Preview
INDEX NO. 707552/2015
(FILED: QUEENS COUNTY CLERK 0771772015 03:02 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2015
SUPREME COURT OF THE STATE OF NEW YORK Date of Purchase
COUNTY OF QUEENS Index #
ete nenemrrmnninnrmninierrimmnnaretniaserneraienaiweinaratonisisinateietioiasansseiael
THE BURLINGTON INSURANCE COMPANY, Plaintiff designates
QUEENS
County as the place of trial
plaintiff, Summon
Plaintiffs res JEG | NA L
-against- 238 International Road
Burlington, NC 27215
BARCA RESTORATION, CORP The basis for the venue
Designated is
DEFENDANT's Residence
defendant(s)
ire rea
iis a SER ESIS RRRRNEhAL
To the above named defendants
Bou Are Hereby Summoned: to answer the complaint in this action and
to serve a copy of you answer, or, if the complaint is not served with this summons, to
serve a notice of appearance, on the Plaintiffs Attorney(s) within 20 days after the service
of this summons, exclusive of the day of service (or within 30 days after the service is
complete if this summons was 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
for the relief demanded herein
Dated: May 29, 2015
Defendants Address. GasuKer
105-14 Metropolitan Avenue MICHAEL A. BORG, ESQ. \
Forest Hills, NY 11375 SOFFER, RECH & BORG, LLP
48 Wall Street - 26" Floor
New York, NY 10005
212-268-7222
SUPREME COURT OF THE STATE OF NEW YORK Index #
COUNTY OF QUEENS
ansensannsnenenneecnsesenmesunansyaaenanesinganciautsanesnamacnssimeystenmsemuaetennaunmeees’
THE BURLINGTON INSURANCE COMPANY,
Plaintiff, VERIFIED
COMPLAINT
- against -
BARCA RESTORATION, CORP.
Defendant
~. -X
Plaintiff, by their attorneys SOFFER, RECH & BORG, LLP, complaining of the
defendant, respectfully alleges and sets forth as follows:
1 That plaintiff is an insurance company authorized to transact the business
of insurance within the State of New York.
2 That upon information and belief, the defendant is a domestic corporation
residing in the county wherein this action has been commenced.
AS AND FOR A FIRST CAUSE OF ACTION
3 The plaintiff issued to the defendant, at the defendant's special instance and
request, Commercial General Liability Policy #HGLO029750.
4 The policy remained in effect for the period from January 15, 2012 to January
90129
9, 2010.
5 The policy developed an earned premium of $59,006.15, which remains
unpaid, despite due demand.
AS AND FOR A SECOND CAUSE OF ACTION
6 The plaintiff issued to the defendant, at the defendant's special instance and
request, Commercial General Liability Policy #HGL0033372.
7 The policy remained in effect for the period from January 15, 2013 to July 17,
2013.
8 The policy developed an earned premium of $32,113.54, which remains
unpaid, despite due demand.
AS AND FOR A THIRD CAUSE OF ACTION
9 That there is due and owing from the defendant to the plaintiff an insurance
deductible claim #205534 of $619.70, for which demand has been made but payment
refused.
10. The deductible is due pursuant
to the terms of plaintiffs Commercial General
Liability Policy #HGL0029750, which was issued at the defendant's special instance and
request.
WHEREFORE, plaintiff demands judgment against the defendant for $91,739.39,
together with interest from July 17, 2013, as allowed by law, along with the costs and
disbursements of this action.
Dated: New York, New York
May 29, 2015
ael A. Bort >
SOFFER, RECH & BORG, LUP.
Attorneys for Plaintiff
48 Wall Street, 26"" Floor
New York, New York 10005
(212) 268-7222
Corporate Verification
STATE OF NORTH CAROLINA )
)ss.:
COUNTY OF ALAMANCE )
JOEL M. RICHARDSON, JR., being duly sworn deposes and says that | am the
ACCOUNTS RECEIVABLE AND COLLECTIONS MANAGER of THE BURLINGTON
INSURANCE COMPANY, the Plaintiff
in this action. The foregoing Complaint is true to my
own knowledge, except as to the matters stated therein to be upon information and belief,
and as to them | believe it to be true.
M ICHARDSON, JR.
Sworn to before me
this 29**day of Tun— , 2015
Natary Pub!
HA
AMBE R N. KISTLER
NOTARY PUBLIC
Alamance County
CNNorth Carolina, 3
CERTIFICATE OF CONFORMITY OF ACKNOWLEDGMENT
NYS RPL § 299-a
STATE OF North Carolina )
)ss.:
county oF Guu fone) )
Ruche\ m By ne does hereby certify that he/she is an Attorney-at-Law
duly admitted to practice in the State of North Carolina, and is a resident of
Mamunv< Ca aby in the State of North Carolina, that he/she is a
person duly qualified to make this certificate of conformity pursuant to Section 299-a of
the Real Property Law of the State of New York; that he/she is fully acquainted with the
laws of the State of North Carolina pertaining to the acknowledgment or proof of deeds
of real property to be recorded therein; that the foregoing acknowledgment by Joel M.
