Preview
FILED: SUFFOLK COUNTY CLERK 03/04/2024 01:59 PM INDEX NO. 605562/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/04/2024
SUPREME COURT OF THE STATE OF NEW YORK Index No:
COUNTY OF SUFFOLK: Purchased
------------..-------..---------------....-----.-------Ç
RENAISSANCE HILLS PROPERTIES, LLC.,
Plaintiffs'
Business Address
Plaintiff, Designated as Basis of Venue
1710 Devonshire Road
-against- Hauppauge NY 11788
VIVINT, INC.,
Defendants.
----------..-------------------------..---...-----..----Ç
TO THE ABOVE-NAMED DEFENDANT(S)
YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action and to
serve a copy of your answer or, if the Complaint is not served with this Summons, to serve a Notice
Plaintiffs'
of Appearance on the attorneys within 20 days after the service of this Summons,
exclusive of the day of service (or within 30 days after the service is complete if this Summons is
not personally delivered to you within the State of New York); and in case of your failure to appear
or answer, judgment will be taken against you by default for the relief demanded in the Complaint.
DATED: Utuvd ), 2024
Ronkonkoma, New York 11779
FARR AND BASS
Attorneys for Plaintiff
3275 Veterans Memorial Highway, Suite B-12
Ronkonkoma, New York 11779
(631) 588-4000
Defendant's address
Vivint, Inc.
4931 North 300 West
Provo, Utah 84604
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/04/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK:
__---------------------__.._______..____________________________Ç
RENAISSANCE HILLS PROPERTIES, LLC, Index No.:
Plaintiffs, VERIFIED COMPLAINT
-against-
VIVINT, INC.,
Defendants.
_________________________________________________________________Ç
Plaintiffs, RENAISSANCE HILLS PROPERTIES, LLC, by their attorneys, FARR AND
BASS, ESQS., complaining of the Defendants, respectfully allege as follows:
1. That at all times hereinafter mentioned, the Plaintiff, RENAISSANCE HILLS
PROPERTIES, LLC., is a limited liability company with registered in the State of Delaware but
doing business in the State of New York and maintaining an office and place of business located
at 1710 Devonshire Road, Hauppauge, New York 11788.
2. That upon information and belief and at all times hereinafter mentioned, the Defendant,
VIVINT, INC, was and still is a foreign corporation, doing business in the State of New York.
3. That Plaintiff is the owner of the apartment complex known as Renaissance Hills
Apartments located in Hauppauge, New York.
4. That in the ordinary course of business, the Plaintiff leases apartments for rent.
5. That the Defendant leased the following apartments for use of their employees:
Address Lease term
-
a) 6 North Dorado Circle IE 4/10/23 4/9/24 monthly rent $2990
1 South Dorado Circle 1H 4/10/23 - 4/9/24 rent $2495
b) monthly
-
c) 3 South Dorado Circle IC 5/26/23 5/25/24 monthly rent $2645
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FILED: SUFFOLK COUNTY CLERK 03/04/2024 01:59 PM INDEX NO. 605562/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/04/2024
-
d) 7 North Dorado Circle 1E 4/10/23 4/9/24 monthly rent $2990
-
e) 14 North Dorado Circle IC 5/16/23 5/15/24 monthly rent $2895.
6. That the aforementioned apartment units were all leased for a period of one year at the
monthly rent set forth and for which a written lease was signed by an authorized representative of
Defendant.
7. That the Defendants vacated all of the aforementioned apartments, surrendering keys for
same on or about September 11, 2023.
8. That the Defendants failed to pay rent as per the terms of their leases for the following
apartment units as follows:
Address Vacate date Monthly rent Rent due to term
a) 6 North Dorado Circle IE 9/11/23 $2990 $21,827.00
b) 1 South Dorado Circle 1H 9/11/23 $2495 $18,213.50
c) 3 South Dorado Circle IC 9/11/23 $2645 $23,293.06
d) 7 North Dorado Circle 1E 9/11/23 $2990 $21,827.00
e) 14 North Dorado Circle IC 9/11/23 $2895 $24,560.81.
9. That the Defendant has breached all of the aforementioned leases between themselves
and Plaintiff.
10. That the Defendants owe the Plaintiff the sum of $109,721.37, as and for unpaid rent
though the term of the leases.
