Preview
FILED: NEW YORK COUNTY CLERK 04/11/2024 03:47 PM INDEX NO. 651908/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------X Index No.:
T&M USA, LLC, Date Purchased:
Plaintiff,
SUMMONS
-against-
RANDALL WARD,
Defendant.
------------------------------------------------------------------X
To the Person Named as Defendant above:
PLEASE TAKE NOTICE THAT YOU ARE SUMMONED to answer the complaint of the
Plaintiff herein and to serve a copy of your answer on the Plaintiff’s Attorney at the address
indicated below within 20 days after service of this Summons (not counting the day of service
itself), where service is made by delivery upon you personally within the State, or within 30 days
after service is complete if the Summons is not delivered personally to you within the State of New
York.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered
against you by default for the relief demanded in the Complaint.
DATED: April 11, 2024
New York, New York
MARTIN G. GLEESON, ESQ.
Attorney for the Plaintiff
230 Park Avenue, Suite 440
New York, NY 10169
(212) 514-4524
Venue: Plaintiff designates New York County as the place of trial. The basis of this designation is
Plaintiff’s residence in New York County at: 230 Park Avenue, Suite 440, New York, NY 10169.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------X Index No.:
T&M USA, LLC,
Plaintiff,
VERIFIED COMPLAINT
-against-
RANDALL WARD,
Defendant.
------------------------------------------------------------------X
Plaintiff, T&M USA, LLC (hereinafter “T&M” and/or “Plaintiff”), by its attorney, Martin G.
Gleeson, Esq., as and for its Verified Complaint, alleges the following upon information and belief:
PRELIMINARY STATEMENT
1. T&M brings this action to recover damages it suffered as a result of, inter alia:
(i) Defendant Randall Ward’s (hereinafter “Ward” or “Defendant”) breach of contract; and (ii)
Defendant’s resulting unjust enrichment.
2. On or about May 13, 2023, T&M, an investigations and security firm, was contacted by
Brian C. Ascher, Esq. of the law firm Gibson, Dunn & Crutcher LLP (hereinafter “Ascher”) to
render investigative services within New York City and other locations to assist Ascher in his legal
representation of Ward in a personal civil matter. Owing to exigencies of the matter, Ascher
requested that T&M commence immediate surveillance of an individual (hereinafter the “Subject”)
within New York City beginning on May 13, 2023, and T&M performed such services in response
to that request. 1
1
The nature of T&M’s work is such that it is often called upon to render immediate field work, such as surveillance,
given exigent circumstances in particular cases, prior to formal agreement on all terms and conditions of its
engagement.
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3. Following further discussions, T&M provided Ascher with a written offer, signed by
T&M’s Executive Vice President, Michael J. Mansfield, which proposed specific services to be
performed by T&M and the charges and fees therefore, and other terms and conditions of T&M’s
services (hereinafter “Offer”).
4. The Offer provided that Ascher would not be financially responsible to T&M for any fees,
costs, or expenses and that all such fees, costs and expenses would be paid by Ward. The services
to be provided by T&M included an extensive due diligence background investigation on the
Subject and delivery of a report for a flat fee of $8,000.00, plus additional costs and applicable
taxes. The Offer also called for additional investigative services as directed by Ascher with hourly
rates of $500.00 for services provided by T&M’s Executive Vice President, Vice President and
Managing Director; $350.00 for services provided T&M’s Chief Investigator; and $275.00 for
services provided by T&M Senior Investigators and Analysts, plus expenses and applicable taxes.
A copy of the Offer is attached as Exhibit “A” (hereinafter “Offer”).
5. On or about May 17, 2023, Ascher verbally advised T&M that he had conferred with Ward,
and that Ward had reviewed the Offer and agreed and accepted the specific services to be
performed, the charges and fees therefore, and all other terms and conditions of T&M’s services
set forth in the Offer. Ascher advised T&M that he was authorized by Ward to accept the Offer in
its entirety as counsel for Ward. Thus, T&M and the Defendant entered into a contract for services
on May 17, 2023 (hereinafter “Agreement”).
