Preview
FILED: ROCKLAND COUNTY CLERK 05/14/2024 02:20 PM INDEX NO. 032721/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/14/2024
SUPREMECOURTOFNEWYORKSTATE
COUNTYOFROCKLAND
MEDLINEINDUSTRIES, LP,
Plaintiff(s) l
'
I
against .
Index No.
~ TYHREPNYINC. f/k/a ADVACARE INC. _
f/k/a NORTHCOLECAPITAL INC, VERIFIED COMPLAINT .
Defendant s l _
l
Plaintiff, by the undersigned attorneys, complaining of the Defendant alleges: !
AS ANDFORA FIRST CAUSEOFACTION i
1. At all times hereinafter mentioned, Plaintiff was and still is a foreign corporation. _
2. Upon information and belief Defendant was and still is a domestic corporation with its l
I
principal place of business in the County of ROCKLAND,State of New York.
‘
'
3. On February 20, 2024 in Circuit Court of Cook County, State of Illinois, a judgment (See
Exhibit “A”) was entered in favor of the plaintiff MEDLINEINDUSTRIES, LP and against defendant in
the sum of ONEHUNDRED
TWENTYSIX THOUSAND SEVENTYSEVENand 16/100
($26,177.16) DOLLARS. j
‘
4. That no part of the said balance of ONEHUNDRED
TWENTYSIX THOUSAND
SEVENTYSEVENand 16/100 ($26,177.16) DOLLARS,has been paid although demand for
payi
IL ent
thereof has been duly made.
i
I
AS ANDFORA SECONDCAUSEOFACTION -
5. Plaintiff repeats, reiterates and realleges each and every allegation contained in I
paragraphjs
l
through 4 herein with the same force and effect as though hereafter ?llly set forth herein at length.
6. Plaintiff has regularly and periodically billed Defendant for the past due sum of TWENTY
SIX ONEHUNDRED
THOUSAND SEVENTYSEVENand 16/100 ($26,177.16) DOLLARS,and
the Defendant has received, accepted and retained the invoiced demands and statements without
1 of 4
FILED: ROCKLAND COUNTY CLERK 05/14/2024 02:20 PM INDEX NO. 032721/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/14/2024
objection and has failed and refused to pay same despite demand therefor.
-
7. That by reason of the above, there is an account stated between the parties in the amount of
TWENTYSIX THOUSAND
ONEHUNDRED
SEVENTYSEVENand
‘
16/100 ($26,177.16)
‘
DOLLARS,no part of which has been paid, although duly demanded.
. 5
WHEREFORE,
plaintiff demandsjudgment against defendant on its FIRST and SECOND!
CAUSESOFACTIONfor the sum of ONEHUNDRED
TWENTYSIX THOUSAND SEVENTY
SEVENand 16/100 ($26,177.16) DOLLARS,with interest from February 20, 2024, together with
'
costs and disbursements.
Dated: Bohemia, New York :
‘
May 13, 2024
TAROFF& TAITZ, LLP
Attorneys for Plaintiff(s)
630 Johnson Avenue, Suite 105
-
Bohemi '
716 ‘
‘
'
(631) 4 i . ‘ O
in .
. By: STEVE ii AITZ
‘
i
i
2 of 4
FILED: ROCKLAND COUNTY CLERK 05/14/2024 02:20 PM INDEX NO. 032721/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/14/2024
STATEOFNEWYORK)
SS"
COUNTYOFSUFFOLK)) i
-
STEVENTAITZ, the undersigned, an attorney admitted to practice in the courts of New
York!
State, state that I amwith the law ?rm of TAROFF& TAITZ, LLP, the attorneys of record for Plaintiff
in the within action; I have read the foregoing VERIFIED COMPLAINTand know the Contents thereof;
the same is true to my own knowledge, except as to matters therein alleged upon information and belief,
and as to those matters I believe it to be true. The reason this veri?cation is made by meand not by -
i
Plaintiff is because Plaintiff is not within the County of Suffolk where deponent has his of?ce.
The grounds of my belief as to all matters not stated upon my own knowledge are as follows:
Books and records of Plaintiff in deponent's possession.
I af?rm the foregoing statements are true, under the penalties of perjury.
,/
i
Bohemia, New York
'
Dated:
May 13, 2024
k
l
l
l
l
1
I
l
3 of 4
FILED: ROCKLAND COUNTY CLERK 05/14/2024 02:20 PM INDEX NO. 032721/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/14/2024
I
I
Index No.
'
SUPREMECOURTOFTHESTATEOFNEWYORK 2
COUNTYOFROCKLAND
i
. l
MEDLINEINDUSTRIES,LP, 1
‘
Plaintiff“) ‘
.
against
TYHREPNYINC. f/k/a ADVACARE
INC.
NORTHCOLECAPITAL INC,
f/k/a
-
Defendant(s)
‘
4 SUMlVIONSANDCOMPLAINT
TAROFF& TAITZ, LLP I
{
Attorneys for Plaintiff(s) !
