines, liabilities, settlements, damages, costs or expenses of whatever kind or nature known, contingent or
otherwise, arising out of or in any way related to Hazardous Materials permitted or suffered by Tenant, at
the Premises or the soil, water, vegetation, buildings, personal property, person, animals or otherwise and
any personal injury (including wrongful death) or property damage arising out of or related to such
Hazardous Materials. Termination of this Lease as a result of Tenant’s default shall not operate as.a
discharge of Tenant’s engagements as to Hazardous Materials arid Tenant shall deliver the Premisés to
Landlord free of any arid all Hazardous Materials, In the event Tenant does not timely perform any of the
above obligations, Landlord may}
may perform said obligations at the expense of the Tenant and such expense
shall be considered Additional Rent.
19th. Landlord doth covenant that the said Tenant on paying the said monthly‘Rent and: Additional
Rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy
the said demiséd Premises for the term aforesaid, provided however, that this covenant shall be
conditioned upon the retention of title to the Premises by the Landlord.
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20th. The failure of the Landlord to insist upon a strict performance of any of the terms, conditions
and covenants herein, shall not be deemed a waiver of any rights or remedies that the Landlord may have.
and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and
covenants herein contained. This instrument may not be changed, modified, discharged or terminated
orally.
2 Ist. Tenant agrees to comply with RULES and REGULATIONS set forth:in EXHIBIT A attached
hereto and made apart hereof.
22nd. The covenants and agreements contained in the within Lease shall be binding upon the
parties hereto and upon their respective successors, heirs, executors and administrators.
23rd. In any action or legal proceeding to enforce any part of this Agreement, Tenant agrees to pay
attorneys’ fees, collection fees, court costs and any other reasonable expenses Landlord may incur.
IN WITNESS WHEREOF, the undersigned has caused this Lease to be executed as of the date first
above written.
LANDLORD:
LOFTWORKS 181 LLC
A
far Mh Member
TENANT:
TENANT’S NAME
By:
Print name:
Title:
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EXHIBIT A
RULES AND REGULATIONS
TENANT agrees as follows:
1) All deliveries or shipments of any kind to and from the Leased
Premises, including loading and unloading of goods shall be
made only by way of the rear of the Premises.
2) Garbage and refuse shall be képt in sealed plastic or paper
trash bags and shall be placed in the trash dumpster provided
by the owner.
3) No radio, satellite or similar devices, or aerial attached
hereto (inside or outside) shall be installed without first
obtaining in each instance Landlord’s consent in writing, and,
if such consent be given, no such device shall be used in a
manner so as to be heard or seen outside of the Premises.
4) The outside areas immediately adjoining the Premises shall be
kept clean and free of Tenant’s dirt and rubbish, and Tenant
shall not place, suffer or permit any obstructions or
merchandise in such areas.
5) Tenant shall not use the public or common areas in the
Premises for any business purposes.
6) Common area bathrooms shall be cleaned up after each use. No
personal items are to be stored or remain in bathroom after
use. Please notify landlord immediatel: y of any mechanical
problems. with the facilities.
7) Plumbing facilities shall not be used for any other purpose
than that for which they are constructed, and no foreign or
hazardous substances of any kind shall be thrown therein. All
mechanical apparatus shall be free of vibration and noise
which may be transmitted beyond the confines of the Premises.
8) Freight elevator is to be operated with permission of landlord
and/or representative of landlord. only.
9) Tenant shall not permit any foul. or objectionable odors to
permeate from the Leased Premises. Should the odors: be caused
by the ongoing business. of Tenant, then Tenant shall be
required to immediately seal its premises according to
—
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SE eS Ss SS
Landlord's specifications and at Tenant’s sole cost and
expense make any alterations, modifications, or improvements
necessary to alleviate said disturbance. Failure to cure the
above odors shall constitute an immediate default under this
Lease.
10) Tenant shall not place, suffer or permit displays, decorations
or shopping carts on the sidewalks or hallways in front of the
Premises or on or upon any of the common areas of the
Building.
