Preview
FILED: ROCKLAND COUNTY CLERK 05/30/2024 04:10 PM INDEX NO. 033017/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
ROCKLAND HYUNDAI, x Index No. 033017/2024
)
Plaintiff, )
)
-against- ) SUMMONS
)
NEW YORK CITY DEPARTMENT OF )
FINANCE, PARKING ENFORCEMENT )
UNIT, )
)
Defendant. x
________________________________
To the Persons Named as Defendants:
NEW YORK CITY DEPARTMENT OF FINANCE
c/o Michael Smilowitz, Esq.
General Counsel
Correspondence Unit
1 Centre Street, 22nd Floor
New York, New York 10007
NEW YORK CITY DEPARTMENT OF FINANCE
PARKING ENFORCEMENT UNIT
210 Joralemon Street
9th Floor
Brooklyn, New York 11201
PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the
complaint of the plaintiff herein and to serve a copy of your answer on the plaintiff at the address
indicated below within 20 days after the service of this Summons (not counting the day of service
itself), 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.
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Dated: May 31, 2024
MORRIS, DOWNING & SHERRED, LLP
Attorneys for Defendant, Rockland Hyundai
By: s/ Brian C. Lundquist, Esq.
___________________________________
Brian C. Lundquist, Esq.
ONE MAIN STREET
P.O. BOX 67
NEWTON, NEW JERSEY 07860
Tel: (973) 383-2700
Fax: (973) 383-3510
www.mdsfirm.com
-and-
ONE MORNINGSIDE DRIVE
SUITE 1715
NEW YORK, NEW YORK 10025
Tel: (800) 394-2700
Venue: THAT Plaintiff designates Rockland County as the place of trial. The basis of this
designation is Plaintiff is located in Rockland County at 55 South Route 303, West Nyack, New
York 10994
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
________________________________
x Index No.
ROCKLAND HYUNDAI, )
)
Plaintiff, )
) CIVIL ACTION
-against- ) COMPLAINT
)
NEW YORK CITY DEPARTMENT OF )
FINANCE, PARKING ENFORCEMENT )
UNIT, )
)
Defendant. )
)
)
________________________________ x
Plaintiff, ROCKLAND HYUNDAI (“Plaintiff” or “Rockland Hyundai”), by their
attorneys, Morris, Downing & Sherred, LLP, Brian C. Lundquist, Esq. appearing, by way of
Complaint, states as follows:
THE PARTIES
1. That at all times relevant herein, Plaintiff was and still is a registered commercial car
dealership in the State of New York, having its principal place of business at 55 South
Route 303 West Nyack, New York 10994.
2. That at all times relevant herein, Defendant, New York City Department of Finance,
Parking Enforcement Unit (“Defendant” or PEU”) was and is a State and City agency
operating at 210 Joralemon Street, 9th Floor, Brooklyn, New York 11201.
FACTS COMMON TO ALL COUNTS
3. On or about March 17, 2021 the State of New York issued a Certificate of Title for a
2020 Kia Forte, VIN No. 3KPF24AD4LE262225 (the “Vehicle”) to Hyundai Lease
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Titling Trust. A true and accurate copy of the Certificate of Title is attached hereto as
Exhibit A.
4. Rockland Hyundai purchased the Vehicle from Hyundai Lease Titling Trust but did
not obtain a new title of ownership, because Rockland Hyundai is a commercial car
dealership and is not required to do so pursuant to New York Vehicle and Traffic Law
Chapter 71, Title 10, Article 46, § 2114 prior to resale.
5. On or about June 27, 2023, the Vehicle was stolen from Plaintiff’s principal place of
business.
6. Plaintiff thereafter contacted the Clarkstown, New York Police Department, who
investigated the theft.
7. Officer Connor Golden of the Clarkstown Police Department authored a Case Report
dated July 3, 2023 detailing the theft and related investigation. A true and accurate
copy of Officer Golden’s Case Report is attached hereto as Exhibit B.
