Preview
FILED: ORANGE COUNTY CLERK 03/01/2024 02:51 PM INDEX NO. EF001750-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
________________________________________________________________________Ç
STEARNS BANK, N.A., Index No.
:
Plaintiff,
: SUMMONS
- against -
:
THE BARRIER GROUP INC. and JOEL REICH,
:
Defendants.
________________________________________________________________________Ç
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorney
an answer to the complaint in this action within (20) days after service of this
twenty
summons, exclusive of the of service, or within (30) days after the service is
day thirty
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 default for the
by
relief demanded in the Complaint.
defendants'
The basis for the venue designated is residence and principal place of
business within the State of New York.
Dated:New York, New York
March 1, 2024 FOSTER & WOLKIND, P.C.
By:Petes 8'. voster, $49,
PETER B. FOSTER, ESQ.
for Plaintiff
Attorney
Stearns Bank, N.A.
80 Fifth Avenue, Suite 1401
New York, New York 10011-8002
Tel: (212) 691-2313
Filed in Orange County 03/01/2024 02:51:18 PM $0.00 Bk: 1 of
5156 22 Pg: 1553 Index: # EF001750-2024 Clerk: SW
FILED: ORANGE COUNTY CLERK 03/01/2024 02:51 PM INDEX NO. EF001750-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024
Defendants'
Addresses:
The Barrier Group Inc.
435 Bellvale Road
Chester, New York 10918
Joel Reich
108 Seven Springs Road
Monroe, New York 10950
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
________________________________________________________________________Ç
STEARNS BANK, N.A., Index No.
:
Plaintiff,
: COMPLAINT
- against -
:
THE BARRIER GROUP INC. and JOEL REICH,
:
Defendants.
________________________________________________________________________Ç
Plaintiff, Stearns Bank, N.A. (hereinafter "Stearns"), by its attorneys, Foster &
Wo1kind, P.C., as and for its complaint against defendants, The Barrier Inc.
Group
(hereinafter "The Barrier Group") and Joel Reich (hereinafter "Reich"), respectfully
alleges as follows:
1. At all relevant times mentioned herein, Stearns was and still is a national bank
with offices located at 500 13th Street, Albany, Minnesota 56307.
2. At all relevant times mentioned herein, Stearns was and still is authorized to
do business within the State of New York.
3. Upon information and belief, at all relevant times mentioned herein, The
Barrier
Group was and still is a corporation organized and existing by virtue of the laws
of the State of New York.
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4. Upon information and belief, at all relevant times mentioned herein, The
Barrier
Group maintained its principal place of business within the State of New York
at 435 Bellvale Road, Chester, New York 10918.
5. Upon information and belief, at all relevant times mentioned herein, The
Barrier
Group was and still is doing business as Drip Drop
Waterproofing.
6. Upon information and belief, at all relevant times mentioned herein, defendant
Reich was and still is a resident of the State of New York, residing at 108 Seven Springs
Road, Monroe, New York 10950.
7. Upon information and belief, at all relevant times mentioned herein, defendant
Reich maintained his principal place of business within the State of New York at 435
Bellvale Road, Chester, New York 10918.
AS AND FOR A FIRST CAUSE OF ACTION
(Replevin/Order of Seizure Under Agreement I and Surety Agreement I
8. Stearns repeats and realleges each and allegation contained in
every
paragraphs one (1) through seven (7) above as if set forth at length herein.
fully
9. On or about December 30, 2015 a Pennsylvania company then known as
Oakmont Capital Services LLC (hereinafter "Oakmont") financed defendant The Barrier
Group's acquisition of certain equipment, to wit: a 2015 NiftyLift TD50 bearing
serial
number 17 29795 (hereinafter
collectively
"Collateral I").
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10. In furtherance of Oakmont financing The Barrier Group's acquisition of
Collateral I, on or about December 30, 2015 The Barrier
Group and Oakmont Capital
entered into a written equipment finance agreement and amendment thereto
(hereinafter the "Agreement I").
collectively
11. Pursuant to the Agreement, Oakmont agreed to finance The Barrier Group's
acquisition of Collateral I, and in consideration thereof, as well other good and valuable
consideration, The Barrier
Group
agreed: i) to pay to Oakmont the sum of $78,495.00 in
equal installments of $1,308.25, over a term of (60) months (hereinafter
monthly sixty
"Initial Term I"), with the first and last installments payable in advance; ii) to grant
Oakmont a security interest in Collateral I, as well as all rights and remedies afforded to
a purchase secured under the Uniform Commercial Code, and iii) to
money party
permit Oakmont, or its successors and/or assigns to file a UCC-1 financing statement
its interest in Collateral I.
perfecting security
12. In further consideration of Oakmont agreeing to finance The Barrier Group's
acquisition of Collateral I, on or about December 30, 2015 defendant Joel Reich executed
written agreements (hereinafter I") pursuant to which
suretyship collectively "Guaranty
he agreed to Oakmont, its successor and assigns, the payment and
unconditionally
performance of The Barrier Group's obligations under Agreement I.