11) Tenant shall not distribute any handbills or
other advertising
matter in the common areas of th ie Premises including, without
limitation, hallways, sidewalks, pedestrian walkways, or
parking areas and lots.
12) Tenant shall not place any “T signs”, sandwich signs, banner,
or other signs in or around the common. areas adjoining
sidewalks or easements surrounding the Leased Premises and
Premises. Should Tenant do so, Landlord shall charge Tenant a
fee of $100.00 per violation, per occurrence, for the removal
of same.
13) Landlord shall have the same remedies for Tenant's failure
to
pay such fines, costs or charges as set forth in these
rules
and regulations as Landlord has for Tenant’
s failure to pay
the Rent as stated in this Lease. Repeated violations of any
of the above provisions shall be grounds f
or termination of
this leasehold.
14) Landlord may amend or add reasonable new rules and regulations
for the use and care of the Premises, the Building of which
said Premises are a part, and the common areas and the
facilities. Tenant agrees to comply with all such rules and
regulations which
shall apply uniformly to all tenants.
Failure to c omply.with the above rules and regulations shall
constitute. a default of this. Lease and all such default
provisions shall apply.
15) Tenant shall. not permit the accumulation of any refuse,
including shipping boxes, on the exterior of the Leased
Premises, front or rear.
JO
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Exhibit “B”
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Loftworks 181 LLC 9/16/2014 2:11 PM
Register: Accounts Receivable
From 01/41/2613 through 09/16/2014
Sonted by: Date, Type, Number/Ref
Date Number Customer ~ Memo/Description
_Q8 ___Rate Charge Paid — Balance
8/27/2013 ILISTIF
Preview
INDEX NO. 12016007394 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/21/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt# 3752530 Book Page CIVIL Return To: No. Pages: 17 MARK H. STEIN 600 Bausch & Lomb Place Instrument: EXHIBIT(S) Rochester, NY 14692 Control #: 202402211908 Index #: 12016007394 Date: 02/21/2024 LOFTWORKS 181 LLC Time: 4:14:06 PM BURGO, GARY Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK MINT Ri Kk Dv INDEEXNE: I2TLROOBEBY 394 eD NRO OUN U4: NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 02/21/2024 EXHIBITA INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/21/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE Index No. |(p |] 344 Loftworks 181 LLC Plaintiff designates Monroe County as the place of trial. Plaintiff, SUMMONS VS. The basis of the venue 2 Defendant’s residence on Gary Burgo = Plaintiff resides at 1433 Stowell Drive, Apt. #1 325 Alexander Street Ste 1 Rochester NY 14616 Rochester NY 14607 ~r we County of Monroe Defendant To the Above-Named Defendant YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action and to serve a copy of your Answer* to the annexed complaint upon Plaintiff's attorney at the address stated below, within the time provided by law as noted below; upon your failure to app or Answer, Judgment will be taken against you for the relief demanded in the Complaint, together with the costk of this action. Dated: June 3, 2016 LACY KATZENVLP Mark H. Stein, Esq DMT Michael J. Wegman, Esq. Attorneys for Plaintiff The Granite Building 130 East Main Street, PO Box 22878 Rochester, New York 14692-2878 Telephone: (585) 324-5775 (866) 250-2112 Note: The law provides that: @) if this Summons is served by its delivery to you personally within the County of Monroe, you must answer within twenty (20) days after such service; or @ if this Summons is served by delivery to any person other than you personally, or is not personally delivered to you within the State of New York, you are allowed thirty (30) days after service is complete within which to Answer. * You need not physically go to the Court to serve an Answer. THE LAW FIRM OF LACY KATZEN LLP IS A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. \S INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/21/2024 STATE OF NEW YORK. SUPREME COURT COUNTY OF MONROE 3 Loftworks 181 LLC Ce Plaintiff, VERIFIED oN -vs- COMPLAINT Gary Burgo Defendant The Plaintiff for a complaint against Defendant alleges upon information and belief: 1. Plaintiff is a Domestic Limited Liability Company with a place of business in Rochester, Monroe County, New York. 2. Defendant is a resident of Rochester, Monroe County, New York. AS AND FOR A FIRST CAUSE OF ACTION 3. Plaintiff repeats and realleges each and every allegation contained in paragraphs numbered “1” and “2” of this Complaint as though fully set forth at length herein. 