8. Following that investigation, in or around mid-July of 2023, the New York City Police
Department (“NYPD”) recovered the Vehicle and impounded the Vehicle at NYPD’s
Brooklyn Tow Pound Facility.
9. Agents on behalf of Rockland Hyundai thereafter made multiple attempts in-person to
recover the vehicle from Defendant.
10. Specifically, on or about October 13, 2023, Rockland’s agents presented to the
Brooklyn Tow Pound Facility (i) the Vehicle’s Certificate of Title, (ii) a Bill of Sale,
(iii) a valid driver’s license, and (iv) a duly executed Power of Attorney authorizing
release of the Vehicle to Plaintiff’ towing vendor. See Exhibit A; further, a true and
accurate copy of the Bill of Sale is attached hereto as Exhibit C; a true and accurate
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copy of Plaintiff’s agent’s driver’s license is attached hereto as Exhibit D; a true and
accurate copy of a duly executed Power of Attorney authorizing the release of
Plaintiff’s Vehicle to its towing vendor is attached hereto as Exhibit E.
11. Defendant, PEU, however refused to release the Vehicle to Rockland Hyundai because
Rockland Hyundai could not produce a title for the vehicle in Rockland Hyundai’s
name.
12. As a result, Plaintiff contacted Defendant, through counsel, by way of letter, on
December 4, 2023 explaining that Plaintiff was not required to register as title owner
with the Motor Vehicle Commission pursuant to New York Vehicle and Traffic Law
Chapter 71, Title 10, Article 46, § 2114, because Plaintiff is a commercial car
dealership. A true and accurate copy of Plaintiff’s December 4, 2023 correspondence
is attached hereto as Exhibit F.
13. On December 6, 2023, Defendant responded to Plaintiff by way of email and requested
various documents and “storage fees” in the total amount of $3,277.22. A true and
accurate copy of Defendant’s December 6, 2023 correspondence is attached hereto as
Exhibit G.
14. However, inasmuch as New York Vehicle and Traffic Law Chapter 71, Title 10, Article
46, § 2114 permits commercial dealerships to purchase and sell vehicles without
registering as title-owners of those vehicles, Defendant’s refusal to release the Vehicle
to Plaintiff was improper, because Plaintiff was not required to register as title-owner
of the Vehicle.
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15. As such, any storage fees which may have accrued during Defendant’s possession of
the Vehicle are unjustified because Defendant should have released the Vehicle to
Plaintiff in the first instance.
16. Plaintiff responded to Defendant the same day, December 6, 2023, demanding the fees
be waived because (i) Rockland Hyundai was improperly denied return of the Vehicle
previously and (ii) the Vehicle came into the PEU’s possession as a result of a theft. A
true and accurate copy of Plaintiff’s December 6, 2023 correspondence is attached
hereto as Exhibit H.
17. Plaintiff followed up with Defendant on December 14, 2023, December 29, 2023, and
January 3, 2024, but received no response. True and accurate copies of the December
14, 2023, December 29, 2023, and January 3, 2024 correspondences are attached hereto
as Exhibit I.
18. Most recently, on February 22, 2024, Plaintiff sent Defendant a letter demanding return
of the Vehicle, to which Defendant has not responded. A true and accurate copy of
Plaintiff’s February 22, 2024 letter is attached hereto as Exhibit J.
19. Defendant has not yet returned the Vehicle to Plaintiff.
FIRST COUNT
CONVERSION
20. Plaintiff hereby repeats, reiterates, and realleges each and every allegation contained in
the preceding paragraphs of the Complaint as if they were set forth fully herein.
21. Plaintiff has valid, plenary legal ownership of the Vehicle.
22. Defendant was and currently is exercising unauthorized dominion and control over the
Vehicle.
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23. Defendant’s exercise of dominion and control of the Vehicle is to the exclusion of
Plaintiff’s rights.
24. As a result of Defendant’s refusal to return possession of the Vehicle, Plaintiff has
suffered damages.
WHEREFORE, Plaintiff, Rockland Hyundai, respectfully requests that the Court enter
judgment against Defendant, PEU, for an amount that is equal to the fair market value of the
Vehicle, together with costs and attorney’s fees associated with bringing this action pursuant to
NY CPLR § 8601(a).