13. On or before December 30, 2015 Oakmont provided the financing
for The
Barrier Group's acquisition of Collateral I, and then, for good and valuable
consideration, sold, assigned and transferred to Stearns all of Oakmont's right, title and
3
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interest in and to Collateral I, Agreement I, as well as the payments then due and to
become due thereunder.
14. On December 30, 2015 Stearns filed a UCC-1 financing statement perfecting
its interest in Collateral I.
security
15. Defendant The Barrier paid forty-six (46) of the
Group approximately sixty
(60) payments that were required to be paid under Agreement I
monthly totaling
$60,386.70, but then defaulted under Agreement I and breached Agreement I
by failing
to the installment that became due on or before October 30, 2019, and
pay monthly by
failing to make any
further
monthly installment payments when due under Agreement
I.
16. As a result of The Barrier Group's defaults, and pursuant to paragraphs
seventeen (17) and twenty-one (21) of Agreement I, and pursuant to the Uniform
Commercial Code, The Barrier Group, Stearns became entitled to recover
immediately
possession of Collateral I.
17. The defendants have failed and refused to permit Stearns to recover
possession of Collateral I, despite The Barrier Group's defaults under Agreement I, and
despite demand that the defendants deliver possession of Collateral I to Stearns.
18. Collateral I has an estimated fair market value of $30,000.00 and is being
withheld defendants.
wrongfully by
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19. Upon information and belief, Collateral I is located at 435 Bellvale Road,
Chester, NewYork 10918.
20. Collateral I can be easily moved and secreted, and can further be liquidated
the defendants with relative ease.
by
21. Given defendant The Barrier Group's defaults under Agreement I, and the
defendants'
express unwillingness to return Collateral I to Stearns, it is highly likely
that defendants intend to utilize whatever means necessary, the sale and/or
including
of Collateral I, to deprive Stearns of its interest and rights
secreting security possessory
in and to Collateral I.
22.
By reason of the foregoing, Stearns respectfully requests an order:
i) the defendants from removing, transferring, concealing,
prohibiting disposing
of, selling, pledging, and/or Collateral I;
assigning
ii) and defendants to disclose the location of Collateral I and
compelling ordering
to turn over the Collateral I to Stearns;
iii) pursuant to CPLR §7102, directing the Sheriff (or such
similarly authorized
law enforcement official) of where Collateral I is located to seize Collateral I,
any county
and if Collateral I is not delivered to said Sheriff:
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iv) said Sheriff (or such authorized law enforcement official)
permitting similarly
to break open, enter, and search for Collateral I at 435 Bellvale Road, Chester, New York
10918, and at such other locations at which Collateral I
may be located.
AS AND FOR A SECOND CAUSE OF ACTION
(Replevin/Order of Seizure Under Agreement II and Surety Agreement II
23. Stearns repeats and realleges each and allegation contained in
every
paragraphs one (1) through twenty-two (22) above as if fully set forth at length herein.
24. On or about January 26, 2016 Oakmont financed defendant The Barrier
Group's acquisition of certain motor vehicles, to wit: a 2012 Ford E350 Box truck having
VIN number 1FDWE3FS7CDA34659, a 2012 Ford Box Truck having VIN number
1FDWE3FS4CDA53928, as well as certain additional equipment, to wit: a WIWA Spray
System - Duomix 230 having
serial number 8000291 and a WIWA Spray
System -
Professional
having
serial number 2012253 (hereinafter all
collectively
"Collateral II").