6. As per the Agreement, Ascher directed that T&M conduct further extensive surveillance
of the Subject within New York City and other locations. During the month of May 2023, and in
accordance with the directions of Ascher, multiple T&M agents performed numerous hours of
surveillance on the Subject within New York City and other locations.
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7. As per a pre-arranged plan, on May 18, 2023, the Defendant personally met with two T&M
agents at the residence of the Subject in New York City. The T&M agents assisted Ward on that
date, time and location for four hours.
8. Throughout the course of the surveillance conducted by T&M, regular updates were
provided to Ascher.
9. On or about June 30, 2023, T&M delivered a comprehensive ten-page background report
on the Subject to Ascher as per the Agreement.
THE BREACH
10. An Invoice in the amount of $76,687.13 for services rendered by T&M was initially
presented to Ascher for the purposes of securing payment from the Defendant as per the Agreement
on August 24, 2023; October 12, 2023; November 2, 2023; November 9, 2023 and November 16,
2023. A copy of the Invoice (with information identifying the Subject redacted) is attached as
Exhibit “B” (hereinafter “Invoice”). Ascher advised T&M that he provided Defendant with the
Invoice and repeatedly asked the Defendant to make payment on the Invoice; however, the
Defendant did not remit payment. On November 20, 2023, Ascher asked T&M to seek payment
directly from the Defendant. The Invoice was thereafter presented directly to the Defendant for
payment by T&M on November 20, 2023, as well as January 2, 2024. The Defendant still did not
remit payment.
11. On or about November 29, 2023, T&M’s Chief Investigator, William Weller, personally
spoke with the Defendant by telephone. The Defendant acknowledged the debt owed to T&M,
indicated satisfaction with the investigative services provided by T&M, and further acknowledged
that he was in possession of the Invoice. Defendant indicated he would have his bookkeeper make
immediate payment of the amount due. However, the Defendant still did not remit payment.
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12. The Defendant has not responded to numerous additional telephone calls, texts and other
correspondence seeking payment.
13. The Defendant has never objected to payment of the amount stated in the Invoice at any
time.
14. The Defendant has refused to make payment to T&M for the amount due and owing.
THE PARTIES
15. At all times hereinafter mentioned, T&M USA, LLC, was and is a Delaware Limited
Liability Company duly authorized to do business in the State of New York with its principal
address at 230 Park Avenue, Suite 440, New York, NY 10169.
16. The Defendant is a natural person whose last known residence address is in the State of
Maine.
JURISDICTION AND VENUE
17. This Court has jurisdiction over the Defendant pursuant to CPLR § 302(a)(1) as the
Defendant transacted business with T&M within New York State both personally and through an
agent and T&M’s claims arise directly from the transaction.
18. Venue is proper in this Court because Plaintiff resides and/or does business in New York
County.
AS AND FOR A FIRST CAUSE OF ACTION
BREACH OF CONTRACT
19. Plaintiff repeats, reiterates and re-alleges each and every allegation in those paragraphs
marked and designated as 1 through 18 inclusive with the same force and effect as if fully set forth
herein.
20. T&M has duly performed as required by the Agreement.
21. T&M has sent an Invoice demanding payment from Defendant on multiple occasions.
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22. Defendant has failed to perform as required under Agreement by refusing to pay T&M
for investigative services rendered.
23. By reason of the foregoing, Plaintiff has been damaged in the amount of approximately
seventy-six thousand six hundred eighty-seven and 13/100 Dollars, ($76,687.13) plus interest and
costs, and in such further amounts as may be proven at trial.
AS AND FOR A SECOND CAUSE OF ACTION
QUANTUM MERUIT
24. Plaintiff repeats, reiterates and re-alleges each and every allegation in those paragraphs
marked and designated as 1 through 23 inclusive with the same force and effect as if fully set forth
herein.
