Preview
FILED: QUEENS COUNTY CLERK 04/16/2024 09:10 AM INDEX NO. 708071/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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NY CPR RESTORATION INC.,
: Index No.
Plaintiff,
:
- against -
: SUMMONS
MARK RAMNARAIN,
:
Defendant.
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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 twenty (20) days after 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.
In case of your failure to answer, judgment will be taken against you by default for the
relief demanded in the Complaint.
The basis for the venue designated is defendantÕs residence within the State of New
York located at 127-31 103rd Road, Richmond Hill, New York 11419.
Dated: New York, New York
April 15, 2024
FOSTER & WOLKIND, P.C.
By: Peter B. Foster, Esq.
PETER B. FOSTER, ESQ.
Attorneys for Plaintiff
NY CPR Restoration Inc.
80 Fifth Avenue, Suite 1401
New York, New York 10011-8002
Tel: (212) 691-2313
Email: pfoster@foster-wolkind.com
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DefendantÕs Address
Mark Ramnarain
127-31 103rd Road
Richmond Hill, New York 11419
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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NY CPR RESTORATION INC.,
: Index No.
Plaintiff,
:
- against - COMPLAINT
:
MARK RAMNARAIN,
:
Defendant.
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Plaintiff, NY CPR Restoration Inc. (hereinafter ÒCPRÓ), by its attorneys, Foster &
Wolkind, P.C., as and for its complaint against defendant, Mark Ramnarain,
respectfully alleges as follows:
1. At all relevant times mentioned herein, CPR was and still is a limited liability
company organized and existing under the laws of the State of Pennsylvania with
offices located at 8421 Hegerman Street, Philadelphia, Pennsylvania 19136.
2. At all relevant times mentioned herein, CPR was and still is authorized to do
business in the State of New York.
3. At all relevant times mentioned herein, CPR maintains its principal place of
business in New York at 5 Neil Court, Oceanside, New York 11572.
4. Upon information and belief, at all relevant times mentioned herein, defendant
was and still is an individual residing within the State of New York at 127-31 103rd
Road, Richmond Hill, New York 11419.
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AS AND FOR A FIRST CAUSE OF ACTION
5. CPR repeats and realleges each and every allegation contained in paragraphs
one through four above as if fully set forth at length herein.
6. On or about June 23, 2023, at the specific instance and request of defendant,
CPR entered into an agreement with defendant (hereinafter the ÒAgreementÓ) pursuant
to which CPR agreed to perform and provide to defendant certain valuable asbestos
abatement and remediation services, as well as other work, labor and materials to, for
and upon the subject premises known as 127-31 103rd Road, Richmond Hill, New York
11419.
7. In consideration of the foregoing, defendant agreed to pay CPR for said
asbestos abatement and remediation services, as well as other work, labor and materials
provided.
8. On or about February 21, 2023 CPR fully, satisfactorily and completely
performed the asbestos abatement and remediation services, as well as other work,
labor and materials as requested by defendant as aforesaid, with no breach of contract
or negligence on the part of CPR.
9. CPC has demanded payment from defendant for the asbestos abatement and
remediation services, as well as other work, labor and materials provided, but
notwithstanding CPRÕs full and satisfactory performance of the asbestos abatement and
remediation services as aforesaid, defendant failed and refused to pay the unpaid
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$29,773.10 balance due under the Agreement, and said amount remains unpaid under
to date.
10. The failure of defendant to pay the $29,773.10 unpaid balance due constitutes
a material breach and default of defendantÕs obligations to CPR under the Agreement.
11. As a proximate result foregoing, there now is justly due and owing from
defendant to CPR the sum of $29,773.10, plus interest thereon calculated from June 23,
2023, no part of which has been paid.
AS AND FOR A SECOND CAUSE OF ACTION
12. CPR repeats and realleges each and every allegation contained in paragraphs
one through eleven above as if fully set forth at length herein.
13. On or about June 23, 2023, CPR did, at the specific request of defendant,
provide defendant with valuable asbestos abatement and other remediation services
including work, labor and materials, having a reasonable value in excess of $29,773.10.
14. Defendant received the benefit of the asbestos abatement and other
remediation services including work, labor and materials provided by CPR.
15. Defendant has failed and refused to pay the full reasonable value of the
asbestos abatement and other remediation services including work, labor and materials,
provided by CPR to the extent of $29,773.10 despite demand that he do so.