25. In furtherance of Oakmont financing The Barrier Group's acquisition of
Collateral II, on or about January 21, 2016 The Barrier
Group and Oakmont Capital
entered into another written equipment finance agreement with addenda thereto
(hereinafter the "Agreement II").
collectively
26. Pursuant to the Agreement, Oakmont agreed to finance The Barrier Group's
acquisition of Collateral II, and in consideration thereof, as well other good and
valuable consideration, The Barrier
Group
agreed: i) to grant Oakmont a security
interest in Collateral II, as well as all rights and remedies afforded to a purchase money
6
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secured under the Uniform Commercial Code, ii) to permit Oakmont, or its
party
successors and/or assigns to file a UCC-1 financing statement perfecting its security
interest in Collateral II, and iii) to pay to Oakmont the sum of $68,674.53 over a term of
sixty-two (62) months (hereinafter "Initial Term II") in accordance with the following
payment schedule:
i) one (1) payment of $500.00; followed by
ii) one (1) payment of $3,038.53; followed by
iii) (60) equal installments of $1,085.60 payable over
sixty monthly fifty
fifty-nine (59) consecutive months, with the first installment of
$1,085.60 and last installment of $1,085.60 payable in advance.
27. In further consideration of Oakmont agreeing to finance The Barrier Group's
acquisition of Collateral II, on or about 21, 2016 defendant Joel Reich executed
January
written agreements (hereinafter II") pursuant to
suretyship collectively "Guaranty
which he agreed to Oakmont, its successor and assigns, the payment
unconditionally
and performance of The Barrier Group's obligations under Agreement II.
28. On or before on or about January 26, 2016 Oakmont provided the financing
for The Barrier Group's acquisition of Collateral II, and then, for good and valuable
consideration, sold, assigned and transferred to Stearns all of Oakmont's right, title and
interest in and to Collateral II, Agreement II, as well as the payments then due and to
become due thereunder.
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29. On January 26, 2016 Stearns filed a UCC-1 financing statement perfecting its
security interest in the portion of the Collateral
consisting
of the WIWA Spray
System -
Duomix 230 and a WIWA Spray
System - Professional.
30. Defendant The Barrier paid forty-six (46) of the sixty-two (62)
Group monthly
payments that were required to be paid under Agreement II $51,304.93, but
totaling
then defaulted under Agreement II and breached Agreement II to the
by failing pay
monthly installment that became due on or before November 25, 2019, and by failing to
make any
Preview
FILED: ORANGE COUNTY CLERK 03/01/2024 02:51 PM INDEX NO. EF001750-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ________________________________________________________________________Ç STEARNS BANK, N.A., Index No. : Plaintiff, : SUMMONS - against - : THE BARRIER GROUP INC. and JOEL REICH, : Defendants. ________________________________________________________________________Ç TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorney an answer to the complaint in this action within (20) days after service of this twenty summons, exclusive of the of service, or within (30) days after the service is day thirty 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 default for the by relief demanded in the Complaint. defendants' The basis for the venue designated is residence and principal place of business within the State of New York. Dated:New York, New York March 1, 2024 FOSTER & WOLKIND, P.C. By:Petes 8'. voster, $49, PETER B. FOSTER, ESQ. for Plaintiff Attorney Stearns Bank, N.A. 80 Fifth Avenue, Suite 1401 New York, New York 10011-8002 Tel: (212) 691-2313 Filed in Orange County 03/01/2024 02:51:18 PM $0.00 Bk: 1 of 5156 22 Pg: 1553 Index: # EF001750-2024 Clerk: SW FILED: ORANGE COUNTY CLERK 03/01/2024 02:51 PM INDEX NO. EF001750-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 Defendants' Addresses: The Barrier Group Inc. 435 Bellvale Road Chester, New York 10918 Joel Reich 108 Seven Springs Road Monroe, New York 10950 2 2 of 22 FILED: ORANGE COUNTY CLERK 03/01/2024 02:51 PM INDEX NO. EF001750-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ________________________________________________________________________Ç STEARNS BANK, N.A., Index No. : Plaintiff, : COMPLAINT - against - : THE BARRIER GROUP INC. and JOEL REICH, : Defendants. ________________________________________________________________________Ç Plaintiff, Stearns Bank, N.A. (hereinafter "Stearns"), by its attorneys, Foster & Wo1kind, P.C., as and for its complaint against defendants, The Barrier Inc. Group (hereinafter "The Barrier Group") and Joel Reich (hereinafter "Reich"), respectfully alleges as follows: 1. At all relevant times mentioned herein, Stearns was and still is a national bank with offices located at 500 13th Street, Albany, Minnesota 56307. 