25. T&M alleges in the alternative to its breach of contract claim, that it is entitled to recover
in quantum meruit if it is determined that either a valid and enforceable contract does not exist,
and/or that T&M performed services that were outside of or over and above those contemplated
by the existing contract.
26. T&M provided services in good faith from May 13, 2023, through June 30, 2023.
27. T&M conducted an extensive due diligence background investigation on a Subject
identified by the Defendant.
28. T&M prepared and delivered a comprehensive ten-page background report on the Subject.
29. T&M conducted extensive surveillance at Defendant’s counsel’s request in accordance
with the Agreement within New York City and other locations.
30. T&M agents personally met with the Defendant at the residence of the Subject and assisted
him thereat for four hours.
31. These and other services were provided at Ascher’s and Defendant’s behest and Defendant
knowingly and voluntarily accepted the services that T&M provided.
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32. Defendant was aware and knew that T&M was not providing the services gratuitously.
33. Defendant knew that T&M reasonably expected to be paid for the services provided.
34. On or about June 30, 2023, T&M’s work was complete. Defendant thereafter received an
Invoice from his counsel, and on November 20, 2023; and January 2, 2024, T&M sent an Invoice
directly to Defendant demanding payment. Defendant acknowledged receipt of the Invoice.
35. Defendant has not paid T&M for the reasonable value of the services provided.
36. The reasonable value of the services provided by T&M is seventy-six thousand six
hundred eighty-seven and 13/100 Dollars, ($76,687.13) as evidenced by T&M’s Invoice.
37. As a result of Defendant’s refusal to pay T&M for the reasonable value of the services
provided, T&M has been damaged in the amount of seventy-six thousand six hundred eighty-seven
and 13/100 Dollars, ($76,687.13), plus penalties, interest, and costs.
AS AND FOR A THIRD CAUSE OF ACTION
UNJUST ENRICHMENT
38. Plaintiff repeats, reiterates and re-alleges each and every allegation in those paragraphs
marked and designated as 1 through 37 inclusive with the same force and effect as if fully set forth
herein.
39. Pursuant to the aforementioned Agreement, and without setoff or reduction, the Defendant
agreed to pay the Plaintiff for investigative services to assist Defendant’s counsel in its legal
representation of Defendant in a personal civil matter.
40. The amount unpaid is seventy-six thousand six hundred eighty-seven and 13/100 Dollars,
($76,687.13) and despite repeated subsequent demands for payment, the Defendant refuses to
pay the balance due on account.
41. Without either justification or cause, the Defendant denied T&M payment.
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42. The Defendant accepted and received the benefits of the investigative services T&M
provided.
43. To allow Defendant to retain the benefits of the investigative services provided by T&M
without full payment therefore would unjustly enrich the Defendant.
AS AND FOR A FOURTH CAUSE OF ACTION
ACCOUNT STATED
44. Plaintiff repeats, reiterates and re-alleges each and every allegation in those paragraphs
marked and designated as 1 through 43 inclusive with the same force and effect as if fully set forth
herein.
45. T&M provided an Invoice to the Defendant for the amount due pursuant to the Agreement.
46. The Invoice was accepted as correct by Defendant and Defendant did not object to the
Invoice in a timely manner.
47. Accordingly the account receivable due pursuant to this Invoice constitutes an account
stated to which Defendant cannot now object.
