Preview
FILED: NEW YORK COUNTY CLERK 02/26/2024 09:09 AM INDEX NO. 650979/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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BLDG 424 SADDLEBACK LLC, BLDG 424 Index No.
OLIVE LLC AND FEIL 424 BEACON LLC, Date Filed:
Plaintiff, SUMMONS
-against- Plaintiff’s Address:
417 Fifth Avenue, 4th Fl.
VICTORY COMMERCIAL MANAGEMENT, New York, NY 10016-2204
INC. and SHENGJUN LIU ,
The basis of venue designated is:
Defendant(s). County in which the transaction occurred.
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TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff’s attorney an
Answer to the Complaint in this action within twenty days after the service of this Summons,
exclusive of the day of service, or within thirty days after service is complete if this Summons is
not personally delivered to you within the State of New York. In case of your failure to answer,
judgment will be taken against you by default for the relief demanded in the Complaint.
Dated: February 26, 2024
___________________________
Mitchell A. Nathanson, Esq.
THE NATHANSON LAW FIRM LLP
Attorneys for Plaintiff
200 Garden City Plaza, Suite 408
Garden City, NY 11530
(516) 568-0000
mitchell@nathansonlaw.com
Defendants’ Addresses:
VICTORY COMMERCIAL MANAGEMENT INC.
369 LEXINGTON AVE, SUITE 311-312
NEW YORK, NY 10017
SHENGJUN LIU
300 HERB HILL RD PH 31
GLEN COVE, NY 11542-4413
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FILED: NEW YORK COUNTY CLERK 02/26/2024 09:09 AM INDEX NO. 650979/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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Index No.
BLDG 424 SADDLEBACK LLC, BLDG 424
OLIVE LLC AND FEIL 424 BEACON LLC,
VERIFIED COMPLAINT
Plaintiff,
-against-
VICTORY COMMERCIAL MANAGEMENT,
INC., and SHENGJUN LIU ,
Defendant(s).
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Plaintiff, by its attorneys, The Nathanson Law Firm LLP, complaining of the Defendant,
respectfully alleges as follows upon information and belief:
1. Plaintiffs are, and at all times herein mentioned, were foreign limited liability
companies, authorized to transact business I the State of New York, with their principal place of
business at 417 Fifth Avenue, 4th Floor, New York, NY 10016, in the State of New York, County
of New York.
2. Defendant, VICTORY COMMERCIAL MANAGEMENT, INC., is a foreign
corporation with its principal place of business at 369 LEXINGTON AVE, SUITE 311-312, NEW
YORK, NY, 10017, in the State of New York, COUNTY OF NEW YORK .
3. Defendant SHENGJUN LIU is a citizen of the State of New York, County of
Nassau, residing at 300 HERB HILL RD PH 31, GLEN COVE, NY 11542-4413.
4. On or about June 12, 2019, the parties entered into a commercial lease agreement
for rental of the premises 369 LEXINGTON AVE SUITE, SUITE 311-312, Store 4, New York,
NY 10017. The transaction occurred in the State of New York, COUNTY OF NEW YORK , out
of which transaction this action accrues, and venue is thus proper.
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AS AND FOR A FIRST CAUSE OF ACTION
5. Plaintiff repeats, reiterates and realleges each and every allegation contained in the
paragraphs set forth above with the same force and effect as if fully set forth herein at length.
6. On or about June 12, 2019, Plaintiff entered into a lease agreement with Defendants
for the commercial rental of 369 LEXINGTON AVE, SUITE 311-312, NEW YORK, NY 10017,
commencing July 1, 2019, a copy of which is annexed hereto as Exhibit “A” and made a part
hereof.
7. Defendants agreed therein to pay the rental sum each month for the term of three
years. Payment of rent obligations was guaranteed by SHENGJUN LIU .
8. That in accordance with said lease any payment not received or postmarked within
ten days of becoming due, shall incur a late fee in the amount of 15% per annum.
9. That in accordance with said lease rider, the tenant is obligated to pay its 4.09%
proportional share of the tax increases above the base tax year.
10. That in accordance with said lease rider, the tenant is obligated to pay for its usage
of utilities.
11. That in accordance with said lease, the tenant is obligated to pay for all reasonable
attorneys’ fees in the event of a default.
12. That Defendants defaulted in accordance with the terms of the lease by failing to
remit payment due on December 1, 2019 in the amount of $14,202.50.
13. That Defendant continued in default having failed to become current, while rent
and added rent continued to accrue. A copy of the ledger of charges and payments is annexed
hereto as Exhibit “B”.