11. In addition to unpaid rents there remains a balance for unpaid utility bills in the sum of
$304.98.
12. That the Defendants owe the Plaintiff late payments in the amount of $2,100.00.
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13. That the Defendants owe the Plaintiff damages for damage to property in the amount
of $715.00.
14. Payment of unpaid rent has been duly demanded by Plaintiff but continues to remain
unpaid.
WHEREFORE, Plaintiffs demand judgment against the Defendants as follows:
a) For an award of unpaid rent in the sum of $61,867.50 from September 2023 to
April 9, 2024.
b) For an award of unpaid rent in the sum of $23,293.06 from September 2023 to
May 25, 2024.
c) For an award of unpaid rent in the sum of $24,560.81 from September 2023 to
May 15, 2024.
d) For an award for unpaid utility bills in the sum of $304.98.
e) For late fees incurred in the sum of $2,100.00.
attorneys'
f) for costs and fees incurred by Plaintiff in bringing and prosecuting
this action together with, costs and disbursements of this action; and
g) For such other and further relief as this Court may seem just and proper.
DATED: Ronkonkoma, New York
March , 2024
FARR AND BASS
Attorneys for Plaintiffs
3275 Veterans Memorial Highway B-12
Ronkonkoma, New York 11779
(631) 588-4000
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VERIFICATION
STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.:
DANIEL KAZARNOVSKY, Member of Renaissance Hills Properties, LLC., being
duly sworn, deposes and says:
I am the Plaintiff 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 beli
DANIEL KA
Syorn to before me this
/ day of March 2024
Notary Public
KATIE K GILBERT
NOTARY PUBLIC-STATE OF NEW YORK
No.01Gl6429418
Qualified in Orange County
My Commission Expires 02-14-2026
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FILED: SUFFOLK COUNTY CLERK 03/04/2024 01:59 PM INDEX NO. 605562/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/04/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------------------------------------------x
RENAISSANCE HILLS PROPERTIES, LLC.,
Plaintiff/Petitioner,
- against - Index No.
VIVINT, INC.,
Defendant/Respondent.
--- ---------x
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above has been commenced as an
electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as
required by CPLR § 2111 and Uniform Rule § 202.5-bb (mandatory electronic filing). This notice
is being served as required by that rule.
NYSCEF is designed for the electronic filing of documents with the County Clerk and the
court and for the electronic service of those documents, court documents, and court notices upon
counsei and unrepresented litigants who have consented to electronic filing.
Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be
filed with the County Clerk and the court and served on other parties simply, conveniently, and
quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the
NYSCEF Website, which can be done at any time of the day or night on any day of the week. The
documents are served automatically on all consenting e-filers as soon as the document is uploaded
to the website, which sends out an immediate email notification of the filing.
The NYSCEF System charges no fees for filing, serving, or viewing the electronic case
record, nor does it charge any fees to print any filed documents. Normal filing fees must be paid,
but this can be done on-line.
Parties represented by an attorney: An attorney representing a party who is served with
this notice must either: 1) immediately record his or her representation within the e-filed matter on
the NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action
is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that
they lack the computer hardware and/or scanner and/or internet connection or that they lack (along
with all employees subject to their direction) the operational knowledge to comply with e-filing
requirements. [Section 202.5-bb(e)]
Parties not represented an attorney: Unrepresented litigants are exempt from e-
by
filing. They can serve and file documents in paper form and must be served with documents
in paper form. However, an unrepresented litigant may participate in e-filing.
Page 1 of 2 EFM-1
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FILED: SUFFOLK COUNTY CLERK 03/04/2024 01:59 PM INDEX NO. 605562/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/04/2024
For information on how to participate in e-filing, unrepresented litigants should contact the
appropriate clerk in the court where the action was filed or visit www.nycourts.gov/efile-
unrepresented. Unrepresented litigants also are encouraged to visit www.nycourthelp.gov or
contact the Help Center in the court where the action was filed. An unrepresented iitigant who
consents to e-filing may cease participation at any time. However, the other parties may continue
to e-file their court documents in the case.
For additionai information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-
386-3033; e-mail: efile@nycourts.gov).