SECOND COUNT
UNJUST ENRICHMENT
25. Plaintiff hereby repeats, reiterates, and realleges each and every allegation contained in
the preceding paragraphs of the Complaint as if they were set forth fully herein.
26. By virtue of unlawfully possessing the Vehicle, and refusing to return the Vehicle to
Plaintiff, Defendant has been enriched.
27. Defendant’s enrichment, by virtue of possessing the Vehicle inures at Plaintiff’s
expense and detriment.
28. Defendant’s possession of the Vehicle and subsequent enrichment is against equity and
good conscience to permit in the State of New York.
29. As a result of Defendant’s refusal to return possession of the Vehicle, Plaintiff has
suffered damages.
WHEREFORE, Plaintiff, Rockland Hyundai, respectfully requests that the Court enter
judgment against Defendant, PEU, for an amount that is equal to the fair market value of the
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Vehicle, together with costs and attorney’s fees associated with bringing this action pursuant to
NY CPLR § 8601(a).
COUNT THREE
REPLEVIN
30. Plaintiff hereby repeats, reiterates, and realleges each and every allegation contained in
the preceding paragraphs of the Complaint as if they were set forth fully herein.
31. Defendant is in possession of Plaintiff’s property; namely the Vehicle.
32. Plaintiff has a superior, valid, and plenary legal right of ownership of the Vehicle.
33. Defendant refuses to return possession of the Vehicle to Plaintiff.
34. As a result of Defendant’s refusal to return possession of the Vehicle, Plaintiff has
suffered damages.
WHEREFORE, Plaintiff, Rockland Hyundai, respectfully requests that the Court enter
judgment against Defendant, PEU, compelling Defendant to return the Vehicle to Plaintiff, at
Defendant’s expense, and to enter judgment against Defendant for the costs and attorney’s fees
associated with this bringing action pursuant to NY CPLR § 8601(a).
COUNT FOUR
BREACH OF BAILMENT
35. Plaintiff hereby repeats, reiterates, and realleges each and every allegation contained in
the preceding paragraphs of the Complaint as if they were set forth fully herein.
36. Defendant was entrusted by the NYPD to take possession of the Vehicle.
37. Defendant took lawful possession of the Vehicle at the time it was delivered, without
the intent to appropriate the Vehicle.
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38. Defendant has appropriated the Vehicle by refusing to return possession of the Vehicle
to Plaintiff.
39. As a result of Defendant’s refusal to return possession of the Vehicle, Plaintiff has
suffered damages.
WHEREFORE, Plaintiff, Rockland Hyundai, respectfully requests that the Court enter
judgment against Defendant, PEU, compelling Defendant to return the Vehicle to Plaintiff, at
Defendant’s expense, and to enter judgment against Defendant for the costs and attorney’s fees
associated with this bringing action pursuant to NY CPLR § 8601(a).
30 2024
Dated: May _____,
MORRIS, DOWNING & SHERRED, LLP
Attorneys for Defendant, Rockland Hyundai
By:
/s/ Brian C. Lundquist
_________________________________
Brian C. Lundquist, Esq.