4. On or about September 12, 2013, Defendant entered into a Commercial Lease Agreement (hereinafter referred to as the “Agreement”) with Plaintiff. A copy of the Agreement is attached hereto as Exhibit A. 5. Pursuant to the terms of the Agreement, Defendant rented commercial space from Plaintiff, located at 181 St. Paul Street, #5E, Rochester, New York. 6. The Agreement provided for the payment of monthly rent by Defendant and/or other charges as more fully set forth therein. INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/21/2024 7. Defendant defaulted pursuant to the terms of the Agreement by failing to pay rent and/or other charges due thereby creating a balance owing Plaintiff of $8637.16. A copy of Plaintiff's Tenant Ledger, kept in the ordinary course of business, evidencing the balance due of $8637.16 is annexed hereto as Exhibit “B”. 8. After giving credit to Defendant for all payments made and credits received there is now due and owing from the Defendant to the Plaintiff, on account thereof, the sum of $8637.16 with interest from November 1, 2013. 9. Prior to the commencement of this action, Plaintiff, on numerous occasions, rendered statements of said claim to Defendant which Defendant accepted and retained without objection. 10. By reason thereof, an account has been duly stated between Plaintiff and Defendant showing an unpaid balance due Plaintiff of $8637.16, which remains unpaid. AS AND FOR A SECOND CAUSE OF ACTION 11. Plaintiff repeats and realleges each and every allegation contained in paragraphs numbered “1” through “10” of this Complaint as though fully set forth at length herein. 12. By reason of the acts of Defendant, as aforesaid, and without any wrongdoing on the part of Plaintiff, said Defendant has been unjustly enriched to Plaintiff’s detriment by the failure of Defendant to pay rent and/or other charges due. 13. By reason thereof, Defendant owe/owes Plaintiff the sum of $8637.16. AS AND FOR A THIRD CAUSE OF ACTION 14. Plaintiff repeats and realleges each and every allegation contained in paragraphs numbered “1” through “13” of this Complaint as though fully set forth at length herein. INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/21/2024 15. Pursuant to paragraph numbered “23rd” of the Agreement, Plaintiff may collect reasonable attomey’s fees associated with an action or proceeding out of Defendant tenancy. 16. Subsequent thereto, this matter was referred to Lacy Katzen LLP, who are not employees of Plaintiff. 17. By reason thereof, there is an additional amount owing as and for reasonable attorney’s fees. WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $8637.16, together with reasonable attorneys’ fees as awarded by the court, plus the costs and disbursements of this action. Dated: June 3, 2016 LACY KATZEN LLP Attorneys for Plaintiff Office and Post Office Address The Granite Building 130 East Main Street, PO Box 22878 Rochester, New York 14692-2878 Telephone: (585) 324-5775 (866) 250-2112 INDEHeNG:.I20PO0GBBY 394 FLEE MONROE COUNTY CLERK 0272172024 04:11 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 92/21/2024 STS i a 7 ee ES ee wee eee ee een enn nnn COURT COUNTY OF STATE OF NEW YORK - 2+ o-oo en nn nn ee ene ene Loftworks181 LLC PLAINTIFF -VS- Mr Gary Burgo DEFENDANT a eo nn nw on er en nn nn ee ee ee -t& STATE OF NEW YORK) COUNTY OF ss: We, Loftworks181 LLC Es being duly sworn, do depose and say that: - -) We sold goods/merchandise, or provided services, at the request of: Mr Gary Burgo. > Prior to rendering said goods/merchandise, er providing the service, the defendant agreed to pay for the goods/merchandise, or service performed The amount of rent due was duly demanded from tenant(s) and was not paid by him/her/them and was not received by landlord from any other source However, the defendant failed to pay for the goods/merchandise, or service performed which were rendered and continue to owe the sum of $8,637.16 plus collection agency fees and attorney fees per signed lease. officer Qh pe kn Print Name —lacauel ws eenstein) Print Title OCGice Vora ttf worn to befor eee any of Cubans 20 1b DENISE H. NX Notary Public Notary cu , State of New York hotC in Monroo Coun My Commission Expires 11/08 eD “ONRO OUN Kk U4: Dv INDEHENG:.I20RAD0BBB7 394 NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 02/21/2024 Exhibit “A” FLEE MONROE COUNTY CLERK 0272172024 04:11 PM INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/21/2024 = Fea ee Rae eT ee = ae COMMERCIAL LEASE AGREEMENT This Agreement dated as of the 12" day of September between LOFTWORKSI81, LLC, a New York limited liability company with a mailing address of 195 St. Paul Street, Suite 200 Rochester. New York 14604, as Landlord and Gary Burgo with a mailing address of 181 St Paul Street, #5E, Rochester. NY 14604, as Tenant. Witnesseth: The Landlord hereby leases to the Tenant the following real property and improvements located at: 181 St Paul Street, #5E Rochester, NY 14604, (the real property and improvements are herein collectively the “Premises”) to be used and occupied only for commercial activities upon the conditions and covenants following: Ist. The term of the lease (the “Term”) shall start on September 12, 2013 and ends on. October 31 2013. This lease will be month to month effective November 1 , 2013. 2nd. The Tenant shall pay the monthly rent (the “Rent”) of $1045; said Rent to be paid in monthly payments in advance, on the Ist day of each and every month during the term aforesaid. In addition to the Rent, Tenant shall pay or cause to be paid as Additional Rent, throughout the Term, at least thirty (30) days before the first (1*) day on which any interest or penalty will accrue or be assessed. asa result of non-payment, the following: Parking charges of $0 per month, for1 spot(s) -; FOB U42 Trash charges of $0 per month; Electrical charges of Tenant is responsible for their own electric Late charges of LATE per month. 10% of monthly rent or $75 per month minimum, if paid after the 5" of each month; Pet charges:of $0 PET per month. Total tent monthly-of $1045 plus any late charges due monthly. Tenant will initially pay at lease signing, a $1000 refundable security deposit. If tenant meets:all obligations within this lease, then all monies shall be returned. If Tenant shall fail to pay any such obligations as provided herein, Landlord may, at their sole option, require Tenant to establish anescrow account to be maintained by Landlord for such payments. Rent isconsidered late if all additional charges are not paid in full along with monthly rent not paid in full.. If the5' ” of the month is a National Holiday:or a Saturday or Sunday, the rent and additional charges are due on the next business day. 3rd. Tenant shall, throughout the Term, at Tenant’s sole cost and expense, maintain in good’and lawful order. condition and repair the Premises. OUN hk DIV INDEHeNG:.I20PO0GBBY 394 “ONRO U4: NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 02/21/2024 Fi = ee 4th. Tenant shall obtain and pay for as provided herein, any fire, liability, liquor liability, rental and any other type of insurance required by Landlord on the Premises in an amount set forth by Landlord, and such policies shal] indicate that they are in the name of Landlord and Tenant as their respective interest may appear. Sth. Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said Premises, for the correction, prevention, and abatement of nuisances, environmental conditions or other grievances, in, upon, or connected with said Premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant’s own costs and expense. 6th. Tenant shall not assign this agreement, or underlet or underlease the Premises, or any part thereof, or make any alterations on the Premises, without the Landlord’s consent in writing; or occupy, or permit or suffer the same to be occupied for any business or purpose deemed disreputable or extra- hazardous on account of fire, under the penalty of damages and forfeiture, and in the event of a breach thereof the term herein shall immediately cease and terminate at the option of the Landlord as if it were the expiration of the original term. 7th. If the Premises shall be damaged or destroyed by fire or other casualty, whether or not covered by insurance, Tenant shall, with reasonable diligence, repair, restore, replace or rebuild the same to as nearly as may be practicable to its condition and character immediately prior to such damage or deconstruction. 8th. Tenant agrees that the said Landlord and the Landlord’s agents and other representatives shall have the right to enter-into and upon said Premises, or any part thereof, at all reasonable hours for the purpose of examining the same, or making such repairs or alternations therein as may be necessary for the safety and preservation thereof. Sth. Tenant shall neither place, or cause or allow to be placed, any sign or signs of any kind whatsoever at, in or about the entrance to said Premises or any other part of same, except in or at such place or places.as may be indicated by the Landlord and consented to by the.Landlord in writing. 