14. That Defendant vacated the premises on or about February 28, 2020.
15. The balance due and owing from December 1. 2019 through lease expiration on
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FILED: NEW YORK COUNTY CLERK 02/26/2024 09:09 AM INDEX NO. 650979/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024
August 31, 2022 for rent and added rent after crediting the security deposit in the amount of
$85,215.00, is $413,881.40, no part thereof having been paid although duly demanded.
AS AND FOR A SECOND CAUSE OF ACTION
16. Plaintiff repeats, reiterates and realleges each and every allegation contained in the
paragraphs set forth above with the same force and effect as if fully set forth herein.
17. That between on or about December 1, 2019 and on or about August 31, 2022,
Plaintiff issued to Defendants a monthly statement of account reflecting a balance due and owing
in the aggregate amount of $499,378.31. Copies of the statements are annexed hereto as Exhibit
“C”.
18. That Defendants retained the monthly statements of account without any objection
or dispute.
19. That no part of $499,378.31 has been paid or credited except $85,496.91 thereby
reducing the outstanding balance to $413,881.40, no part thereof having been paid although duly
demanded.
AS AND FOR A THIRD CAUSE OF ACTION
20. Plaintiff repeats, reiterates and realleges each and every allegation contained in the
paragraphs set forth above with the same force and effect as if fully set forth herein.
21. That in accordance with the terms of the lease, in the event Plaintiff required an
attorney to enforce the provisions of the lease, the tenant would be liable to Plaintiff for attorneys’
fees included as a result of Defendants’ breach or default.
22. The Plaintiff has expended or will expend $124,164.42 in attorneys’ fees in
instituting, prosecuting, and enforcing actions taken against Defendants, as a result of Defendants’
breach of contract.
23. Defendants are therefore liable to Plaintiff in the additional amount of $124,164.42
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for attorneys’ fees.
WHEREFORE, Plaintiff respectfully demands that judgment be entered in favor of
Plaintiff and against Defendants as follows:
(a) As and for the first cause of action against defendants in the amount of
$413,881.40; and
(b) As and for the second cause of action against defendants in the amount of
$413,881.40; and
(c) As and for the third cause of action against defendants in the amount of
$124,164.42;
(d) Together with the costs and disbursements of this action; and
(e) Any such further relief as to the Court seems just and proper.
Dated: Garden City, NY
February 26, 2024
_______________________
MITCHELL A. NATHANSON
THE NATHANSON LAW FIRM LLP
Attorneys for Plaintiff
200 Garden City Plaza, Suite 408
Garden City, NY 11530
(516) 568-0000
mitchell@nathansonlaw.com
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024
VERIFICATION
State of New York )
ss.:)
County of Nassau )
I, the undersigned, an attorney duly admitted to practice in the courts of the State of New
York, state that I am a partner with The Nathanson Law Firm LLP, the attorneys of record for the
Plaintiff, BLDG 424 SADDLEBACK LLC, BLDG 424 OLIVE LLC AND FEIL 424 BEACON
LLC, in the within action; I have read the foregoing Complaint and know the contents thereof;
the same is true to my own knowledge, except as to the matters therein stated to be alleged on
information and belief, and as to those matters I believe it to be true. The reason this Verification
is made by me and not by Plaintiff is that Plaintiff is a limited liability company and is located
outside of the county where I maintain my office (Nassau County). The grounds of my belief as
to all matters not stated upon my own knowledge are as follows: conversations with Plaintiff;
examination of Plaintiff’s books and records.
I affirm that the foregoing statements are true, under penalties of perjury.
Dated: Garden City, NY
February 26, 2024
________________________________
MITCHELL A. NATHANSON, ESQ.
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FILED: NEW YORK COUNTY CLERK 02/26/2024 09:09 AM INDEX NO. 650979/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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Index No.
BLDG 424 SADDLEBACK LLC, BLDG 424
OLIVE LLC AND FEIL 424 BEACON LLC,
VERIFIED COMPLAINT
Plaintiff,
-against-
VICTORY COMMERCIAL MANAGEMENT,
INC. and SHENGJUN LIU ,
Defendant(s).
