Preview
FILED: NASSAU COUNTY CLERK 06/30/2015 01:55 PM INDEX NO. 604244/2015
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/30/2015
SUPREME COURT OF THE STATE OF "NEW YORK
COlJNTY OF NASSAU
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PARTNERS IN SAFETY INC.,
Plaintiff,
SUMMONS
-against Â
Index No.
CARDWORKS ACQUIRING LLC and
MERRICK BANK CORPORATION, Date Purchased & Filed:
Defendants.
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To the above named Defendant(s):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
copy of your Answer, or if the Complaint is not served with this Summons, to serve a Notice of
Appearance, on the Plaintiffs attorney within 20 days after the service ofthis Summons, e}{c1usive of
the day of service (or within 30 days ifthis Summons is not personally delivered to you within the
State ofNew York); and in case ofyour failure to Answer or Appear, Judgment will be taken against
you by default for the relief demanded in the Complaint.
Dated: Garden City, New York
June ia, 2015
Yours, etc.
C. HYMAN, P.C.
-
595 Stewart Avenue, Suite 410
Garden City, NY 11530
(516) 745-0700
THE BASIS OF THE VENUE IS: Defendants' place of business.
PLAINTIFF'S ADDRESS:
800 Rt 17M
Middletown, NY 10940
DEFENDANTS' ADDRESSES:
CardWorks Acquiring LLC
101 Crossways Park Drive
Woodbury, NY 11797
Merrick Bank Corporation
135 Crossways Park Drive North - SteA
Woodbury, NY 11797
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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PARTNERS IN SAFETY INC.
Plaintiff, VERIFIED COMPLAINT
- against- Index No.
CARDWORKS ACQUIRING LLC and MERRICK
BANK CORPORATION,
Defendants.
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Plaintiff, by its attorney, FRANKLIN C. HYMAN, P;C., as and for its complaint against
the above-named defendants, sets forth and alleges:
1. Plaintiff is a domestic corPoration performing drug and medical screening for school
districts, business entities, and individuals, with its principal place of business in the State of
New York, County of Orange.
2. That upon information and belief, defendant, CARDWORKS ACQUIRING LLC
("CARDWORKS"), is a foreign limited liability company conducting a credit card processing
business with its principal place of business in the State ofNew York, County ofNassau.
3. That upon information and belief, defendants, MERRICK BANK CORPORATION
("MERRlCK"), is a foreign banking corporation acting as a sponsor bank, or partner, affiliate, or
principal of CARD WORKS with a place of business in the State of New York, County of
Nassau.
AS AND FOR A FIRST CAUSE OF ACTION
4. That on or about July 12, 2013, plaintiff and defendants entered into a merchant
agreement, pursuant to which through a N'NU gateway chosen by defendants,· defendants would
2
authorize and process plaintiffs customers' Visa, MasterCard and Discover Card, credit card
charges.
5. That implicit in said Agreement, among other things, defendants were to protect
against any fraudulent activity and to process only valid requests for authorizations, and charges.
6. That plaintiff duly performed the agreement on their part, and relied on defendants
performing their due diligence and due performance.
7. That unbeknownst to plaintiff, and over a weekend commencing on or about May 2
and May 3, 2015, defendants received 270,728 requests for authorizations from Milano Italy on
plaintiff s account.
8. That said requests for authorization in some cases were for pennies or other small
amounts, and were clearly fraudulent and defendant knew or should have known they were
fraudulent.
9. That in breach of their contractual obligations defendants accepted, approved and
processed said authorizations resulting in fees charged to plaintiff, in the sum of $25,040.82.
10. That in spite of their failure to perform their duties and obligations under the
contract, and without any notice to plaintiff, defendants withdraw the said sum of $25,040.82
from plaintiffs bank account at the Greater Hudson Bank (account number 1100008786) (''the
bank account") thereby depriving plaintiff of the use of said funds and refuses to return same to,
or reimburse, plaintiff therefore, although duly demanded.
AS AND FOR A SECOND CAUSE OF ACTION
11. Plaintiff repeats, reiterates and realleges each and every allegation contained in
paragraphs "I" through "10" as if repeated herein.
12. That defendant negligently and carelessly accepted authorized and processed said
3
270,728 requests for authorizations and charged plaintiff for same, knowing, or should have
known, that they were bogus, and fraudulent.
13. That by reason thereof defendant caused plaintiff damages in the sum of $25,040.82.
AS ANTI FOR A THIRD CAUSE OF ACTION
14. Plaintiff repeats, reiterates and realleges each and every allegation contained in
paragraphs "1" through "13" as if repeated herein.
15. That at all times mentioned herein plaintiff was and continues to be the owner of the
funds in the bank account.