Richardson, Jr. named in the foregoing instrument taken before ~
Aloer yu. K dew , a notary public (or other officer) was taken in the
manner prescribed ‘by such laws of the State of North Carolina, being the state in
which it was taken; and that it duly conforms with such laws and is in all respects valid
and effective in such state.
gle
Witness my signature this a 4? day of “uns ,20\S
P;
ame: abel fn Bla )
lorney at Law, State of North Carolina
ar Registration No.: 42 bs f 4
Residing in the State of North Carolina
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Preview
INDEX NO. 707552/2015 (FILED: QUEENS COUNTY CLERK 0771772015 03:02 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2015 SUPREME COURT OF THE STATE OF NEW YORK Date of Purchase COUNTY OF QUEENS Index # ete nenemrrmnninnrmninierrimmnnaretniaserneraienaiweinaratonisisinateietioiasansseiael THE BURLINGTON INSURANCE COMPANY, Plaintiff designates QUEENS County as the place of trial plaintiff, Summon Plaintiffs res JEG | NA L -against- 238 International Road Burlington, NC 27215 BARCA RESTORATION, CORP The basis for the venue Designated is DEFENDANT's Residence defendant(s) ire rea iis a SER ESIS RRRRNEhAL To the above named defendants Bou Are Hereby Summoned: to answer the complaint in this action and to serve a copy of you answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons was 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 for the relief demanded herein Dated: May 29, 2015 Defendants Address. GasuKer 105-14 Metropolitan Avenue MICHAEL A. BORG, ESQ. \ Forest Hills, NY 11375 SOFFER, RECH & BORG, LLP 48 Wall Street - 26" Floor New York, NY 10005 212-268-7222 SUPREME COURT OF THE STATE OF NEW YORK Index # COUNTY OF QUEENS ansensannsnenenneecnsesenmesunansyaaenanesinganciautsanesnamacnssimeystenmsemuaetennaunmeees’ THE BURLINGTON INSURANCE COMPANY, Plaintiff, VERIFIED COMPLAINT - against - BARCA RESTORATION, CORP. Defendant ~. -X Plaintiff, by their attorneys SOFFER, RECH & BORG, LLP, complaining of the defendant, respectfully alleges and sets forth as follows: 1 That plaintiff is an insurance company authorized to transact the business of insurance within the State of New York. 2 That upon information and belief, the defendant is a domestic corporation residing in the county wherein this action has been commenced. AS AND FOR A FIRST CAUSE OF ACTION 3 The plaintiff issued to the defendant, at the defendant's special instance and request, Commercial General Liability Policy #HGLO029750. 4 The policy remained in effect for the period from January 15, 2012 to January 90129 9, 2010. 5 The policy developed an earned premium of $59,006.15, which remains unpaid, despite due demand. AS AND FOR A SECOND CAUSE OF ACTION 6 The plaintiff issued to the defendant, at the defendant's special instance and request, Commercial General Liability Policy #HGL0033372. 7 The policy remained in effect for the period from January 15, 2013 to July 17, 2013. 8 The policy developed an earned premium of $32,113.54, which remains unpaid, despite due demand. AS AND FOR A THIRD CAUSE OF ACTION 9 That there is due and owing from the defendant to the plaintiff an insurance deductible claim #205534 of $619.70, for which demand has been made but payment refused. 10. The deductible is due pursuant to the terms of plaintiffs Commercial General Liability Policy #HGL0029750, which was issued at the defendant's special instance and request. WHEREFORE, plaintiff demands judgment against the defendant for $91,739.39, together with interest from July 17, 2013, as allowed by law, along with the costs and disbursements of this action. Dated: New York, New York May 29, 2015 ael A. Bort > SOFFER, RECH & BORG, LUP. Attorneys for Plaintiff 48 Wall Street, 26"" Floor New York, New York 10005 (212) 268-7222 Corporate Verification STATE OF NORTH CAROLINA ) )ss.: COUNTY OF ALAMANCE ) JOEL M. RICHARDSON, JR., being duly sworn deposes and says that | am the ACCOUNTS RECEIVABLE AND COLLECTIONS MANAGER of THE BURLINGTON INSURANCE COMPANY, the Plaintiff in this action. The foregoing Complaint is true to my own knowledge, except as to the matters stated therein to be upon information and belief, and as to them | believe it to be true. M ICHARDSON, JR. Sworn to before me this 29**day of Tun— , 2015 Natary Pub! HA AMBE R N. KISTLER NOTARY PUBLIC Alamance County CNNorth Carolina, 3 CERTIFICATE OF CONFORMITY OF ACKNOWLEDGMENT NYS RPL § 299-a STATE OF North Carolina ) )ss.: county oF Guu fone) ) Ruche\ m By ne does hereby certify that he/she is an Attorney-at-Law duly admitted to practice in the State of North Carolina, and is a resident of Mamunv< Ca aby in the State of North Carolina, that he/she is a person duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York; that he/she is fully acquainted with the laws of the State of North Carolina pertaining to the acknowledgment or proof of deeds of real property to be recorded therein; that the foregoing acknowledgment by Joel M. Richardson, Jr. named in the foregoing instrument taken before ~ Aloer yu. K dew , a notary public (or other officer) was taken in the manner prescribed ‘by such laws of the State of North Carolina, being the state in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. gle Witness my signature this a 4? day of “uns ,20\S P; ame: abel fn Bla ) lorney at Law, State of North Carolina ar Registration No.: 42 bs f 4 Residing in the State of North Carolina W W Wh Wt i i i Wh i Mt Wh i i WW I it I Wt Mt Wt i i i i I I i i I q W i " i i I W W << I i i I I Wt W i S22 u i W i W i Qc I ‘OO: 3 i Wt "ow iW a =< u i Wt ca i W Wt I ut W Wt ul Zo I Wt mo W I I Wt Wt i 27 i 2 —S HW W I I QD. U i i Oz W " > ut it I 7m u W ow Wt Wt i Qn W i i i ca I $5 Os I W Wh m> MW =f i I Wt moa Wh ™T™RQ u Wh Wh zm Wh i i W Wt W nO i W i u i i I i i i i Wh i i Wt i iW W MW i iW i i i i W iW i i W I W u iW Wh i i i " " W WW MW