Preview
FILED: MONROE COUNTY CLERK 03/27/2024 01:02 PM INDEX NO. E2024005384
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF MONROE
PAYCHEX, INC.
911 Panorama Trail South SUMMONS
Rochester, New York 14625
Index No.
Plaintiff,
Plaintiff designates
v. Monroe County as the
place of trial.
CAMPFIRE EVERGREEN LLC
27883 Meadow Drive
Evergreen, Colorado 80439-8329
Defendant.
TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the attached Verified Complaint in
this action and to serve a copy of your Verified Answer within twenty (20) days after the
service of this Summons, exclusive of the day of service (or within thirty [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 Verified Complaint.
The basis of venue as designated in the Verified Complaint is Plaintiff’s principal
place of business, which is located in the County of Monroe at 911 Panorama Trail South,
Rochester New York 14625.
Dated: March 27, 2024 BOND, SCHOENECK & KING, PLLC
By: /s/ Jeremy M. Sher
Claire G. Bopp, Esq.
Jeremy M. Sher, Esq.
Attorneys for Plaintiff
Paychex, Inc.
350 Linden Oaks, Third Floor
Rochester, New York 14625-2825
Telephone: (585) 362-4700
cbopp@bsk.com
jsher@bsk.com
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FILED: MONROE COUNTY CLERK 03/27/2024 01:02 PM INDEX NO. E2024005384
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF MONROE
PAYCHEX, INC.,
Plaintiff,
v. VERIFIED COMPLAINT
CAMPFIRE EVERGREEN LLC, Index No.
Defendant.
Paychex, Inc. (“Paychex””), by and through its counsel, Bond, Schoeneck & King,
PLLC, as and for its Verified Complaint against CAMPFIRE EVERGREEN LLC
(“Defendant”), states as follows:
1. That at all times hereinafter mentioned, Paychex is and was (i) a Delaware
corporation with principal offices at 911 Panorama Trail South, Rochester, New York
14625-0397, and (ii) authorized to do business in the State of New York.
2. That at all times hereinafter mentioned, upon information and belief,
Defendant is a Colorado limited liability company with its principal place of business at
27883 Meadow Drive, Evergreen, Colorado 80439.
3. That jurisdiction and venue are proper in the County of Monroe, State of
New York, pursuant to Section 6(B) of the Payroll Services Agreement entered into by
Paychex and Defendant (the “Agreement”) and Paychex’s residence in Monroe County.
A true, accurate, correct and genuine copy of the Agreement is attached hereto as
Exhibit A and incorporated by reference as though fully set forth herein.
AS AND FOR A CAUSE OF ACTION
(Breach of Contract)
4. In or about June 2023, Defendant entered into the Agreement.
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FILED: MONROE COUNTY CLERK 03/27/2024 01:02 PM INDEX NO. E2024005384
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5. On or about September 15, 2023, pursuant to the terms of the Agreement,
Paychex processed Defendant’s payroll for the corresponding pay period.
6. Pursuant to the terms of the Agreement, Paychex advanced $15,348.88 in
funds from its own accounts to process Defendant’s payroll.
7. Of the funds that Paychex advanced on Defendant’s behalf, $15,000.00
remains due and owing to Paychex.
8. To date, Paychex has not received reimbursement from Defendant for the
$15,000.00 owed, despite due demand therefor.
9. Defendant has breached the Agreement, including Sections 4(A) and 6(B)
thereof, by failing to pay the outstanding balance due Paychex in accordance with the
terms therein.
10. As a result of Defendant’s breach of the Agreement, Paychex has been
damaged in an amount equal to $15,000.00, plus interest, costs and attorneys’ fees.
11. Paychex has performed all conditions, covenants and promises required of
it under the terms and conditions of the Agreement.
12. Paychex is entitled to interest at the rate of 1.5% per month and the cost of
collection of the unreimbursed funds, including reasonable attorneys’ fees and
disbursements, pursuant to Section 6(B) of the Agreement.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Paychex, Inc. demands judgment against Defendant in the
sum of $15,000.00 plus interest at 1.5% per month, attorneys’ fees, costs and
disbursements, and all additional expenses reasonably incurred by it in prosecuting this
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FILED: MONROE COUNTY CLERK 03/27/2024 01:02 PM INDEX NO. E2024005384
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action to enforce Defendant’s obligations under the Agreement, together with such other
and further relief as may be just and proper.
Dated: March 27, 2024 BOND, SCHOENECK & KING, PLLC
By: /s/ Jeremy M. Sher
Claire G. Bopp, Esq.
Jeremy M. Sher, Esq.
Attorneys for Plaintiff
Paychex, Inc.
350 Linden Oaks, Third Floor
Rochester, New York 14625-2825
Telephone: (585) 362-4700
cbopp@bsk.com
jsher@bsk.com
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FILED: MONROE COUNTY CLERK 03/27/2024 01:02 PM INDEX NO. E2024005384
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VERIFICATION
Janine Finochio affirms that deponent is the Financial Services Analyst, Collections
Risk of Paychex, Inc., the Plaintiff in the within action, that deponent has read the
foregoing Verified Complaint and knows the contents thereof, that the same is true to
deponenes own knowledge, except as to matters therein stated to be alleged on
information and belief, and as to those matters deponent believes it to be true.