ONE MAIN STREET
P.O. BOX 67
NEWTON, NEW JERSEY 07860
Tel: (973) 383-2700
Fax: (973) 383-3510
www.mdsfirm.com
-and-
ONE MORNINGSIDE DRIVE
SUITE 1715
NEW YORK, NEW YORK 10025
Tel: (800) 394-2700
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Preview
FILED: ROCKLAND COUNTY CLERK 05/30/2024 04:10 PM INDEX NO. 033017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ROCKLAND HYUNDAI, x Index No. 033017/2024 ) Plaintiff, ) ) -against- ) SUMMONS ) NEW YORK CITY DEPARTMENT OF ) FINANCE, PARKING ENFORCEMENT ) UNIT, ) ) Defendant. x ________________________________ To the Persons Named as Defendants: NEW YORK CITY DEPARTMENT OF FINANCE c/o Michael Smilowitz, Esq. General Counsel Correspondence Unit 1 Centre Street, 22nd Floor New York, New York 10007 NEW YORK CITY DEPARTMENT OF FINANCE PARKING ENFORCEMENT UNIT 210 Joralemon Street 9th Floor Brooklyn, New York 11201 PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of the plaintiff herein and to serve a copy of your answer on the plaintiff at the address indicated below within 20 days after the service of this Summons (not counting the day of service itself), 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. Page 1 of 2 1 of 9 FILED: ROCKLAND COUNTY CLERK 05/30/2024 04:10 PM INDEX NO. 033017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2024 Dated: May 31, 2024 MORRIS, DOWNING & SHERRED, LLP Attorneys for Defendant, Rockland Hyundai By: s/ Brian C. Lundquist, Esq. ___________________________________ Brian C. Lundquist, Esq. ONE MAIN STREET P.O. BOX 67 NEWTON, NEW JERSEY 07860 Tel: (973) 383-2700 Fax: (973) 383-3510 www.mdsfirm.com -and- ONE MORNINGSIDE DRIVE SUITE 1715 NEW YORK, NEW YORK 10025 Tel: (800) 394-2700 Venue: THAT Plaintiff designates Rockland County as the place of trial. The basis of this designation is Plaintiff is located in Rockland County at 55 South Route 303, West Nyack, New York 10994 Page 2 of 2 2 of 9 FILED: ROCKLAND COUNTY CLERK 05/30/2024 04:10 PM INDEX NO. 033017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ________________________________ x Index No. ROCKLAND HYUNDAI, ) ) Plaintiff, ) ) CIVIL ACTION -against- ) COMPLAINT ) NEW YORK CITY DEPARTMENT OF ) FINANCE, PARKING ENFORCEMENT ) UNIT, ) ) Defendant. ) ) ) ________________________________ x Plaintiff, ROCKLAND HYUNDAI (“Plaintiff” or “Rockland Hyundai”), by their attorneys, Morris, Downing & Sherred, LLP, Brian C. Lundquist, Esq. appearing, by way of Complaint, states as follows: THE PARTIES 1. That at all times relevant herein, Plaintiff was and still is a registered commercial car dealership in the State of New York, having its principal place of business at 55 South Route 303 West Nyack, New York 10994. 2. That at all times relevant herein, Defendant, New York City Department of Finance, Parking Enforcement Unit (“Defendant” or PEU”) was and is a State and City agency operating at 210 Joralemon Street, 9th Floor, Brooklyn, New York 11201. FACTS COMMON TO ALL COUNTS 3. On or about March 17, 2021 the State of New York issued a Certificate of Title for a 2020 Kia Forte, VIN No. 3KPF24AD4LE262225 (the “Vehicle”) to Hyundai Lease Page 1 of 7 3 of 9 FILED: ROCKLAND COUNTY CLERK 05/30/2024 04:10 PM INDEX NO. 033017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2024 Titling Trust. A true and accurate copy of the Certificate of Title is attached hereto as Exhibit A. 4. Rockland Hyundai purchased the Vehicle from Hyundai Lease Titling Trust but did not obtain a new title of ownership, because Rockland Hyundai is a commercial car dealership and is not required to do so pursuant to New York Vehicle and Traffic Law Chapter 71, Title 10, Article 46, § 2114 prior to resale. 5. On or about June 27, 2023, the Vehicle was stolen from Plaintiff’s principal place of business. 6. Plaintiff thereafter contacted the Clarkstown, New York Police Department, who investigated the theft. 7. Officer Connor Golden of the Clarkstown Police Department authored a Case Report dated July 3, 2023 detailing the theft and related investigation. A true and accurate copy of Officer Golden’s Case Report is attached hereto as Exhibit B. 8. Following that investigation, in or around mid-July of 2023, the New York City Police Department (“NYPD”) recovered the Vehicle and impounded the Vehicle at NYPD’s Brooklyn Tow Pound Facility. 