630 Johnson Avenue, Suite 105
'
Bohemia, NewYork I 1716
'
(631) 475-4400
'
Our File #70895 _
C ~‘
c ion pursuant to Section 130-I.I-a of
‘
the it!“ he Chief Administrator (ZZNVCRR)
‘\ I
‘1 i
TAITZ
STEV’ ’
i
i
I
’
TAROFF& TAITZ, LLP
4
. i
4 of 4
Preview
FILED: ROCKLAND COUNTY CLERK 05/14/2024 02:20 PM INDEX NO. 032721/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/14/2024 SUPREMECOURTOFNEWYORKSTATE COUNTYOFROCKLAND MEDLINEINDUSTRIES, LP, Plaintiff(s) l ' I against . Index No. ~ TYHREPNYINC. f/k/a ADVACARE INC. _ f/k/a NORTHCOLECAPITAL INC, VERIFIED COMPLAINT . Defendant s l _ l Plaintiff, by the undersigned attorneys, complaining of the Defendant alleges: ! AS ANDFORA FIRST CAUSEOFACTION i 1. At all times hereinafter mentioned, Plaintiff was and still is a foreign corporation. _ 2. Upon information and belief Defendant was and still is a domestic corporation with its l I principal place of business in the County of ROCKLAND,State of New York. ‘ ' 3. On February 20, 2024 in Circuit Court of Cook County, State of Illinois, a judgment (See Exhibit “A”) was entered in favor of the plaintiff MEDLINEINDUSTRIES, LP and against defendant in the sum of ONEHUNDRED TWENTYSIX THOUSAND SEVENTYSEVENand 16/100 ($26,177.16) DOLLARS. j ‘ 4. That no part of the said balance of ONEHUNDRED TWENTYSIX THOUSAND SEVENTYSEVENand 16/100 ($26,177.16) DOLLARS,has been paid although demand for payi IL ent thereof has been duly made. i I AS ANDFORA SECONDCAUSEOFACTION - 5. Plaintiff repeats, reiterates and realleges each and every allegation contained in I paragraphjs l through 4 herein with the same force and effect as though hereafter ?llly set forth herein at length. 6. Plaintiff has regularly and periodically billed Defendant for the past due sum of TWENTY SIX ONEHUNDRED THOUSAND SEVENTYSEVENand 16/100 ($26,177.16) DOLLARS,and the Defendant has received, accepted and retained the invoiced demands and statements without 1 of 4 FILED: ROCKLAND COUNTY CLERK 05/14/2024 02:20 PM INDEX NO. 032721/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/14/2024 objection and has failed and refused to pay same despite demand therefor. - 7. That by reason of the above, there is an account stated between the parties in the amount of TWENTYSIX THOUSAND ONEHUNDRED SEVENTYSEVENand ‘ 16/100 ($26,177.16) ‘ DOLLARS,no part of which has been paid, although duly demanded. . 5 WHEREFORE, plaintiff demandsjudgment against defendant on its FIRST and SECOND! CAUSESOFACTIONfor the sum of ONEHUNDRED TWENTYSIX THOUSAND SEVENTY SEVENand 16/100 ($26,177.16) DOLLARS,with interest from February 20, 2024, together with ' costs and disbursements. Dated: Bohemia, New York : ‘ May 13, 2024 TAROFF& TAITZ, LLP Attorneys for Plaintiff(s) 630 Johnson Avenue, Suite 105 - Bohemi ' 716 ‘ ‘ ' (631) 4 i . ‘ O in . . By: STEVE ii AITZ ‘ i i 2 of 4 FILED: ROCKLAND COUNTY CLERK 05/14/2024 02:20 PM INDEX NO. 032721/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/14/2024 STATEOFNEWYORK) SS" COUNTYOFSUFFOLK)) i - STEVENTAITZ, the undersigned, an attorney admitted to practice in the courts of New York! State, state that I amwith the law ?rm of TAROFF& TAITZ, LLP, the attorneys of record for Plaintiff in the within action; I have read the foregoing VERIFIED COMPLAINTand know the Contents thereof; the same is true to my own knowledge, except as to matters therein alleged upon information and belief, and as to those matters I believe it to be true. The reason this veri?cation is made by meand not by - i Plaintiff is because Plaintiff is not within the County of Suffolk where deponent has his of?ce. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: Books and records of Plaintiff in deponent's possession. I af?rm the foregoing statements are true, under the penalties of perjury. ,/ i Bohemia, New York ' Dated: May 13, 2024 k l l l l 1 I l 3 of 4 FILED: ROCKLAND COUNTY CLERK 05/14/2024 02:20 PM INDEX NO. 032721/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/14/2024 I I Index No. ' SUPREMECOURTOFTHESTATEOFNEWYORK 2 COUNTYOFROCKLAND i . l MEDLINEINDUSTRIES,LP, 1 ‘ Plaintiff“) ‘ . against TYHREPNYINC. f/k/a ADVACARE INC. NORTHCOLECAPITAL INC, f/k/a - Defendant(s) ‘ 4 SUMlVIONSANDCOMPLAINT TAROFF& TAITZ, LLP I { Attorneys for Plaintiff(s) ! 630 Johnson Avenue, Suite 105 ' Bohemia, NewYork I 1716 ' (631) 475-4400 ' Our File #70895 _ C ~‘ c ion pursuant to Section 130-I.I-a of ‘ the it!“ he Chief Administrator (ZZNVCRR) ‘\ I ‘1 i TAITZ STEV’ ’ i i I ’ TAROFF& TAITZ, LLP 4 . i 4 of 4