10th. Landlord is exempt from any and all liability for any damage or injury to person or property caused by or resulting from steam, electricity, gas, water, rain, ice or snow, or any leak or flow from or into any part of said building or from any damage or injury resulting or arising from any other cause or happening whatsoever. Lith. Tenant agrees to indemnify and save Landlord harmless from and against any and all liabilities, losses, damages, costs, expenses, suits, judgments and claims by or on behalf of any person, firm, corporation or governmental authority, for injury or damage to person of property; or any nature and howsoever caused, arising during the Term in any part of the Premises or out of the use, occupation, ‘operation, possession or coritrol by Ténant of the Premises ‘and indemnify and’save Landlord harmless from any and all liability arising from any failure by Tenant to perform any of the terms, covenants or conditions of this Lease on teriant’s part to be performed. Tenant’s obligations under this paragraph shall. hk DIV INDEHeNG:.I20PO0GBBY 394 “ONRO OUN U4: NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 02/21/2024 7 rs = REE survive termination of this Lease. 12th. This instrument shall not be a lien against said Premises in respect to any mortgages that are now on or that hereafter may be placed against said Premises, and that the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien of this Lease, irrespective of the date of recording and the Tenant agrees to execute without cost, any such instrument which may be deemed necessary or desirable to further effect the subordination of this Lease to any such mortgage or mortgages, and a refusal to execute such instrument shall entitle the Landlord, or the Landlord’s assigns and legal representatives to the option of canceling this Lease without incurring any expense or damage and the term hereby granted is expressly limited accordingly. 13th. If the whole or any part of the Premises shall be acquired or condemned by Eminent Domain for any public or quasi public use or purpose or any other reason, then and in that event, the term of this Lease shall cease and terminate from the date of title vesting in such proceeding and Tenant shall have no claim against Landlord for the value of any unexpired term of said Lease. No part of any award for such acquisition or condemnation shall belong to the Tenant. 14th. It is expressly understood and agreed that in case the Premises shall be deserted or vacated, or if default be made in the payment of the Rent and Additional Rent or any part thereof as herein specified, or if without the consent of the Landlord, the Tenant shall sell, assign, or mortgage this Lease or if default be-made in the performance of any of the covenants and agreements in this Lease contained on the part of the:Tenant to be kept and performed, or if the Tenant shall fail to comply with any of the’ statutes, ordinances, rules, orders, regulations and requirements of the Federal, State'and Local Governments or of any and all their Departments and ‘Bureaus, applicable to said Premises, or if the Tenant shall file or there be filed against Tenant a petition in bankruptcy or arrangement, or Tenant be adjudicated a bankruptcy or make an assignment for the benefit of creditors or take advantage of any insolvency act, the Landlord may, if the Landlord so elects, at any time thereafter terminate this Lease and the term hereof, on giving to the Tenant five (5) days’ notice in writing of the Landlord’s intention so to do, and this Lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the date originally fixed in this Lease for the expiration hereof. Such notice may be given by mail to the Tenant addressed to the Premises: 15th. Tenant waives all rights to. redéem under ariy law of the State of New York. 16th. This Lease and the obligation of Tenant to pay Rent and-Additional Rent hereunder and perform all of the other covenants and agreements hereunder on part of Tenant to be performed shall in nowise:be affected, impairéd:or excused because Landlord is unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is delayed in making any repairs, additions; alterations or decorations or is unable to supply oris delayed in.supplying any equipment or fixtures if Landlord is prevented or delayed from so doing: by reason of governmental