9. Agents on behalf of Rockland Hyundai thereafter made multiple attempts in-person to recover the vehicle from Defendant. 10. Specifically, on or about October 13, 2023, Rockland’s agents presented to the Brooklyn Tow Pound Facility (i) the Vehicle’s Certificate of Title, (ii) a Bill of Sale, (iii) a valid driver’s license, and (iv) a duly executed Power of Attorney authorizing release of the Vehicle to Plaintiff’ towing vendor. See Exhibit A; further, a true and accurate copy of the Bill of Sale is attached hereto as Exhibit C; a true and accurate Page 2 of 7 4 of 9 FILED: ROCKLAND COUNTY CLERK 05/30/2024 04:10 PM INDEX NO. 033017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2024 copy of Plaintiff’s agent’s driver’s license is attached hereto as Exhibit D; a true and accurate copy of a duly executed Power of Attorney authorizing the release of Plaintiff’s Vehicle to its towing vendor is attached hereto as Exhibit E. 11. Defendant, PEU, however refused to release the Vehicle to Rockland Hyundai because Rockland Hyundai could not produce a title for the vehicle in Rockland Hyundai’s name. 12. As a result, Plaintiff contacted Defendant, through counsel, by way of letter, on December 4, 2023 explaining that Plaintiff was not required to register as title owner with the Motor Vehicle Commission pursuant to New York Vehicle and Traffic Law Chapter 71, Title 10, Article 46, § 2114, because Plaintiff is a commercial car dealership. A true and accurate copy of Plaintiff’s December 4, 2023 correspondence is attached hereto as Exhibit F. 13. On December 6, 2023, Defendant responded to Plaintiff by way of email and requested various documents and “storage fees” in the total amount of $3,277.22. A true and accurate copy of Defendant’s December 6, 2023 correspondence is attached hereto as Exhibit G. 14. However, inasmuch as New York Vehicle and Traffic Law Chapter 71, Title 10, Article 46, § 2114 permits commercial dealerships to purchase and sell vehicles without registering as title-owners of those vehicles, Defendant’s refusal to release the Vehicle to Plaintiff was improper, because Plaintiff was not required to register as title-owner of the Vehicle. Page 3 of 7 5 of 9 FILED: ROCKLAND COUNTY CLERK 05/30/2024 04:10 PM INDEX NO. 033017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2024 15. As such, any storage fees which may have accrued during Defendant’s possession of the Vehicle are unjustified because Defendant should have released the Vehicle to Plaintiff in the first instance. 16. Plaintiff responded to Defendant the same day, December 6, 2023, demanding the fees be waived because (i) Rockland Hyundai was improperly denied return of the Vehicle previously and (ii) the Vehicle came into the PEU’s possession as a result of a theft. A true and accurate copy of Plaintiff’s December 6, 2023 correspondence is attached hereto as Exhibit H. 17. Plaintiff followed up with Defendant on December 14, 2023, December 29, 2023, and January 3, 2024, but received no response. True and accurate copies of the December 14, 2023, December 29, 2023, and January 3, 2024 correspondences are attached hereto as Exhibit I. 18. Most recently, on February 22, 2024, Plaintiff sent Defendant a letter demanding return of the Vehicle, to which Defendant has not responded. A true and accurate copy of Plaintiff’s February 22, 2024 letter is attached hereto as Exhibit J. 19. Defendant has not yet returned the Vehicle to Plaintiff. FIRST COUNT CONVERSION 20. Plaintiff hereby repeats, reiterates, and realleges each and every allegation contained in the preceding paragraphs of the Complaint as if they were set forth fully herein. 21. Plaintiff has valid, plenary legal ownership of the Vehicle. 