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********************************************
SUMMONS & COMPLAINT
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Attorney’s signature pursuant
to 22 NYCRR 130-1.1a
__________________________
Mitchell A. Nathanson
The Nathanson Law Firm LLP
Attorneys for Plaintiff
200 Garden City Plaza, Suite 408
Garden City, NY 11530
(516) 568-0000
mitchell@nathansonlaw.com
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Preview
FILED: NEW YORK COUNTY CLERK 02/26/2024 09:09 AM INDEX NO. 650979/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------X BLDG 424 SADDLEBACK LLC, BLDG 424 Index No. OLIVE LLC AND FEIL 424 BEACON LLC, Date Filed: Plaintiff, SUMMONS -against- Plaintiff’s Address: 417 Fifth Avenue, 4th Fl. VICTORY COMMERCIAL MANAGEMENT, New York, NY 10016-2204 INC. and SHENGJUN LIU , The basis of venue designated is: Defendant(s). County in which the transaction occurred. -----------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED and required to serve upon plaintiff’s attorney an Answer to the Complaint in this action within twenty days after the service of this Summons, exclusive of the day of service, or within thirty days after service is complete if this Summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: February 26, 2024 ___________________________ Mitchell A. Nathanson, Esq. THE NATHANSON LAW FIRM LLP Attorneys for Plaintiff 200 Garden City Plaza, Suite 408 Garden City, NY 11530 (516) 568-0000 mitchell@nathansonlaw.com Defendants’ Addresses: VICTORY COMMERCIAL MANAGEMENT INC. 369 LEXINGTON AVE, SUITE 311-312 NEW YORK, NY 10017 SHENGJUN LIU 300 HERB HILL RD PH 31 GLEN COVE, NY 11542-4413 1 of 7 FILED: NEW YORK COUNTY CLERK 02/26/2024 09:09 AM INDEX NO. 650979/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------X Index No. BLDG 424 SADDLEBACK LLC, BLDG 424 OLIVE LLC AND FEIL 424 BEACON LLC, VERIFIED COMPLAINT Plaintiff, -against- VICTORY COMMERCIAL MANAGEMENT, INC., and SHENGJUN LIU , Defendant(s). -----------------------------------------------------------------X Plaintiff, by its attorneys, The Nathanson Law Firm LLP, complaining of the Defendant, respectfully alleges as follows upon information and belief: 1. Plaintiffs are, and at all times herein mentioned, were foreign limited liability companies, authorized to transact business I the State of New York, with their principal place of business at 417 Fifth Avenue, 4th Floor, New York, NY 10016, in the State of New York, County of New York. 2. Defendant, VICTORY COMMERCIAL MANAGEMENT, INC., is a foreign corporation with its principal place of business at 369 LEXINGTON AVE, SUITE 311-312, NEW YORK, NY, 10017, in the State of New York, COUNTY OF NEW YORK . 3. Defendant SHENGJUN LIU is a citizen of the State of New York, County of Nassau, residing at 300 HERB HILL RD PH 31, GLEN COVE, NY 11542-4413. 4. On or about June 12, 2019, the parties entered into a commercial lease agreement for rental of the premises 369 LEXINGTON AVE SUITE, SUITE 311-312, Store 4, New York, NY 10017. The transaction occurred in the State of New York, COUNTY OF NEW YORK , out of which transaction this action accrues, and venue is thus proper. 2 of 7 FILED: NEW YORK COUNTY CLERK 02/26/2024 09:09 AM INDEX NO. 650979/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 AS AND FOR A FIRST CAUSE OF ACTION 5. Plaintiff repeats, reiterates and realleges each and every allegation contained in the paragraphs set forth above with the same force and effect as if fully set forth herein at length. 6. On or about June 12, 2019, Plaintiff entered into a lease agreement with Defendants for the commercial rental of 369 LEXINGTON AVE, SUITE 311-312, NEW YORK, NY 10017, commencing July 1, 2019, a copy of which is annexed hereto as Exhibit “A” and made a part hereof. 7. Defendants agreed therein to pay the rental sum each month for the term of three years. Payment of rent obligations was guaranteed by SHENGJUN LIU . 8. That in accordance with said lease any payment not received or postmarked within ten days of becoming due, shall incur a late fee in the amount of 15% per annum. 9. That in accordance with said lease rider, the tenant is obligated to pay its 4.09% proportional share of the tax increases above the base tax year. 10. That in accordance with said lease rider, the tenant is obligated to pay for its usage of utilities. 11. That in accordance with said lease, the tenant is obligated to pay for all reasonable attorneys’ fees in the event of a default. 12. That Defendants defaulted in accordance with the terms of the lease by failing to remit payment due on December 1, 2019 in the amount of $14,202.50. 13. That Defendant continued in default having failed to become current, while rent and added rent continued to accrue. A copy of the ledger of charges and payments is annexed hereto as Exhibit “B”. 