preemption in connection with a National Emergency or in connection with any rule; order of regulation of any department of'subdivision thereof of any govemmental agency or by reason of the condition of supply and demand which have been or are affected by war or other emergency. hk DIV INDEHeNG:.I20PO0GBBY 394 “ONRO OUN U4: NYSCEF Doc. No. 5 RECEIVED NYSCEF: 02/21/2024 aS = rz 17th. No diminution or abatement of Rent and Additional Rent, or other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the building or to its appliances, nor for any space taken to comply with any law, ordinance or order of a governmental authority. In respect to the various “services”, if any, herein expressly or implied agreed to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the Rent and Additional Rent, or other compensation, for interruption or curtailment of such “service” when such interruption or curtailment shall be due to accident, alterations or repairs desirable or necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such “service” or to some other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of any such “service” shall be deemed a constructive eviction. The Landlord shall not be required to furnish, and the Tenant shall not be entitled to receive, any of such “services” during any period wherein the Tenant shall be in default:in respect to the payment of Rent and Additional Rent. Neither shall there be any abatement or diminution of Rent and Additional Rent because of making of repairs, improvements or decorations to the demised Premises after the date above fixed for the commencement of the term, it being understood that Rent and Additional Rent shall, in any event, commence to run at such date so above fixed. 18th. Tenant will not use hazardous materials or bio-hazardous materials (Hazardous. Materials”) as defined by any federal, state or local laws, ordinances, rules or regulations currently in effect or subsequently enacted governing the uses, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials (“Rules and Regulations”) at or affecting the Premises, specifically exempting the use of any Hazardous Materials regularly used in the practice of Tenant’s bar/restaurant practice,so long as such Hazardous Materials are handled and disposed of in the manner required by local, state and federal law. Tenant covenants that it shall keep or cause the Premises to be kept free of Hazardous Materials and not cause or permit the Premises to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, produce or process Hazardous Materials, except in compliance with all Rules and Regulations. Tenant shall defend, indemnify and hold harmless Landlord, its employees, agents, officers, and directors from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses of whatever kind or nature known, contingent or otherwise, arising out of or in any way related to Hazardous Materials permitted or suffered by Tenant, at the Premises or the soil, water, vegetation, buildings, personal property, person, animals or otherwise and any personal injury (including wrongful death) or property damage arising out of or related to such Hazardous Materials. Termination of this Lease as a result of Tenant’s default shall not operate as.a discharge of Tenant’s engagements as to Hazardous Materials arid Tenant shall deliver the Premisés to Landlord free of any arid all Hazardous Materials, In the event Tenant does not timely perform any of the above obligations, Landlord may} may perform said obligations at the expense of the Tenant and such expense shall be considered Additional Rent. 19th. Landlord doth covenant that the said Tenant on paying the said monthly‘Rent and: Additional Rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demiséd Premises for the term aforesaid, provided however, that this covenant shall be conditioned upon the retention of title to the Premises by the Landlord. INDEHeNG:.I20PO0GBBY 394 NYSCEF boc. No. 5 RECEIVED NYSCEF: 02/21/2024 = a 20th. The failure of the Landlord to insist upon a strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that the Landlord may have. and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. 2 Ist. Tenant agrees to comply with RULES and REGULATIONS set forth:in EXHIBIT A attached hereto and made apart hereof. 22nd. The covenants and agreements contained in the within Lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators. 