48. As a result, Defendant owes the amount stated in the Invoice to Plaintiff.
WHEREFORE, Plaintiff demands judgment as follows:
a) On its First cause of action, Breach of Contract, damages in the amount of seventy-six
thousand six hundred eighty-seven and 13/100 Dollars ($76,687.13), plus delayed payment
charges, interest, and costs;
b) On its Second cause of action for the reasonable value of services provided to Defendant,
seventy-six thousand six hundred eighty-seven and 13/100 Dollars ($76,687.13), plus delayed
payment charges, interest and costs;
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c) On its Third cause of action, for Unjust Enrichment, damages in the amount of seventy-
six thousand six hundred eighty-seven and 13/100 Dollars ($76,687.13), plus delayed payment
charges, interest and costs;
d) On its Fourth cause of action, for Account Stated, damages in the amount of seventy-six
thousand six hundred eighty-seven and 13/100 Dollars ($76,687.13), plus delayed payment
charges, interest and costs;
e) Along with such other and further relief as to this court may seem just and proper under
the circumstances, including but not limited to, the costs and disbursements of this action.
DATED: April 11, 2024
New York, New York
MARTIN G. GLEESON, ESQ.
Attorney for the Plaintiff
230 Park Avenue, Suite 440
New York, NY 10169
(212) 514-4524
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VERIFICATION
STATE OF NEW YORK )
ss.:
COUNTY OF NEW YORK )
I, William E. Twomey, being duly sworn, deposes and says: I am the Chief Financial Officer of
the Plaintiff in the above-entitled action. I have read the foregoing complaint and know the contents
thereof. The same are true to my knowledge, except as to matters therein stated to be alleged on
information and belief, and as to those matters, I believe them to be true.
William E. Twomey
Sworn to before me this
1d'
1 day of April, 2024
N TARY PUBLIC
MARTIN G. GLEESON
York
Notary Public, State of New
No. 02GL6037052
Qualified in Nassau County
Commission Expires February 14, 2
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Preview
FILED: NEW YORK COUNTY CLERK 04/11/2024 03:47 PM INDEX NO. 651908/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------X Index No.: T&M USA, LLC, Date Purchased: Plaintiff, SUMMONS -against- RANDALL WARD, Defendant. ------------------------------------------------------------------X To the Person Named as Defendant above: PLEASE TAKE NOTICE THAT YOU ARE SUMMONED to answer the complaint of the Plaintiff herein and to serve a copy of your answer on the Plaintiff’s Attorney at the address indicated below within 20 days after service of this Summons (not counting the day of service itself), where service is made by delivery upon you personally within the State, or within 30 days after service is complete if the Summons is not delivered personally to you within the State of New York. YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered against you by default for the relief demanded in the Complaint. DATED: April 11, 2024 New York, New York MARTIN G. GLEESON, ESQ. Attorney for the Plaintiff 230 Park Avenue, Suite 440 New York, NY 10169 (212) 514-4524 Venue: Plaintiff designates New York County as the place of trial. The basis of this designation is Plaintiff’s residence in New York County at: 230 Park Avenue, Suite 440, New York, NY 10169. 1 of 10 FILED: NEW YORK COUNTY CLERK 04/11/2024 03:47 PM INDEX NO. 651908/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------X Index No.: T&M USA, LLC, Plaintiff, VERIFIED COMPLAINT -against- RANDALL WARD, Defendant. ------------------------------------------------------------------X Plaintiff, T&M USA, LLC (hereinafter “T&M” and/or “Plaintiff”), by its attorney, Martin G. Gleeson, Esq., as and for its Verified Complaint, alleges the following upon information and belief: PRELIMINARY STATEMENT 1. T&M brings this action to recover damages it suffered as a result of, inter alia: (i) Defendant Randall Ward’s (hereinafter “Ward” or “Defendant”) breach of contract; and (ii) Defendant’s resulting unjust enrichment. 