2. At all relevant times mentioned herein, Stearns was and still is authorized to do business within the State of New York. 3. Upon information and belief, at all relevant times mentioned herein, The Barrier Group was and still is a corporation organized and existing by virtue of the laws of the State of New York. 3 of 22 FILED: ORANGE COUNTY CLERK 03/01/2024 02:51 PM INDEX NO. EF001750-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 4. Upon information and belief, at all relevant times mentioned herein, The Barrier Group maintained its principal place of business within the State of New York at 435 Bellvale Road, Chester, New York 10918. 5. Upon information and belief, at all relevant times mentioned herein, The Barrier Group was and still is doing business as Drip Drop Waterproofing. 6. Upon information and belief, at all relevant times mentioned herein, defendant Reich was and still is a resident of the State of New York, residing at 108 Seven Springs Road, Monroe, New York 10950. 7. Upon information and belief, at all relevant times mentioned herein, defendant Reich maintained his principal place of business within the State of New York at 435 Bellvale Road, Chester, New York 10918. AS AND FOR A FIRST CAUSE OF ACTION (Replevin/Order of Seizure Under Agreement I and Surety Agreement I 8. Stearns repeats and realleges each and allegation contained in every paragraphs one (1) through seven (7) above as if set forth at length herein. fully 9. On or about December 30, 2015 a Pennsylvania company then known as Oakmont Capital Services LLC (hereinafter "Oakmont") financed defendant The Barrier Group's acquisition of certain equipment, to wit: a 2015 NiftyLift TD50 bearing serial number 17 29795 (hereinafter collectively "Collateral I"). 2 4 of 22 FILED: ORANGE COUNTY CLERK 03/01/2024 02:51 PM INDEX NO. EF001750-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 10. In furtherance of Oakmont financing The Barrier Group's acquisition of Collateral I, on or about December 30, 2015 The Barrier Group and Oakmont Capital entered into a written equipment finance agreement and amendment thereto (hereinafter the "Agreement I"). collectively 11. Pursuant to the Agreement, Oakmont agreed to finance The Barrier Group's acquisition of Collateral I, and in consideration thereof, as well other good and valuable consideration, The Barrier Group agreed: i) to pay to Oakmont the sum of $78,495.00 in equal installments of $1,308.25, over a term of (60) months (hereinafter monthly sixty "Initial Term I"), with the first and last installments payable in advance; ii) to grant Oakmont a security interest in Collateral I, as well as all rights and remedies afforded to a purchase secured under the Uniform Commercial Code, and iii) to money party permit Oakmont, or its successors and/or assigns to file a UCC-1 financing statement its interest in Collateral I. perfecting security 12. In further consideration of Oakmont agreeing to finance The Barrier Group's acquisition of Collateral I, on or about December 30, 2015 defendant Joel Reich executed written agreements (hereinafter I") pursuant to which suretyship collectively "Guaranty he agreed to Oakmont, its successor and assigns, the payment and unconditionally performance of The Barrier Group's obligations under Agreement I. 13. On or before December 30, 2015 Oakmont provided the financing for The Barrier Group's acquisition of Collateral I, and then, for good and valuable consideration, sold, assigned and transferred to Stearns all of Oakmont's right, title and 3 5 of 22 FILED: ORANGE COUNTY CLERK 03/01/2024 02:51 PM INDEX NO. EF001750-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 interest in and to Collateral I, Agreement I, as well as the payments then due and to become due thereunder. 14. On December 30, 2015 Stearns filed a UCC-1 financing statement perfecting its interest in Collateral I. security 15. Defendant The Barrier paid forty-six (46) of the Group approximately sixty (60) payments that were required to be paid under Agreement I monthly totaling $60,386.70, but then defaulted under Agreement I and breached Agreement I by failing to the installment that became due on or before October 30, 2019, and pay monthly by failing to make any further monthly installment payments when due under Agreement I. 16. As a result of The Barrier Group's defaults, and pursuant to paragraphs seventeen (17) and twenty-one (21) of Agreement I, and pursuant to the Uniform Commercial Code, The Barrier Group, Stearns became entitled to recover immediately possession of Collateral I. 17. The defendants have failed and refused to permit Stearns to recover possession of Collateral I, despite The Barrier Group's defaults under Agreement I, and despite demand that the defendants deliver possession of Collateral I to Stearns. 18. Collateral I has an estimated fair market value of $30,000.00 and is being withheld defendants. wrongfully by 4 6 of 22 FILED: ORANGE COUNTY CLERK 03/01/2024 02:51 PM INDEX NO. EF001750-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 19. Upon information and belief, Collateral I is located at 435 Bellvale Road, Chester, NewYork 10918. 