23rd. In any action or legal proceeding to enforce any part of this Agreement, Tenant agrees to pay attorneys’ fees, collection fees, court costs and any other reasonable expenses Landlord may incur. IN WITNESS WHEREOF, the undersigned has caused this Lease to be executed as of the date first above written. LANDLORD: LOFTWORKS 181 LLC A far Mh Member TENANT: TENANT’S NAME By: Print name: Title: INDEHeNG:.I20PO0GBBY 394 NYSCEF DOC . NO. 5 a VED NYSCEF: 02/21/2024 = Ee = ae ae ae EXHIBIT A RULES AND REGULATIONS TENANT agrees as follows: 1) All deliveries or shipments of any kind to and from the Leased Premises, including loading and unloading of goods shall be made only by way of the rear of the Premises. 2) Garbage and refuse shall be képt in sealed plastic or paper trash bags and shall be placed in the trash dumpster provided by the owner. 3) No radio, satellite or similar devices, or aerial attached hereto (inside or outside) shall be installed without first obtaining in each instance Landlord’s consent in writing, and, if such consent be given, no such device shall be used in a manner so as to be heard or seen outside of the Premises. 4) The outside areas immediately adjoining the Premises shall be kept clean and free of Tenant’s dirt and rubbish, and Tenant shall not place, suffer or permit any obstructions or merchandise in such areas. 5) Tenant shall not use the public or common areas in the Premises for any business purposes. 6) Common area bathrooms shall be cleaned up after each use. No personal items are to be stored or remain in bathroom after use. Please notify landlord immediatel: y of any mechanical problems. with the facilities. 7) Plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign or hazardous substances of any kind shall be thrown therein. All mechanical apparatus shall be free of vibration and noise which may be transmitted beyond the confines of the Premises. 8) Freight elevator is to be operated with permission of landlord and/or representative of landlord. only. 9) Tenant shall not permit any foul. or objectionable odors to permeate from the Leased Premises. Should the odors: be caused by the ongoing business. of Tenant, then Tenant shall be required to immediately seal its premises according to — INDBHeNG:.120PAD08BB7 394 NYSCEF Doc. NO. 5 RECEIVED NYSCEF: 02/21/2024 SE eS Ss SS Landlord's specifications and at Tenant’s sole cost and expense make any alterations, modifications, or improvements necessary to alleviate said disturbance. Failure to cure the above odors shall constitute an immediate default under this Lease. 10) Tenant shall not place, suffer or permit displays, decorations or shopping carts on the sidewalks or hallways in front of the Premises or on or upon any of the common areas of the Building. 11) Tenant shall not distribute any handbills or other advertising matter in the common areas of th ie Premises including, without limitation, hallways, sidewalks, pedestrian walkways, or parking areas and lots. 12) Tenant shall not place any “T signs”, sandwich signs, banner, or other signs in or around the common. areas adjoining sidewalks or easements surrounding the Leased Premises and Premises. Should Tenant do so, Landlord shall charge Tenant a fee of $100.00 per violation, per occurrence, for the removal of same. 13) Landlord shall have the same remedies for Tenant's failure to pay such fines, costs or charges as set forth in these rules and regulations as Landlord has for Tenant’ s failure to pay the Rent as stated in this Lease. Repeated violations of any of the above provisions shall be grounds f or termination of this leasehold. 14) Landlord may amend or add reasonable new rules and regulations for the use and care of the Premises, the Building of which said Premises are a part, and the common areas and the facilities. Tenant agrees to comply with all such rules and regulations which shall apply uniformly to all tenants. Failure to c omply.with the above rules and regulations shall constitute. a default of this. Lease and all such default provisions shall apply. 15) Tenant shall. not permit the accumulation of any refuse, including shipping boxes, on the exterior of the Leased Premises, front or rear. JO eD “ONRO OUN Kk U4: Dv INDEHENG:.I20RAD0BBB7 394 NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 02/21/2024 Exhibit “B” INDBHeNG:.120PAD08BB7 394 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/21/2024 a = a ES ee ee Loftworks 181 LLC 9/16/2014 2:11 PM Register: Accounts Receivable From 01/41/2613 through 09/16/2014 Sonted by: Date, Type, Number/Ref Date Number Customer ~ Memo/Description _Q8 ___Rate Charge Paid — Balance 8/27/2013 ILISTIF