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16. By reason of the foregoing, CPR has been damaged by defendant, and
defendant has been unjustly enriched by CPR, and there is now unconditionally due
and owing from defendant to CPR the unpaid reasonable value of the asbestos
abatement and other remediation services including work, labor and materials that
were provided by CPR which unjustly enriched defendant to the extent of $29,773.10,
plus interest thereon from June 23, 2023.
AS AND FOR A THIRD CAUSE OF ACTION
17. Plaintiff repeats and realleges each and every allegation contained in
paragraphs one through sixteen above as if fully set forth at length herein.
18. Defendant, being indebted to CPR in the sum of $29,773.10 on an account
stated between them dated March 4, 2024, did promise to pay CPR said amount on
demand and within thirty days.
19. Payment has been demanded but has not been made to date, and no objection
has been made to the account stated.
20. By reason of the foregoing, there is now due and owing from defendant to
CPR the sum of $29,773.10, plus applicable interest thereon from the March 4, 2024date
of the account stated.
WHEREFORE, CPR demands judgment against defendant as follows:
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a) on its first cause of action in the sum of $29,773.10, plus interest thereon from
June 23, 2023;
b) on its second cause of action in the sum of $29,773.10, plus interest thereon
from June 23, 2023;
b) on its third cause of action in the sum of $29,773.10 on an account stated, plus
interest thereon from March 4, 2024;
c) for the costs and disbursements of this action, and such other and further relief
which this Court deems just proper.
Dated: New York, New York
April 15, 2024
FOSTER & WOLKIND, P.C.
By: Peter B. Foster, Esq.
PETER B. FOSTER, ESQ.
Attorneys for Plaintiff
NY CPR Restoration Inc.
80 Fifth Avenue, Suite 1401
New York, New York 10011
(212) 691-2313
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Preview
FILED: QUEENS COUNTY CLERK 04/16/2024 09:10 AM INDEX NO. 708071/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------------------------x NY CPR RESTORATION INC., : Index No. Plaintiff, : - against - : SUMMONS MARK RAMNARAIN, : Defendant. ---------------------------------------------------------------------------------x 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 twenty (20) days after 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. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the Complaint. The basis for the venue designated is defendantÕs residence within the State of New York located at 127-31 103rd Road, Richmond Hill, New York 11419. Dated: New York, New York April 15, 2024 FOSTER & WOLKIND, P.C. By: Peter B. Foster, Esq. PETER B. FOSTER, ESQ. Attorneys for Plaintiff NY CPR Restoration Inc. 80 Fifth Avenue, Suite 1401 New York, New York 10011-8002 Tel: (212) 691-2313 Email: pfoster@foster-wolkind.com 1 of 7 FILED: QUEENS COUNTY CLERK 04/16/2024 09:10 AM INDEX NO. 708071/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 DefendantÕs Address Mark Ramnarain 127-31 103rd Road Richmond Hill, New York 11419 2 2 of 7 FILED: QUEENS COUNTY CLERK 04/16/2024 09:10 AM INDEX NO. 708071/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------------------------x NY CPR RESTORATION INC., : Index No. Plaintiff, : - against - COMPLAINT : MARK RAMNARAIN, : Defendant. ---------------------------------------------------------------------------------x Plaintiff, NY CPR Restoration Inc. (hereinafter ÒCPRÓ), by its attorneys, Foster & Wolkind, P.C., as and for its complaint against defendant, Mark Ramnarain, respectfully alleges as follows: 1. At all relevant times mentioned herein, CPR was and still is a limited liability company organized and existing under the laws of the State of Pennsylvania with offices located at 8421 Hegerman Street, Philadelphia, Pennsylvania 19136. 2. At all relevant times mentioned herein, CPR was and still is authorized to do business in the State of New York. 3. At all relevant times mentioned herein, CPR maintains its principal place of business in New York at 5 Neil Court, Oceanside, New York 11572. 4. Upon information and belief, at all relevant times mentioned herein, defendant was and still is an individual residing within the State of New York at 127-31 103rd Road, Richmond Hill, New York 11419. 3 of 7 FILED: QUEENS COUNTY CLERK 04/16/2024 09:10 AM INDEX NO. 708071/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 AS AND FOR A FIRST CAUSE OF ACTION 5. CPR repeats and realleges each and every allegation contained in paragraphs one through four above as if fully set forth at length herein. 