20. Collateral I can be easily moved and secreted, and can further be liquidated the defendants with relative ease. by 21. Given defendant The Barrier Group's defaults under Agreement I, and the defendants' express unwillingness to return Collateral I to Stearns, it is highly likely that defendants intend to utilize whatever means necessary, the sale and/or including of Collateral I, to deprive Stearns of its interest and rights secreting security possessory in and to Collateral I. 22. By reason of the foregoing, Stearns respectfully requests an order: i) the defendants from removing, transferring, concealing, prohibiting disposing of, selling, pledging, and/or Collateral I; assigning ii) and defendants to disclose the location of Collateral I and compelling ordering to turn over the Collateral I to Stearns; iii) pursuant to CPLR §7102, directing the Sheriff (or such similarly authorized law enforcement official) of where Collateral I is located to seize Collateral I, any county and if Collateral I is not delivered to said Sheriff: 5 7 of 22 FILED: ORANGE COUNTY CLERK 03/01/2024 02:51 PM INDEX NO. EF001750-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 iv) said Sheriff (or such authorized law enforcement official) permitting similarly to break open, enter, and search for Collateral I at 435 Bellvale Road, Chester, New York 10918, and at such other locations at which Collateral I may be located. AS AND FOR A SECOND CAUSE OF ACTION (Replevin/Order of Seizure Under Agreement II and Surety Agreement II 23. Stearns repeats and realleges each and allegation contained in every paragraphs one (1) through twenty-two (22) above as if fully set forth at length herein. 24. On or about January 26, 2016 Oakmont financed defendant The Barrier Group's acquisition of certain motor vehicles, to wit: a 2012 Ford E350 Box truck having VIN number 1FDWE3FS7CDA34659, a 2012 Ford Box Truck having VIN number 1FDWE3FS4CDA53928, as well as certain additional equipment, to wit: a WIWA Spray System - Duomix 230 having serial number 8000291 and a WIWA Spray System - Professional having serial number 2012253 (hereinafter all collectively "Collateral II"). 25. In furtherance of Oakmont financing The Barrier Group's acquisition of Collateral II, on or about January 21, 2016 The Barrier Group and Oakmont Capital entered into another written equipment finance agreement with addenda thereto (hereinafter the "Agreement II"). collectively 26. Pursuant to the Agreement, Oakmont agreed to finance The Barrier Group's acquisition of Collateral II, and in consideration thereof, as well other good and valuable consideration, The Barrier Group agreed: i) to grant Oakmont a security interest in Collateral II, as well as all rights and remedies afforded to a purchase money 6 8 of 22 FILED: ORANGE COUNTY CLERK 03/01/2024 02:51 PM INDEX NO. EF001750-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 secured under the Uniform Commercial Code, ii) to permit Oakmont, or its party successors and/or assigns to file a UCC-1 financing statement perfecting its security interest in Collateral II, and iii) to pay to Oakmont the sum of $68,674.53 over a term of sixty-two (62) months (hereinafter "Initial Term II") in accordance with the following payment schedule: i) one (1) payment of $500.00; followed by ii) one (1) payment of $3,038.53; followed by iii) (60) equal installments of $1,085.60 payable over sixty monthly fifty fifty-nine (59) consecutive months, with the first installment of $1,085.60 and last installment of $1,085.60 payable in advance. 27. In further consideration of Oakmont agreeing to finance The Barrier Group's acquisition of Collateral II, on or about 21, 2016 defendant Joel Reich executed January written agreements (hereinafter II") pursuant to suretyship collectively "Guaranty which he agreed to Oakmont, its successor and assigns, the payment unconditionally and performance of The Barrier Group's obligations under Agreement II. 28. On or before on or about January 26, 2016 Oakmont provided the financing for The Barrier Group's acquisition of Collateral II, and then, for good and valuable consideration, sold, assigned and transferred to Stearns all of Oakmont's right, title and interest in and to Collateral II, Agreement II, as well as the payments then due and to become due thereunder. 7 9 of 22 FILED: ORANGE COUNTY CLERK 03/01/2024 02:51 PM INDEX NO. EF001750-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 29. On January 26, 2016 Stearns filed a UCC-1 financing statement perfecting its security interest in the portion of the Collateral consisting of the WIWA Spray System - Duomix 230 and a WIWA Spray System - Professional. 30. Defendant The Barrier paid forty-six (46) of the sixty-two (62) Group monthly payments that were required to be paid under Agreement II $51,304.93, but totaling then defaulted under Agreement II and breached Agreement II to the by failing pay monthly installment that became due on or before November 25, 2019, and by failing to make any