Dated:
March 4, 2024
3275 Veterans Memorial Highway, Suite B-12
Signature Address
BRIAN D. BASS, ESQ. Ronkonkoma NY 11779
Name
FARR & BASS 631-588-4000
Firm Name Phone
bdbass@farrandbass.Com
E-Mail
To: VIVINT, INC.
4931 North 300 West
Provo Utah 84604
9/3/15
Index # Page 2 of 2 EFM-1
7 of 7
Preview
FILED: SUFFOLK COUNTY CLERK 03/04/2024 01:59 PM INDEX NO. 605562/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/04/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No: COUNTY OF SUFFOLK: Purchased ------------..-------..---------------....-----.-------Ç RENAISSANCE HILLS PROPERTIES, LLC., Plaintiffs' Business Address Plaintiff, Designated as Basis of Venue 1710 Devonshire Road -against- Hauppauge NY 11788 VIVINT, INC., Defendants. ----------..-------------------------..---...-----..----Ç TO THE ABOVE-NAMED DEFENDANT(S) YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action and to serve a copy of your answer or, if the Complaint is not served with this Summons, to serve a Notice Plaintiffs' of Appearance on the attorneys within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. DATED: Utuvd ), 2024 Ronkonkoma, New York 11779 FARR AND BASS Attorneys for Plaintiff 3275 Veterans Memorial Highway, Suite B-12 Ronkonkoma, New York 11779 (631) 588-4000 Defendant's address Vivint, Inc. 4931 North 300 West Provo, Utah 84604 1 of 7 FILED: SUFFOLK COUNTY CLERK 03/04/2024 01:59 PM INDEX NO. 605562/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/04/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK: __---------------------__.._______..____________________________Ç RENAISSANCE HILLS PROPERTIES, LLC, Index No.: Plaintiffs, VERIFIED COMPLAINT -against- VIVINT, INC., Defendants. _________________________________________________________________Ç Plaintiffs, RENAISSANCE HILLS PROPERTIES, LLC, by their attorneys, FARR AND BASS, ESQS., complaining of the Defendants, respectfully allege as follows: 1. That at all times hereinafter mentioned, the Plaintiff, RENAISSANCE HILLS PROPERTIES, LLC., is a limited liability company with registered in the State of Delaware but doing business in the State of New York and maintaining an office and place of business located at 1710 Devonshire Road, Hauppauge, New York 11788. 2. That upon information and belief and at all times hereinafter mentioned, the Defendant, VIVINT, INC, was and still is a foreign corporation, doing business in the State of New York. 3. That Plaintiff is the owner of the apartment complex known as Renaissance Hills Apartments located in Hauppauge, New York. 4. That in the ordinary course of business, the Plaintiff leases apartments for rent. 5. That the Defendant leased the following apartments for use of their employees: Address Lease term - a) 6 North Dorado Circle IE 4/10/23 4/9/24 monthly rent $2990 1 South Dorado Circle 1H 4/10/23 - 4/9/24 rent $2495 b) monthly - c) 3 South Dorado Circle IC 5/26/23 5/25/24 monthly rent $2645 2 of 7 FILED: SUFFOLK COUNTY CLERK 03/04/2024 01:59 PM INDEX NO. 605562/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/04/2024 - d) 7 North Dorado Circle 1E 4/10/23 4/9/24 monthly rent $2990 - e) 14 North Dorado Circle IC 5/16/23 5/15/24 monthly rent $2895. 6. That the aforementioned apartment units were all leased for a period of one year at the monthly rent set forth and for which a written lease was signed by an authorized representative of Defendant. 7. That the Defendants vacated all of the aforementioned apartments, surrendering keys for same on or about September 11, 2023. 8. That the Defendants failed to pay rent as per the terms of their leases for the following apartment units as follows: Address Vacate date Monthly rent Rent due to term a) 6 North Dorado Circle IE 9/11/23 $2990 $21,827.00 b) 1 South Dorado Circle 1H 9/11/23 $2495 $18,213.50 c) 3 South Dorado Circle IC 9/11/23 $2645 $23,293.06 d) 7 North Dorado Circle 1E 9/11/23 $2990 $21,827.00 e) 14 North Dorado Circle IC 9/11/23 $2895 $24,560.81. 9. That the Defendant has breached all of the aforementioned leases between themselves and Plaintiff. 10. That the Defendants owe the Plaintiff the sum of $109,721.37, as and for unpaid rent though the term of the leases. 11. In addition to unpaid rents there remains a balance for unpaid utility bills in the sum of $304.98. 12. That the Defendants owe the Plaintiff late payments in the amount of $2,100.00. 