I affirm this f day of March, 2024, under the penalties of perjury under the
laws of New York, which may include a fine or imprisonment, that the fore ue,
and I understand that this document may be filed in c i n or procee ing in ourt of
law. ..
nine Finochio
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Preview
FILED: MONROE COUNTY CLERK 03/27/2024 01:02 PM INDEX NO. E2024005384 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE PAYCHEX, INC. 911 Panorama Trail South SUMMONS Rochester, New York 14625 Index No. Plaintiff, Plaintiff designates v. Monroe County as the place of trial. CAMPFIRE EVERGREEN LLC 27883 Meadow Drive Evergreen, Colorado 80439-8329 Defendant. TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the attached Verified Complaint in this action and to serve a copy of your Verified Answer within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty [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 Verified Complaint. The basis of venue as designated in the Verified Complaint is Plaintiff’s principal place of business, which is located in the County of Monroe at 911 Panorama Trail South, Rochester New York 14625. Dated: March 27, 2024 BOND, SCHOENECK & KING, PLLC By: /s/ Jeremy M. Sher Claire G. Bopp, Esq. Jeremy M. Sher, Esq. Attorneys for Plaintiff Paychex, Inc. 350 Linden Oaks, Third Floor Rochester, New York 14625-2825 Telephone: (585) 362-4700 cbopp@bsk.com jsher@bsk.com 1 of 5 FILED: MONROE COUNTY CLERK 03/27/2024 01:02 PM INDEX NO. E2024005384 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE PAYCHEX, INC., Plaintiff, v. VERIFIED COMPLAINT CAMPFIRE EVERGREEN LLC, Index No. Defendant. Paychex, Inc. (“Paychex””), by and through its counsel, Bond, Schoeneck & King, PLLC, as and for its Verified Complaint against CAMPFIRE EVERGREEN LLC (“Defendant”), states as follows: 1. That at all times hereinafter mentioned, Paychex is and was (i) a Delaware corporation with principal offices at 911 Panorama Trail South, Rochester, New York 14625-0397, and (ii) authorized to do business in the State of New York. 2. That at all times hereinafter mentioned, upon information and belief, Defendant is a Colorado limited liability company with its principal place of business at 27883 Meadow Drive, Evergreen, Colorado 80439. 3. That jurisdiction and venue are proper in the County of Monroe, State of New York, pursuant to Section 6(B) of the Payroll Services Agreement entered into by Paychex and Defendant (the “Agreement”) and Paychex’s residence in Monroe County. A true, accurate, correct and genuine copy of the Agreement is attached hereto as Exhibit A and incorporated by reference as though fully set forth herein. AS AND FOR A CAUSE OF ACTION (Breach of Contract) 4. In or about June 2023, Defendant entered into the Agreement. 2 of 5 FILED: MONROE COUNTY CLERK 03/27/2024 01:02 PM INDEX NO. E2024005384 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 5. On or about September 15, 2023, pursuant to the terms of the Agreement, Paychex processed Defendant’s payroll for the corresponding pay period. 6. Pursuant to the terms of the Agreement, Paychex advanced $15,348.88 in funds from its own accounts to process Defendant’s payroll. 7. Of the funds that Paychex advanced on Defendant’s behalf, $15,000.00 remains due and owing to Paychex. 8. To date, Paychex has not received reimbursement from Defendant for the $15,000.00 owed, despite due demand therefor. 9. Defendant has breached the Agreement, including Sections 4(A) and 6(B) thereof, by failing to pay the outstanding balance due Paychex in accordance with the terms therein. 10. As a result of Defendant’s breach of the Agreement, Paychex has been damaged in an amount equal to $15,000.00, plus interest, costs and attorneys’ fees. 11. Paychex has performed all conditions, covenants and promises required of it under the terms and conditions of the Agreement. 12. Paychex is entitled to interest at the rate of 1.5% per month and the cost of collection of the unreimbursed funds, including reasonable attorneys’ fees and disbursements, pursuant to Section 6(B) of the Agreement. PRAYER FOR RELIEF WHEREFORE, Plaintiff Paychex, Inc. demands judgment against Defendant in the sum of $15,000.00 plus interest at 1.5% per month, attorneys’ fees, costs and disbursements, and all additional expenses reasonably incurred by it in prosecuting this 3 of 5 FILED: MONROE COUNTY CLERK 03/27/2024 01:02 PM INDEX NO. E2024005384 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 action to enforce Defendant’s obligations under the Agreement, together with such other and further relief as may be just and proper. Dated: March 27, 2024 BOND, SCHOENECK & KING, PLLC By: /s/ Jeremy M. Sher Claire G. Bopp, Esq. Jeremy M. Sher, Esq. Attorneys for Plaintiff Paychex, Inc. 350 Linden Oaks, Third Floor Rochester, New York 14625-2825 Telephone: (585) 362-4700 cbopp@bsk.com jsher@bsk.com 4 of 5 FILED: MONROE COUNTY CLERK 03/27/2024 01:02 PM INDEX NO. E2024005384 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 VERIFICATION Janine Finochio affirms that deponent is the Financial Services Analyst, Collections Risk of Paychex, Inc., the Plaintiff in the within action, that deponent has read the foregoing Verified Complaint and knows the contents thereof, that the same is true to deponenes own knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters deponent believes it to be true. I affirm this f day of March, 2024, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the fore ue, and I understand that this document may be filed in c i n or procee ing in ourt of law. .. nine Finochio 5 of 5