16. That without authority or permission defendant unlawfully and wrongly withdrew
and converted the sum of $25,040.82 from said account for their own use and have failed or
refused to return same to plaintiff.
17. By reason thereof plaintiff has sustained damages of $25,040.82 .
. AS At'JD FOR A FOURTH CAUSE OF ACTION
18. Plaintiff repeats, reiterates and realleges each and every allegation contained in
paragraphs"1" through "17" as if repeated herein.
19. That for one week thereafter, as a direct result of defendant's negligence, plaintiff
was inundated with phone calls and faxes of complaints and requests for justification from the
individuals whose credit cares were authorized by the defendants.
20. That as a result, plaintiff's entire staff of employees had to respond to all said
inquiries.
21. That said inquiries lasted one entire week, and interfered with, and prevented,
plaintiff from conducting its normal business.
22. That as a result plaintiff was damaged in the sum of $50,000.00, in that plaintiff lost
4
income, and profits, and had to pay salaries to its employees for that period of time that it could
not conduct its normal business.
23. That plaintiff may be further damaged in the future.
WHEREFORE, plaintiff demands judgment against the defendants:
(a) As to the first cause of action in the sum of $25,040.82;
(b) As to the second cause of action in the sum of $25,040.82;
(c) As to the third cause of action in the sum of $25,040.82; and
(d) As to the fourth cause of action in the sum of $50,000.00, or such other amount as
plaintiff may be able to prove at the time of trial; and
(e) Each of the above together with interest from May 1, 2015; together with the costs
and disbursements of this action.
Dated: Garden City, New York
June~~2015
I
Yours, etc.
. HYMAJ\T, P.C.
y:
F~r=ankl~~in~C~.~y:m~an~~~~~~----
Attorney for Pl' .ff
595 Stewart Avenu·~e,-~-:'--,
Garden City, NY 11530
(516) 745-0700
5
ATTORNEY VERIFICATION
STATE OF NEW YORK)
) ss.
COUNTY OF NASSAU)
I, FRANKLIN C. HYMAN, an attorney admitted to practice in the courts of the State of
New York, state that I am the attorney of record for plaintiff in the within action; I have read the
foregoing Complaint and know the contents thereof; the same is true to my own knowledge,
except as to the m~tters therein alleged to be on information and belief, and as to those matters I
believe it to be true. The reason this verification is made by me and not by plaintiff is that said
plaintiff is not presently within the county wherein your affirmant maintains his office.
The grounds of my belief as to all matters not stated upon my own knowledge are as
follows: information contained in my files; documents supplied by plaintiff and conversations
with plaintiff.
Dated: Garden City, New York
June 30, 2015
Preview
FILED: NASSAU COUNTY CLERK 06/30/2015 01:55 PM INDEX NO. 604244/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/30/2015 SUPREME COURT OF THE STATE OF "NEW YORK COlJNTY OF NASSAU ---------------------------------------------------------------------x PARTNERS IN SAFETY INC., Plaintiff, SUMMONS -against  Index No. CARDWORKS ACQUIRING LLC and MERRICK BANK CORPORATION, Date Purchased & Filed: Defendants. ---------------------------------------------------------------------}{ To the above named Defendant(s): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer, or if the Complaint is not served with this Summons, to serve a Notice of Appearance, on the Plaintiffs attorney within 20 days after the service ofthis Summons, e}{c1usive of the day of service (or within 30 days ifthis Summons is not personally delivered to you within the State ofNew York); and in case ofyour failure to Answer or Appear, Judgment will be taken against you by default for the relief demanded in the Complaint. Dated: Garden City, New York June ia, 2015 Yours, etc. C. HYMAN, P.C. - 595 Stewart Avenue, Suite 410 Garden City, NY 11530 (516) 745-0700 THE BASIS OF THE VENUE IS: Defendants' place of business. PLAINTIFF'S ADDRESS: 800 Rt 17M Middletown, NY 10940 DEFENDANTS' ADDRESSES: CardWorks Acquiring LLC 101 Crossways Park Drive Woodbury, NY 11797 Merrick Bank Corporation 135 Crossways Park Drive North - SteA Woodbury, NY 11797 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------------------------------------x PARTNERS IN SAFETY INC. Plaintiff, VERIFIED COMPLAINT - against- Index No. CARDWORKS ACQUIRING LLC and MERRICK BANK CORPORATION, Defendants. ---------------------------------------------------------------------x Plaintiff, by its attorney, FRANKLIN C. HYMAN, P;C., as and for its complaint against the above-named defendants, sets forth and alleges: 1. Plaintiff is a domestic corPoration performing drug and medical screening for school districts, business entities, and individuals, with its principal place of business in the State of New York, County of Orange. 2. That upon information and belief, defendant, CARDWORKS ACQUIRING LLC ("CARDWORKS"), is a foreign limited liability company conducting a credit card processing business with its principal place of business in the State ofNew York, County ofNassau. 