Preview
(FILED: NEW YORK COUNTY CLERK 0172972014) INDEX NO. 450161/2014
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/29/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
cette me enna me coe enna isinenimeinmnnen mite atten
COMMISSIONERS OF THE STATE SUMMONS
INSURANCE FUND,
Index No.:
Plaintiff,
Plaintiff designates New York
-against- County as the place of trial.
Basis for venue: Plaintiff's place of
Business.
RUDY RODRIGUEZ RACING STABLES INC.,
Defendant. Policy No.: 20929303
me
nnmmnnnnen
dec ceeeeseemnnn anne ctnaeennemenennennnnnnnnesinmanana
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon Plaintiff's
attorney a written Answer to the Complaint in this action within twenty (20) days after
the
y served
service of this Summons, excluding the day of servic: c, if this Summons is personall
upon you within the State of New York. If this Summons is not personally delivered to you
is
within the State of New York, you must respond within thirty (30) days after service
the
completed, as provided by law. If you do not respond to the attached Complaint within
for
applicable time limitation stated above, a Judgment will be entered against you, by default,
the relief demanded in the Complaint, without further notice to you.
Dated: January 23, 2014
New York, New York
Yours, ete.,
William O’Brien
General Attorney of the State
Insurance Fund
Attorney for Plaintiff
By:
MICHAEL TOTARO, Esq.
Of Counsel
New York State Insurance Fund
199 Church Street, 14th Floor
New York, New York 10007
(212) 312-7860
Defendant’s Address:
Rudy Rodriguez Racing Stables Inc.
135 Munson Avenue
West Hempstead, New York 11552
SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF NEW YORK
ee eee nee re nen nn eee smeamancnennanuuasnaumsmnenennenaiieamemmnnenmnn
COMMISSIONERS OF THE STATE VERIFIED COMPLAINT
INSURANCE FUND,
Index No.:
Plaintiff,
-against-
Policy No.: 20929303
RUDY RODRIGUEZ RACING STABLES INC.,
Defendant.
ee ce cena erence ne naneneenenenenmcnmmmemenennetintaititunereamen
Plaintiff, Commissioners of the State Insurance Fund, by its attorney, the General
Attorney of the State Insurance Fund, as and for its Verified Complaint, respectfully alleges
as follows:
1 Plaintiff, the Commissioners of the State Insurance Fund, is authorized under
the Workers’ Compensation Laws of New York State to administer the affairs of the New
York State Insurance Fund (“NYSIF”). The State Insurance Fund is an agency of the State
of New York with an office at 199 Church Street, New York, New York 10007-1173.
2 Plaintiff provides workers’ compensation and disability insurance coverage to
its customers for which it charges premiums and fees. Pursuant to Section 93 of the
Workers’ Compensation Law, plaintiff may bring an action to collect unpaid premiums in
any county wherein the State Insurance Fund maintains an office.
3 Upon information and belief, the defendant Rudy Rodriguez Racing Stables Inc.
is a domestic business corporation organized and existing under the laws of the State of New
York and maintains a place of business at 135 Munson Avenue, West Hempstead, New York
11552.
AS_AND FOR A FIRST CAUSE OF ACTION
4 Plaintiff repeats and realleges the allegations set forth above.
5 Defendant requested a policy of insurance from plaintiff and authorized the
filing of and caused to be filed with the plaintiff an application for workers’ compensation
insurance. In reliance on the information provided to NYSIF by the defendant, plaintiff
provided to defendant a policy of insurance, Policy Number 20929303, for which defendant
as
agreed to pay to plaintiff premiums based upon payroll and other ancillary charges,
provided by the New York Workers’ Compensation Law. Defendant agreed to the payment
terms set forth in the contract of insurance. The policy was renewable on an annual basis.
6 Plaintiff provided defendant with workers’ compensation insurance coverage
from February 4, 2010 through September 7, 2011. The policy was cancelled on September
7, 2011.
7 Plaintiff billed defendant $83,327.32 for that coverage and sent bills to the
address identified by the defendant.
8 No part of said amount has been paid, even though it has been duly demanded.
9 As a result, defendant is in breach of its contract with plaintiff and is liable to
plaintiff for the sum of $83,327.32.
AS AND FOR A SECOND CAUSE OF ACTION
10. Plaintiff repeats and realleges each and every allegation set forth above.
ll. On or about December 5, 2011, plaintiff mailed to defendant a statement
showing that the defendant was indebted to plaintiff in the sum of $83,327.32.
12. Defendant retained this statement without objection, thereby conceding the
correctness of the account.
13. An account was stated between plaintiff and defendant for $83,327.32, all of
which remains due and owing.
AS AND FOR A THIRD CAUSE OF ACTION
14. Plaintiff repeats and realleges each and every allegation set forth above.
15. As a result of the foregoing, defendant has been unjustly enriched to the
detriment and at the expense of plaintiff in the amount of $83,327.32.
AS AND FOR A FOURTH CAUSE OF ACTION
16. Plaintiff repeats and realleges the allegations set forth above.
17. Plaintiff is entitled to recover statutory interest at the rate of 9% per annum
from the date of default.