2. On or about May 13, 2023, T&M, an investigations and security firm, was contacted by Brian C. Ascher, Esq. of the law firm Gibson, Dunn & Crutcher LLP (hereinafter “Ascher”) to render investigative services within New York City and other locations to assist Ascher in his legal representation of Ward in a personal civil matter. Owing to exigencies of the matter, Ascher requested that T&M commence immediate surveillance of an individual (hereinafter the “Subject”) within New York City beginning on May 13, 2023, and T&M performed such services in response to that request. 1 1 The nature of T&M’s work is such that it is often called upon to render immediate field work, such as surveillance, given exigent circumstances in particular cases, prior to formal agreement on all terms and conditions of its engagement. 1 2 of 10 FILED: NEW YORK COUNTY CLERK 04/11/2024 03:47 PM INDEX NO. 651908/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 3. Following further discussions, T&M provided Ascher with a written offer, signed by T&M’s Executive Vice President, Michael J. Mansfield, which proposed specific services to be performed by T&M and the charges and fees therefore, and other terms and conditions of T&M’s services (hereinafter “Offer”). 4. The Offer provided that Ascher would not be financially responsible to T&M for any fees, costs, or expenses and that all such fees, costs and expenses would be paid by Ward. The services to be provided by T&M included an extensive due diligence background investigation on the Subject and delivery of a report for a flat fee of $8,000.00, plus additional costs and applicable taxes. The Offer also called for additional investigative services as directed by Ascher with hourly rates of $500.00 for services provided by T&M’s Executive Vice President, Vice President and Managing Director; $350.00 for services provided T&M’s Chief Investigator; and $275.00 for services provided by T&M Senior Investigators and Analysts, plus expenses and applicable taxes. A copy of the Offer is attached as Exhibit “A” (hereinafter “Offer”). 5. On or about May 17, 2023, Ascher verbally advised T&M that he had conferred with Ward, and that Ward had reviewed the Offer and agreed and accepted the specific services to be performed, the charges and fees therefore, and all other terms and conditions of T&M’s services set forth in the Offer. Ascher advised T&M that he was authorized by Ward to accept the Offer in its entirety as counsel for Ward. Thus, T&M and the Defendant entered into a contract for services on May 17, 2023 (hereinafter “Agreement”). 6. As per the Agreement, Ascher directed that T&M conduct further extensive surveillance of the Subject within New York City and other locations. During the month of May 2023, and in accordance with the directions of Ascher, multiple T&M agents performed numerous hours of surveillance on the Subject within New York City and other locations. 2 3 of 10 FILED: NEW YORK COUNTY CLERK 04/11/2024 03:47 PM INDEX NO. 651908/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 7. As per a pre-arranged plan, on May 18, 2023, the Defendant personally met with two T&M agents at the residence of the Subject in New York City. The T&M agents assisted Ward on that date, time and location for four hours. 8. Throughout the course of the surveillance conducted by T&M, regular updates were provided to Ascher. 9. On or about June 30, 2023, T&M delivered a comprehensive ten-page background report on the Subject to Ascher as per the Agreement. THE BREACH 10. An Invoice in the amount of $76,687.13 for services rendered by T&M was initially presented to Ascher for the purposes of securing payment from the Defendant as per the Agreement on August 24, 2023; October 12, 2023; November 2, 2023; November 9, 2023 and November 16, 2023. A copy of the Invoice (with information identifying the Subject redacted) is attached as Exhibit “B” (hereinafter “Invoice”). Ascher advised T&M that he provided Defendant with the Invoice and repeatedly asked the Defendant to make payment on the Invoice; however, the Defendant did not remit payment. On November 20, 2023, Ascher asked T&M to seek payment directly from the Defendant. The Invoice was thereafter presented directly to the Defendant for payment by T&M on November 20, 2023, as well as January 2, 2024. The Defendant still did not remit payment. 