3 of 7 FILED: SUFFOLK COUNTY CLERK 03/04/2024 01:59 PM INDEX NO. 605562/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/04/2024 13. That the Defendants owe the Plaintiff damages for damage to property in the amount of $715.00. 14. Payment of unpaid rent has been duly demanded by Plaintiff but continues to remain unpaid. WHEREFORE, Plaintiffs demand judgment against the Defendants as follows: a) For an award of unpaid rent in the sum of $61,867.50 from September 2023 to April 9, 2024. b) For an award of unpaid rent in the sum of $23,293.06 from September 2023 to May 25, 2024. c) For an award of unpaid rent in the sum of $24,560.81 from September 2023 to May 15, 2024. d) For an award for unpaid utility bills in the sum of $304.98. e) For late fees incurred in the sum of $2,100.00. attorneys' f) for costs and fees incurred by Plaintiff in bringing and prosecuting this action together with, costs and disbursements of this action; and g) For such other and further relief as this Court may seem just and proper. DATED: Ronkonkoma, New York March , 2024 FARR AND BASS Attorneys for Plaintiffs 3275 Veterans Memorial Highway B-12 Ronkonkoma, New York 11779 (631) 588-4000 4 of 7 FILED: SUFFOLK COUNTY CLERK 03/04/2024 01:59 PM INDEX NO. 605562/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/04/2024 VERIFICATION STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: DANIEL KAZARNOVSKY, Member of Renaissance Hills Properties, LLC., being duly sworn, deposes and says: I am the Plaintiff 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 beli DANIEL KA Syorn to before me this / day of March 2024 Notary Public KATIE K GILBERT NOTARY PUBLIC-STATE OF NEW YORK No.01Gl6429418 Qualified in Orange County My Commission Expires 02-14-2026 5 of 7 FILED: SUFFOLK COUNTY CLERK 03/04/2024 01:59 PM INDEX NO. 605562/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/04/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------------------------x RENAISSANCE HILLS PROPERTIES, LLC., Plaintiff/Petitioner, - against - Index No. VIVINT, INC., Defendant/Respondent. --- ---------x NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above has been commenced as an electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as required by CPLR § 2111 and Uniform Rule § 202.5-bb (mandatory electronic filing). This notice is being served as required by that rule. NYSCEF is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsei and unrepresented litigants who have consented to electronic filing. Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be filed with the County Clerk and the court and served on other parties simply, conveniently, and quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the NYSCEF Website, which can be done at any time of the day or night on any day of the week. The documents are served automatically on all consenting e-filers as soon as the document is uploaded to the website, which sends out an immediate email notification of the filing. The NYSCEF System charges no fees for filing, serving, or viewing the electronic case record, nor does it charge any fees to print any filed documents. Normal filing fees must be paid, but this can be done on-line. Parties represented by an attorney: An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing requirements. [Section 202.5-bb(e)] Parties not represented an attorney: Unrepresented litigants are exempt from e- by filing. They can serve and file documents in paper form and must be served with documents in paper form. However, an unrepresented litigant may participate in e-filing. Page 1 of 2 EFM-1 6 of 7 FILED: SUFFOLK COUNTY CLERK 03/04/2024 01:59 PM INDEX NO. 605562/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/04/2024 For information on how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the court where the action was filed or visit www.nycourts.gov/efile- unrepresented. Unrepresented litigants also are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the action was filed. An unrepresented iitigant who consents to e-filing may cease participation at any time. However, the other parties may continue to e-file their court documents in the case. For additionai information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646- 386-3033; e-mail: efile@nycourts.gov). Dated: March 4, 2024 3275 Veterans Memorial Highway, Suite B-12 Signature Address BRIAN D. BASS, ESQ. Ronkonkoma NY 11779 Name FARR & BASS 631-588-4000 Firm Name Phone bdbass@farrandbass.Com E-Mail To: VIVINT, INC. 4931 North 300 West Provo Utah 84604 9/3/15 Index # Page 2 of 2 EFM-1 7 of 7