AS AND FOR A FIFTH CAUSE OF ACTION
18. Plaintiff repeats and realleges the allegations set forth above.
19, Pursuant to Section 18 of the State Finance Law, plaintiff is entitled to the costs
associated with collection, including, but not limited to, attorneys’ fees and disbursements up
to 22% of the amount due.
WHEREFORE, it is respectfully requested that plaintiff, Commissioners of the
State Insurance Fund, be awarded judgment against defendants as follows:
(a) On the First Cause of Action, against defendant for breach of contract in the
amount of $83,327.32;
(b) On the Second Cause of Action, against defendant for an account stated in the
amount of $83,327.32;
(c) On the Third Cause of Action, against defendant for unjust enrichment in the
amount of $83,327.32;
(d) On the Fourth Cause of Action against defendant for interest on the debt in the
amount of 9% from the date of default;
(e) On the Fifth Cause of Action against defendant for the costs and disbursements of
this action, in an amount up to 22% of the judgment;
(f) For such other and further relief as may be just and proper under the
circumstances.
Dated: January 23, 2014
New York, New York
Yours, etc.,
William O’Brien,
General Atiorney of the State Insurance Fund
Attomey for Plaintiff
» ee
Michael Totaro, Esq.
Of Counsel
COMMISSIONERS OF THE STATE
INSURANCE FUND
199 Church Street
New York, New York 10007
(212) 312-7860
ATTORNEY'S VERIFICATION BY AFFIRMATION
Michael Totaro, the undersigned, duly affirms under penalty of perjury as follows: that I
am an attorney duly admitted to the practice of law in the State of New York, that I am Assistant
Counsel at the New York State Insurance Fund and serve as Of Counsel to the General Attomey
of the State Insurance Fund in this matter, that I have read the foregoing Complaint, know the
contents thereof, and that the same is true and correct of my own knowledge except as to the
matters herein stated to be alleged upon information and belief, and as to those matters I believe
to be true, that the sources of information and the grounds of belief as to the matters therein
stated to be alleged upon information and belief are records of the State Insurance Fund, and
other information consisting of communications and statements made by and to the
representatives of the State Insurance Fund.
Dated: January 23, 2014
SebQ
New York, New York
Michael Totaro, Esq.
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
COMMISSIONERS OF THE STATE INSURANCE FUND,
Plaintiff,
-against-
RUDY RODRIGUEZ RACING STABLES INC.,
Defendant(s).
SUMMONS AND VERIFIED COMPLAINT
William O” Brien, General Attorney
of the State Fund, Attorney for Plaintiff
By: Michael Totaro, Esq.
199 Church Street, 14th floor
New York, New York 1007-1173
(212) 312-7860
Policy No.: 20929303
Preview
(FILED: NEW YORK COUNTY CLERK 0172972014) INDEX NO. 450161/2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/29/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK cette me enna me coe enna isinenimeinmnnen mite atten COMMISSIONERS OF THE STATE SUMMONS INSURANCE FUND, Index No.: Plaintiff, Plaintiff designates New York -against- County as the place of trial. Basis for venue: Plaintiff's place of Business. RUDY RODRIGUEZ RACING STABLES INC., Defendant. Policy No.: 20929303 me nnmmnnnnen dec ceeeeseemnnn anne ctnaeennemenennennnnnnnnesinmanana TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon Plaintiff's attorney a written Answer to the Complaint in this action within twenty (20) days after the y served service of this Summons, excluding the day of servic: c, if this Summons is personall upon you within the State of New York. If this Summons is not personally delivered to you is within the State of New York, you must respond within thirty (30) days after service the completed, as provided by law. If you do not respond to the attached Complaint within for applicable time limitation stated above, a Judgment will be entered against you, by default, the relief demanded in the Complaint, without further notice to you. Dated: January 23, 2014 New York, New York Yours, ete., William O’Brien General Attorney of the State Insurance Fund Attorney for Plaintiff By: MICHAEL TOTARO, Esq. Of Counsel New York State Insurance Fund 199 Church Street, 14th Floor New York, New York 10007 (212) 312-7860 Defendant’s Address: Rudy Rodriguez Racing Stables Inc. 135 Munson Avenue West Hempstead, New York 11552 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NEW YORK ee eee nee re nen nn eee smeamancnennanuuasnaumsmnenennenaiieamemmnnenmnn COMMISSIONERS OF THE STATE VERIFIED COMPLAINT INSURANCE FUND, Index No.: Plaintiff, -against- Policy No.: 20929303 RUDY RODRIGUEZ RACING STABLES INC., Defendant. ee ce cena erence ne naneneenenenenmcnmmmemenennetintaititunereamen Plaintiff, Commissioners of the State Insurance Fund, by its attorney, the General Attorney of the State Insurance Fund, as and for its Verified Complaint, respectfully alleges as follows: 1 Plaintiff, the Commissioners of the State Insurance Fund, is authorized under the Workers’ Compensation Laws of New York State to administer the affairs of the New York State Insurance Fund (“NYSIF”). The State Insurance Fund is an agency of the State of New York with an office at 199 Church Street, New York, New York 10007-1173. 