3. That upon information and belief, defendants, MERRICK BANK CORPORATION ("MERRlCK"), is a foreign banking corporation acting as a sponsor bank, or partner, affiliate, or principal of CARD WORKS with a place of business in the State of New York, County of Nassau. AS AND FOR A FIRST CAUSE OF ACTION 4. That on or about July 12, 2013, plaintiff and defendants entered into a merchant agreement, pursuant to which through a N'NU gateway chosen by defendants,· defendants would 2 authorize and process plaintiffs customers' Visa, MasterCard and Discover Card, credit card charges. 5. That implicit in said Agreement, among other things, defendants were to protect against any fraudulent activity and to process only valid requests for authorizations, and charges. 6. That plaintiff duly performed the agreement on their part, and relied on defendants performing their due diligence and due performance. 7. That unbeknownst to plaintiff, and over a weekend commencing on or about May 2 and May 3, 2015, defendants received 270,728 requests for authorizations from Milano Italy on plaintiff s account. 8. That said requests for authorization in some cases were for pennies or other small amounts, and were clearly fraudulent and defendant knew or should have known they were fraudulent. 9. That in breach of their contractual obligations defendants accepted, approved and processed said authorizations resulting in fees charged to plaintiff, in the sum of $25,040.82. 10. That in spite of their failure to perform their duties and obligations under the contract, and without any notice to plaintiff, defendants withdraw the said sum of $25,040.82 from plaintiffs bank account at the Greater Hudson Bank (account number 1100008786) (''the bank account") thereby depriving plaintiff of the use of said funds and refuses to return same to, or reimburse, plaintiff therefore, although duly demanded. AS AND FOR A SECOND CAUSE OF ACTION 11. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs "I" through "10" as if repeated herein. 12. That defendant negligently and carelessly accepted authorized and processed said 3 270,728 requests for authorizations and charged plaintiff for same, knowing, or should have known, that they were bogus, and fraudulent. 13. That by reason thereof defendant caused plaintiff damages in the sum of $25,040.82. AS ANTI FOR A THIRD CAUSE OF ACTION 14. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs "1" through "13" as if repeated herein. 15. That at all times mentioned herein plaintiff was and continues to be the owner of the funds in the bank account. 16. That without authority or permission defendant unlawfully and wrongly withdrew and converted the sum of $25,040.82 from said account for their own use and have failed or refused to return same to plaintiff. 17. By reason thereof plaintiff has sustained damages of $25,040.82 . . AS At'JD FOR A FOURTH CAUSE OF ACTION 18. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs"1" through "17" as if repeated herein. 19. That for one week thereafter, as a direct result of defendant's negligence, plaintiff was inundated with phone calls and faxes of complaints and requests for justification from the individuals whose credit cares were authorized by the defendants. 20. That as a result, plaintiff's entire staff of employees had to respond to all said inquiries. 21. That said inquiries lasted one entire week, and interfered with, and prevented, plaintiff from conducting its normal business. 22. That as a result plaintiff was damaged in the sum of $50,000.00, in that plaintiff lost 4 income, and profits, and had to pay salaries to its employees for that period of time that it could not conduct its normal business. 23. That plaintiff may be further damaged in the future. WHEREFORE, plaintiff demands judgment against the defendants: (a) As to the first cause of action in the sum of $25,040.82; (b) As to the second cause of action in the sum of $25,040.82; (c) As to the third cause of action in the sum of $25,040.82; and (d) As to the fourth cause of action in the sum of $50,000.00, or such other amount as plaintiff may be able to prove at the time of trial; and (e) Each of the above together with interest from May 1, 2015; together with the costs and disbursements of this action. Dated: Garden City, New York June~~2015 I Yours, etc. . HYMAJ\T, P.C. y: F~r=ankl~~in~C~.~y:m~an~~~~~~---- Attorney for Pl' .ff 595 Stewart Avenu·~e,-~-:'--, Garden City, NY 11530 (516) 745-0700 5 ATTORNEY VERIFICATION STATE OF NEW YORK) ) ss. COUNTY OF NASSAU) I, FRANKLIN C. HYMAN, an attorney admitted to practice in the courts of the State of New York, state that I am the attorney of record for plaintiff in the within action; I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge, except as to the m~tters therein alleged to be on information and belief, and as to those matters I believe it to be true. The reason this verification is made by me and not by plaintiff is that said plaintiff is not presently within the county wherein your affirmant maintains his office. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: information contained in my files; documents supplied by plaintiff and conversations with plaintiff. Dated: Garden City, New York June 30, 2015