11. On or about November 29, 2023, T&M’s Chief Investigator, William Weller, personally spoke with the Defendant by telephone. The Defendant acknowledged the debt owed to T&M, indicated satisfaction with the investigative services provided by T&M, and further acknowledged that he was in possession of the Invoice. Defendant indicated he would have his bookkeeper make immediate payment of the amount due. However, the Defendant still did not remit payment. 3 4 of 10 FILED: NEW YORK COUNTY CLERK 04/11/2024 03:47 PM INDEX NO. 651908/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 12. The Defendant has not responded to numerous additional telephone calls, texts and other correspondence seeking payment. 13. The Defendant has never objected to payment of the amount stated in the Invoice at any time. 14. The Defendant has refused to make payment to T&M for the amount due and owing. THE PARTIES 15. At all times hereinafter mentioned, T&M USA, LLC, was and is a Delaware Limited Liability Company duly authorized to do business in the State of New York with its principal address at 230 Park Avenue, Suite 440, New York, NY 10169. 16. The Defendant is a natural person whose last known residence address is in the State of Maine. JURISDICTION AND VENUE 17. This Court has jurisdiction over the Defendant pursuant to CPLR § 302(a)(1) as the Defendant transacted business with T&M within New York State both personally and through an agent and T&M’s claims arise directly from the transaction. 18. Venue is proper in this Court because Plaintiff resides and/or does business in New York County. AS AND FOR A FIRST CAUSE OF ACTION BREACH OF CONTRACT 19. Plaintiff repeats, reiterates and re-alleges each and every allegation in those paragraphs marked and designated as 1 through 18 inclusive with the same force and effect as if fully set forth herein. 20. T&M has duly performed as required by the Agreement. 21. T&M has sent an Invoice demanding payment from Defendant on multiple occasions. 4 5 of 10 FILED: NEW YORK COUNTY CLERK 04/11/2024 03:47 PM INDEX NO. 651908/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 22. Defendant has failed to perform as required under Agreement by refusing to pay T&M for investigative services rendered. 23. By reason of the foregoing, Plaintiff has been damaged in the amount of approximately seventy-six thousand six hundred eighty-seven and 13/100 Dollars, ($76,687.13) plus interest and costs, and in such further amounts as may be proven at trial. AS AND FOR A SECOND CAUSE OF ACTION QUANTUM MERUIT 24. Plaintiff repeats, reiterates and re-alleges each and every allegation in those paragraphs marked and designated as 1 through 23 inclusive with the same force and effect as if fully set forth herein. 25. T&M alleges in the alternative to its breach of contract claim, that it is entitled to recover in quantum meruit if it is determined that either a valid and enforceable contract does not exist, and/or that T&M performed services that were outside of or over and above those contemplated by the existing contract. 26. T&M provided services in good faith from May 13, 2023, through June 30, 2023. 27. T&M conducted an extensive due diligence background investigation on a Subject identified by the Defendant. 28. T&M prepared and delivered a comprehensive ten-page background report on the Subject. 29. T&M conducted extensive surveillance at Defendant’s counsel’s request in accordance with the Agreement within New York City and other locations. 30. T&M agents personally met with the Defendant at the residence of the Subject and assisted him thereat for four hours. 31. These and other services were provided at Ascher’s and Defendant’s behest and Defendant knowingly and voluntarily accepted the services that T&M provided. 5 6 of 10 FILED: NEW YORK COUNTY CLERK 04/11/2024 03:47 PM INDEX NO. 651908/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 32. Defendant was aware and knew that T&M was not providing the services gratuitously. 33. Defendant knew that T&M reasonably expected to be paid for the services provided. 34. On or about June 30, 2023, T&M’s work was complete. Defendant thereafter received an Invoice from his counsel, and on November 20, 2023; and January 2, 2024, T&M sent an Invoice directly to Defendant demanding payment. Defendant acknowledged receipt of the Invoice. 35. Defendant has not paid T&M for the reasonable value of the services provided. 