22. Defendant was and currently is exercising unauthorized dominion and control over the Vehicle. Page 4 of 7 6 of 9 FILED: ROCKLAND COUNTY CLERK 05/30/2024 04:10 PM INDEX NO. 033017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2024 23. Defendant’s exercise of dominion and control of the Vehicle is to the exclusion of Plaintiff’s rights. 24. As a result of Defendant’s refusal to return possession of the Vehicle, Plaintiff has suffered damages. WHEREFORE, Plaintiff, Rockland Hyundai, respectfully requests that the Court enter judgment against Defendant, PEU, for an amount that is equal to the fair market value of the Vehicle, together with costs and attorney’s fees associated with bringing this action pursuant to NY CPLR § 8601(a). SECOND COUNT UNJUST ENRICHMENT 25. Plaintiff hereby repeats, reiterates, and realleges each and every allegation contained in the preceding paragraphs of the Complaint as if they were set forth fully herein. 26. By virtue of unlawfully possessing the Vehicle, and refusing to return the Vehicle to Plaintiff, Defendant has been enriched. 27. Defendant’s enrichment, by virtue of possessing the Vehicle inures at Plaintiff’s expense and detriment. 28. Defendant’s possession of the Vehicle and subsequent enrichment is against equity and good conscience to permit in the State of New York. 29. As a result of Defendant’s refusal to return possession of the Vehicle, Plaintiff has suffered damages. WHEREFORE, Plaintiff, Rockland Hyundai, respectfully requests that the Court enter judgment against Defendant, PEU, for an amount that is equal to the fair market value of the Page 5 of 7 7 of 9 FILED: ROCKLAND COUNTY CLERK 05/30/2024 04:10 PM INDEX NO. 033017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2024 Vehicle, together with costs and attorney’s fees associated with bringing this action pursuant to NY CPLR § 8601(a). COUNT THREE REPLEVIN 30. Plaintiff hereby repeats, reiterates, and realleges each and every allegation contained in the preceding paragraphs of the Complaint as if they were set forth fully herein. 31. Defendant is in possession of Plaintiff’s property; namely the Vehicle. 32. Plaintiff has a superior, valid, and plenary legal right of ownership of the Vehicle. 33. Defendant refuses to return possession of the Vehicle to Plaintiff. 34. As a result of Defendant’s refusal to return possession of the Vehicle, Plaintiff has suffered damages. WHEREFORE, Plaintiff, Rockland Hyundai, respectfully requests that the Court enter judgment against Defendant, PEU, compelling Defendant to return the Vehicle to Plaintiff, at Defendant’s expense, and to enter judgment against Defendant for the costs and attorney’s fees associated with this bringing action pursuant to NY CPLR § 8601(a). COUNT FOUR BREACH OF BAILMENT 35. Plaintiff hereby repeats, reiterates, and realleges each and every allegation contained in the preceding paragraphs of the Complaint as if they were set forth fully herein. 36. Defendant was entrusted by the NYPD to take possession of the Vehicle. 37. Defendant took lawful possession of the Vehicle at the time it was delivered, without the intent to appropriate the Vehicle. Page 6 of 7 8 of 9 FILED: ROCKLAND COUNTY CLERK 05/30/2024 04:10 PM INDEX NO. 033017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2024 38. Defendant has appropriated the Vehicle by refusing to return possession of the Vehicle to Plaintiff. 39. As a result of Defendant’s refusal to return possession of the Vehicle, Plaintiff has suffered damages. WHEREFORE, Plaintiff, Rockland Hyundai, respectfully requests that the Court enter judgment against Defendant, PEU, compelling Defendant to return the Vehicle to Plaintiff, at Defendant’s expense, and to enter judgment against Defendant for the costs and attorney’s fees associated with this bringing action pursuant to NY CPLR § 8601(a). 30 2024 Dated: May _____, MORRIS, DOWNING & SHERRED, LLP Attorneys for Defendant, Rockland Hyundai By: /s/ Brian C. Lundquist _________________________________ Brian C. Lundquist, Esq. ONE MAIN STREET P.O. BOX 67 NEWTON, NEW JERSEY 07860 Tel: (973) 383-2700 Fax: (973) 383-3510 www.mdsfirm.com -and- ONE MORNINGSIDE DRIVE SUITE 1715 NEW YORK, NEW YORK 10025 Tel: (800) 394-2700 Page 7 of 7 9 of 9