6. On or about June 23, 2023, at the specific instance and request of defendant, CPR entered into an agreement with defendant (hereinafter the ÒAgreementÓ) pursuant to which CPR agreed to perform and provide to defendant certain valuable asbestos abatement and remediation services, as well as other work, labor and materials to, for and upon the subject premises known as 127-31 103rd Road, Richmond Hill, New York 11419. 7. In consideration of the foregoing, defendant agreed to pay CPR for said asbestos abatement and remediation services, as well as other work, labor and materials provided. 8. On or about February 21, 2023 CPR fully, satisfactorily and completely performed the asbestos abatement and remediation services, as well as other work, labor and materials as requested by defendant as aforesaid, with no breach of contract or negligence on the part of CPR. 9. CPC has demanded payment from defendant for the asbestos abatement and remediation services, as well as other work, labor and materials provided, but notwithstanding CPRÕs full and satisfactory performance of the asbestos abatement and remediation services as aforesaid, defendant failed and refused to pay the unpaid 2 4 of 7 FILED: QUEENS COUNTY CLERK 04/16/2024 09:10 AM INDEX NO. 708071/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 $29,773.10 balance due under the Agreement, and said amount remains unpaid under to date. 10. The failure of defendant to pay the $29,773.10 unpaid balance due constitutes a material breach and default of defendantÕs obligations to CPR under the Agreement. 11. As a proximate result foregoing, there now is justly due and owing from defendant to CPR the sum of $29,773.10, plus interest thereon calculated from June 23, 2023, no part of which has been paid. AS AND FOR A SECOND CAUSE OF ACTION 12. CPR repeats and realleges each and every allegation contained in paragraphs one through eleven above as if fully set forth at length herein. 13. On or about June 23, 2023, CPR did, at the specific request of defendant, provide defendant with valuable asbestos abatement and other remediation services including work, labor and materials, having a reasonable value in excess of $29,773.10. 14. Defendant received the benefit of the asbestos abatement and other remediation services including work, labor and materials provided by CPR. 15. Defendant has failed and refused to pay the full reasonable value of the asbestos abatement and other remediation services including work, labor and materials, provided by CPR to the extent of $29,773.10 despite demand that he do so. 3 5 of 7 FILED: QUEENS COUNTY CLERK 04/16/2024 09:10 AM INDEX NO. 708071/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 16. By reason of the foregoing, CPR has been damaged by defendant, and defendant has been unjustly enriched by CPR, and there is now unconditionally due and owing from defendant to CPR the unpaid reasonable value of the asbestos abatement and other remediation services including work, labor and materials that were provided by CPR which unjustly enriched defendant to the extent of $29,773.10, plus interest thereon from June 23, 2023. AS AND FOR A THIRD CAUSE OF ACTION 17. Plaintiff repeats and realleges each and every allegation contained in paragraphs one through sixteen above as if fully set forth at length herein. 18. Defendant, being indebted to CPR in the sum of $29,773.10 on an account stated between them dated March 4, 2024, did promise to pay CPR said amount on demand and within thirty days. 19. Payment has been demanded but has not been made to date, and no objection has been made to the account stated. 20. By reason of the foregoing, there is now due and owing from defendant to CPR the sum of $29,773.10, plus applicable interest thereon from the March 4, 2024date of the account stated. WHEREFORE, CPR demands judgment against defendant as follows: 4 6 of 7 FILED: QUEENS COUNTY CLERK 04/16/2024 09:10 AM INDEX NO. 708071/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 a) on its first cause of action in the sum of $29,773.10, plus interest thereon from June 23, 2023; b) on its second cause of action in the sum of $29,773.10, plus interest thereon from June 23, 2023; b) on its third cause of action in the sum of $29,773.10 on an account stated, plus interest thereon from March 4, 2024; c) for the costs and disbursements of this action, and such other and further relief which this Court deems just proper. Dated: New York, New York April 15, 2024 FOSTER & WOLKIND, P.C. By: Peter B. Foster, Esq. PETER B. FOSTER, ESQ. Attorneys for Plaintiff NY CPR Restoration Inc. 80 Fifth Avenue, Suite 1401 New York, New York 10011 (212) 691-2313 5 7 of 7