36. The reasonable value of the services provided by T&M is seventy-six thousand six hundred eighty-seven and 13/100 Dollars, ($76,687.13) as evidenced by T&M’s Invoice. 37. As a result of Defendant’s refusal to pay T&M for the reasonable value of the services provided, T&M has been damaged in the amount of seventy-six thousand six hundred eighty-seven and 13/100 Dollars, ($76,687.13), plus penalties, interest, and costs. AS AND FOR A THIRD CAUSE OF ACTION UNJUST ENRICHMENT 38. Plaintiff repeats, reiterates and re-alleges each and every allegation in those paragraphs marked and designated as 1 through 37 inclusive with the same force and effect as if fully set forth herein. 39. Pursuant to the aforementioned Agreement, and without setoff or reduction, the Defendant agreed to pay the Plaintiff for investigative services to assist Defendant’s counsel in its legal representation of Defendant in a personal civil matter. 40. The amount unpaid is seventy-six thousand six hundred eighty-seven and 13/100 Dollars, ($76,687.13) and despite repeated subsequent demands for payment, the Defendant refuses to pay the balance due on account. 41. Without either justification or cause, the Defendant denied T&M payment. 6 7 of 10 FILED: NEW YORK COUNTY CLERK 04/11/2024 03:47 PM INDEX NO. 651908/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 42. The Defendant accepted and received the benefits of the investigative services T&M provided. 43. To allow Defendant to retain the benefits of the investigative services provided by T&M without full payment therefore would unjustly enrich the Defendant. AS AND FOR A FOURTH CAUSE OF ACTION ACCOUNT STATED 44. Plaintiff repeats, reiterates and re-alleges each and every allegation in those paragraphs marked and designated as 1 through 43 inclusive with the same force and effect as if fully set forth herein. 45. T&M provided an Invoice to the Defendant for the amount due pursuant to the Agreement. 46. The Invoice was accepted as correct by Defendant and Defendant did not object to the Invoice in a timely manner. 47. Accordingly the account receivable due pursuant to this Invoice constitutes an account stated to which Defendant cannot now object. 48. As a result, Defendant owes the amount stated in the Invoice to Plaintiff. WHEREFORE, Plaintiff demands judgment as follows: a) On its First cause of action, Breach of Contract, damages in the amount of seventy-six thousand six hundred eighty-seven and 13/100 Dollars ($76,687.13), plus delayed payment charges, interest, and costs; b) On its Second cause of action for the reasonable value of services provided to Defendant, seventy-six thousand six hundred eighty-seven and 13/100 Dollars ($76,687.13), plus delayed payment charges, interest and costs; 7 8 of 10 FILED: NEW YORK COUNTY CLERK 04/11/2024 03:47 PM INDEX NO. 651908/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 c) On its Third cause of action, for Unjust Enrichment, damages in the amount of seventy- six thousand six hundred eighty-seven and 13/100 Dollars ($76,687.13), plus delayed payment charges, interest and costs; d) On its Fourth cause of action, for Account Stated, damages in the amount of seventy-six thousand six hundred eighty-seven and 13/100 Dollars ($76,687.13), plus delayed payment charges, interest and costs; e) Along with such other and further relief as to this court may seem just and proper under the circumstances, including but not limited to, the costs and disbursements of this action. DATED: April 11, 2024 New York, New York MARTIN G. GLEESON, ESQ. Attorney for the Plaintiff 230 Park Avenue, Suite 440 New York, NY 10169 (212) 514-4524 8 9 of 10 FILED: NEW YORK COUNTY CLERK 04/11/2024 03:47 PM INDEX NO. 651908/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 VERIFICATION STATE OF NEW YORK ) ss.: COUNTY OF NEW YORK ) I, William E. Twomey, being duly sworn, deposes and says: I am the Chief Financial Officer of the Plaintiff in the above-entitled action. I have read the foregoing complaint and know the contents thereof. The same are true to my knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters, I believe them to be true. William E. Twomey Sworn to before me this 1d' 1 day of April, 2024 N TARY PUBLIC MARTIN G. GLEESON York Notary Public, State of New No. 02GL6037052 Qualified in Nassau County Commission Expires February 14, 2 10 of 10