2 Plaintiff provides workers’ compensation and disability insurance coverage to its customers for which it charges premiums and fees. Pursuant to Section 93 of the Workers’ Compensation Law, plaintiff may bring an action to collect unpaid premiums in any county wherein the State Insurance Fund maintains an office. 3 Upon information and belief, the defendant Rudy Rodriguez Racing Stables Inc. is a domestic business corporation organized and existing under the laws of the State of New York and maintains a place of business at 135 Munson Avenue, West Hempstead, New York 11552. AS_AND FOR A FIRST CAUSE OF ACTION 4 Plaintiff repeats and realleges the allegations set forth above. 5 Defendant requested a policy of insurance from plaintiff and authorized the filing of and caused to be filed with the plaintiff an application for workers’ compensation insurance. In reliance on the information provided to NYSIF by the defendant, plaintiff provided to defendant a policy of insurance, Policy Number 20929303, for which defendant as agreed to pay to plaintiff premiums based upon payroll and other ancillary charges, provided by the New York Workers’ Compensation Law. Defendant agreed to the payment terms set forth in the contract of insurance. The policy was renewable on an annual basis. 6 Plaintiff provided defendant with workers’ compensation insurance coverage from February 4, 2010 through September 7, 2011. The policy was cancelled on September 7, 2011. 7 Plaintiff billed defendant $83,327.32 for that coverage and sent bills to the address identified by the defendant. 8 No part of said amount has been paid, even though it has been duly demanded. 9 As a result, defendant is in breach of its contract with plaintiff and is liable to plaintiff for the sum of $83,327.32. AS AND FOR A SECOND CAUSE OF ACTION 10. Plaintiff repeats and realleges each and every allegation set forth above. ll. On or about December 5, 2011, plaintiff mailed to defendant a statement showing that the defendant was indebted to plaintiff in the sum of $83,327.32. 12. Defendant retained this statement without objection, thereby conceding the correctness of the account. 13. An account was stated between plaintiff and defendant for $83,327.32, all of which remains due and owing. AS AND FOR A THIRD CAUSE OF ACTION 14. Plaintiff repeats and realleges each and every allegation set forth above. 15. As a result of the foregoing, defendant has been unjustly enriched to the detriment and at the expense of plaintiff in the amount of $83,327.32. AS AND FOR A FOURTH CAUSE OF ACTION 16. Plaintiff repeats and realleges the allegations set forth above. 17. Plaintiff is entitled to recover statutory interest at the rate of 9% per annum from the date of default. AS AND FOR A FIFTH CAUSE OF ACTION 18. Plaintiff repeats and realleges the allegations set forth above. 19, Pursuant to Section 18 of the State Finance Law, plaintiff is entitled to the costs associated with collection, including, but not limited to, attorneys’ fees and disbursements up to 22% of the amount due. WHEREFORE, it is respectfully requested that plaintiff, Commissioners of the State Insurance Fund, be awarded judgment against defendants as follows: (a) On the First Cause of Action, against defendant for breach of contract in the amount of $83,327.32; (b) On the Second Cause of Action, against defendant for an account stated in the amount of $83,327.32; (c) On the Third Cause of Action, against defendant for unjust enrichment in the amount of $83,327.32; (d) On the Fourth Cause of Action against defendant for interest on the debt in the amount of 9% from the date of default; (e) On the Fifth Cause of Action against defendant for the costs and disbursements of this action, in an amount up to 22% of the judgment; (f) For such other and further relief as may be just and proper under the circumstances. Dated: January 23, 2014 New York, New York Yours, etc., William O’Brien, General Atiorney of the State Insurance Fund Attomey for Plaintiff » ee Michael Totaro, Esq. Of Counsel COMMISSIONERS OF THE STATE INSURANCE FUND 199 Church Street New York, New York 10007 (212) 312-7860 ATTORNEY'S VERIFICATION BY AFFIRMATION Michael Totaro, the undersigned, duly affirms under penalty of perjury as follows: that I am an attorney duly admitted to the practice of law in the State of New York, that I am Assistant Counsel at the New York State Insurance Fund and serve as Of Counsel to the General Attomey of the State Insurance Fund in this matter, that I have read the foregoing Complaint, know the contents thereof, and that the same is true and correct of my own knowledge except as to the matters herein stated to be alleged upon information and belief, and as to those matters I believe to be true, that the sources of information and the grounds of belief as to the matters therein stated to be alleged upon information and belief are records of the State Insurance Fund, and other information consisting of communications and statements made by and to the representatives of the State Insurance Fund. Dated: January 23, 2014 SebQ New York, New York Michael Totaro, Esq. Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK COMMISSIONERS OF THE STATE INSURANCE FUND, Plaintiff, -against- RUDY RODRIGUEZ RACING STABLES INC., Defendant(s). SUMMONS AND VERIFIED COMPLAINT William O” Brien, General Attorney of the State Fund, Attorney for Plaintiff By: Michael Totaro, Esq. 199 Church Street, 14th floor New York, New York 1007-1173 (212) 312-7860 Policy No.: 20929303