14. That Defendant vacated the premises on or about February 28, 2020. 15. The balance due and owing from December 1. 2019 through lease expiration on 3 of 7 FILED: NEW YORK COUNTY CLERK 02/26/2024 09:09 AM INDEX NO. 650979/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 August 31, 2022 for rent and added rent after crediting the security deposit in the amount of $85,215.00, is $413,881.40, no part thereof having been paid although duly demanded. AS AND FOR A SECOND CAUSE OF ACTION 16. Plaintiff repeats, reiterates and realleges each and every allegation contained in the paragraphs set forth above with the same force and effect as if fully set forth herein. 17. That between on or about December 1, 2019 and on or about August 31, 2022, Plaintiff issued to Defendants a monthly statement of account reflecting a balance due and owing in the aggregate amount of $499,378.31. Copies of the statements are annexed hereto as Exhibit “C”. 18. That Defendants retained the monthly statements of account without any objection or dispute. 19. That no part of $499,378.31 has been paid or credited except $85,496.91 thereby reducing the outstanding balance to $413,881.40, no part thereof having been paid although duly demanded. AS AND FOR A THIRD CAUSE OF ACTION 20. Plaintiff repeats, reiterates and realleges each and every allegation contained in the paragraphs set forth above with the same force and effect as if fully set forth herein. 21. That in accordance with the terms of the lease, in the event Plaintiff required an attorney to enforce the provisions of the lease, the tenant would be liable to Plaintiff for attorneys’ fees included as a result of Defendants’ breach or default. 22. The Plaintiff has expended or will expend $124,164.42 in attorneys’ fees in instituting, prosecuting, and enforcing actions taken against Defendants, as a result of Defendants’ breach of contract. 23. Defendants are therefore liable to Plaintiff in the additional amount of $124,164.42 4 of 7 FILED: NEW YORK COUNTY CLERK 02/26/2024 09:09 AM INDEX NO. 650979/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 for attorneys’ fees. WHEREFORE, Plaintiff respectfully demands that judgment be entered in favor of Plaintiff and against Defendants as follows: (a) As and for the first cause of action against defendants in the amount of $413,881.40; and (b) As and for the second cause of action against defendants in the amount of $413,881.40; and (c) As and for the third cause of action against defendants in the amount of $124,164.42; (d) Together with the costs and disbursements of this action; and (e) Any such further relief as to the Court seems just and proper. Dated: Garden City, NY February 26, 2024 _______________________ MITCHELL A. NATHANSON THE NATHANSON LAW FIRM LLP Attorneys for Plaintiff 200 Garden City Plaza, Suite 408 Garden City, NY 11530 (516) 568-0000 mitchell@nathansonlaw.com 5 of 7 FILED: NEW YORK COUNTY CLERK 02/26/2024 09:09 AM INDEX NO. 650979/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 VERIFICATION State of New York ) ss.:) County of Nassau ) I, the undersigned, an attorney duly admitted to practice in the courts of the State of New York, state that I am a partner with The Nathanson Law Firm LLP, the attorneys of record for the Plaintiff, BLDG 424 SADDLEBACK LLC, BLDG 424 OLIVE LLC AND FEIL 424 BEACON LLC, in the within action; I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The reason this Verification is made by me and not by Plaintiff is that Plaintiff is a limited liability company and is located outside of the county where I maintain my office (Nassau County). The grounds of my belief as to all matters not stated upon my own knowledge are as follows: conversations with Plaintiff; examination of Plaintiff’s books and records. I affirm that the foregoing statements are true, under penalties of perjury. Dated: Garden City, NY February 26, 2024 ________________________________ MITCHELL A. NATHANSON, ESQ. 6 of 7 FILED: NEW YORK COUNTY CLERK 02/26/2024 09:09 AM INDEX NO. 650979/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------X Index No. BLDG 424 SADDLEBACK LLC, BLDG 424 OLIVE LLC AND FEIL 424 BEACON LLC, VERIFIED COMPLAINT Plaintiff, -against- VICTORY COMMERCIAL MANAGEMENT, INC. and SHENGJUN LIU , Defendant(s). -----------------------------------------------------------------X ******************************************** SUMMONS & COMPLAINT ********************************************* Attorney’s signature pursuant to 22 NYCRR 130-1.1a __________________________ Mitchell A. Nathanson The Nathanson Law Firm LLP Attorneys for Plaintiff 200 Garden City Plaza, Suite 408 Garden City, NY 11530 (516) 568-0000 mitchell@nathansonlaw.com 7 of 7