Preview
INDEX NO. 55042/2011
(FILED:
WESTCHESTER
COUNTY CLERK 0970172011)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/24/2011
STATE OF NEW YORK
SUPREME COURT COUNTY OF WESTCHESTER
VISION DESIGNS, L.L.C.,
Plaintiff SUMMONS
-vs-
Index No.
STILOSKI’S AUTOMOTIVE CORP.,
Date Filed:Argust LY, 201
Defendant
TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff’s attorneys an
Answer to the Complaint in this action within twenty (20) days after service of this Summons,
exclusive of the day of service, or within thirty (30) days after service is complete if this
Summons is not personally delivered to you within the State of New York. in case of your
failure to answer, judgment will be taken against you by default for the relief demanded in the
Complaint.
The basis of venue designated is the residence of Defendant.
DATED: August 24, 2011
YORIO LAW GROUP, P.C.
Dani
Attomey for Plaintiff
NY Attomey Reg. No. 4819058
50 North St.
Danbury, CT 06810
Telephone: (203) 790-4529
STATE OF NEW YORK
SUPREME COURT COUNTY OF WESTCHESTER
VISION DESIGNS, L.L.C.,
Plaintiff COMPLAINT
-Vs-
Index No.
STILOSKI’S AUTOMOTIVE CORP.,
Defendant
Plaintiff, by its attorney, Daniel J. Lemire, for its Complaint against Defendant, alleges as
follows:
PARTIES
1 At all times material the Plaintiff was and is now a Limited Liability Company organized
and existing under the laws of the State of Connecticut, with principal offices located at 50
Beaver Brook Rd., Danbury, CT 06810.
2. On information and belief, the Defendant is a Corporation organized and existing under
the laws of the State of New York, with a principal place of business located at 155 Wildey St.,
Tarrytown, NY 10591.
3, On information and belief, Defendant is a contractor/service provider for the
Hudson Valley Transportation Management Center (““HVTMC”), a partnership between the New
York State Department of Transportation and the New York State Police.
4. On information and belief, the HVTMC provides services to residents and travelers on
public highways in the Hudson Valley under the name “Hudson Emergency Local Patrol”
(H.E.L.P. Program”).
5. On its internet website, Defendant makes reference to its involvement therein by showing
a photograph of a H.E.L.P. vehicle and with the caption: “H.E.L-P, Truck, Part of NYS*DOT
Program, Outfited and Operated (via NYS Contract) by Stiloski’s Automotive Corp.”.
JURISDICTION AND VENUE
1 The events given rise to this action involve goods sold and delivered, as well as services
provided, to Defendant by Plaintiff.
2. Venue in the County of Westchester is proper because it is the county of Defendant’s
place of business.
3. This Court has jurisdiction over Defendant by virtue of the CPLR Section 301.
4. This is an action to recover from Defendant the balance due for goods sold and delivered
and for services rendered to Defendant, together with applicable interest and costs. The amount
demanded exceeds the jurisdiction of all lower courts.
FIRST CAUSE OF ACTION
5. At various times during the 2008 calendar year, Plaintiff, at the request of Defendant,
manufactured, sold and delivered to Defendant various goods, wares and merchandise at agreed
purchase prices and of reasonable value to Defendant. In connection with said requests,
Defendant advised Plaintiff that it was procuring the goods and services in question in its
capacity as a contractor for the H.E.L.P. Program. Defendant instructed Plaintiff to direct its
invoices to “New York Highway Patrol, 155 Wildey St., Tarrytown, NY 10591”. Product and
service delivery dates, and related information reflected in Plaintiff's books and records is as
follows:
Nioad (oem Brit eure aT ed eate tas betas DIUCn gC a OT Rd
erie ed EUs Gene CoteD) Coltrcresirenrited
SToagtery hina
Pay
04-03-2008 $2,327.80 16083 $2,327.80" $985.80 $985.80
04-03-2008 $3,345.00 16092 $3,345.00 $3,345.00 $4,330.80
04-09-2008 $477.00 16130 $477.00 $477.00 $4,807.80
04-14-2008 $464.00 16189 $464.00 $464.00 $5,271.80
05-14-2008 $1,512.00 16280 $1,512.00 $1,512.00 $6,783.80
*partially
paid
6, Plaintiff delivered the Invoices to Defendant, with 30 day payment terms. Other than
the partial payment shown, the Invoices remain unpaid.
7. On two occasions during the 2010 calendar year, Plaintiff, at the request of Defendant,
manufactured, sold and delivered to Defendant additional goods, wares and merchandise at
agreed purchase prices and of reasonable value to Defendant. Defendant instructed Plaintiff to
direct its invoices to “Stiloski’s Auto, 155 Wildey St., Tarrytown, NY 10591”. Product and
service delivery dates, and related information reflected in Plaintiff's books and records is as
follows:
NYG ioe Bites beatrnns sie (ened Puree sits PII SOOT)
LOTTI Kis PGi rel bits SOniTES Pricer tates
hray hitwong
05-28-2010 $208.92 19781 $208.92 $208.92 82 08.92
1
05-31-2010 $1,266.00 19793 $1,266.00 $1,266.00 $1,474.92
8. Plaintiff delivered the Invoices to Defendant, giving 30 day payment terms. The Invoices
remain unpaid.
9. Plaintiff has prepared summary invoices reflecting the foregoing, the same being attached
hereto as Exhibits “A” and “B”.
10. On April 7, 2011, Plaintiff duly made demand upon Defendant in the form of two
demand letters attached hereto as Exhibits “C” and “D”. Despite same, no further payment has
been paid by Defendant nor received by Plaintiff.
11. By reason of the foregoing, there is due the Plaintiff on its First Cause of Action the sum
of $8,258.72, together with applicable interest from the due dates specified above.
SECOND CAUSE OF ACTION
12, Plaintiff repeats and realleges all of the allegations set forth above as if more fully set
forth herein.
13. Heretofore, Plaintiff submitted to Defendant copies of the Invoices and periodic
statements of account, all of which were retained without objection, thus creating an account
stated.
14. By reason of the foregoing, there is due the Plaintiff from Defendant on its
Second Cause of Action the sum of $8,258.72, together with applicable interest from the due
dates specified above.
WHEREFORE, Plaintiff demands a Judgment of this Court in its favor against the
Defendant for:
(a) Compensatory damages on its First and/or Second Cause of Action in the sum of
$8,258.72 together with interest at the judgment rate from the due dates indicated. %.
(b) The costs and disbursements of this action; and
(c) Such other and further relief as the Court deems fair and proper.
DATED: August 24, 2011
YORIO LAW OUP, P.C.
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INDEX NO. 55042/2011 (FILED: WESTCHESTER COUNTY CLERK 0970172011) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/24/2011 STATE OF NEW YORK SUPREME COURT COUNTY OF WESTCHESTER VISION DESIGNS, L.L.C., Plaintiff SUMMONS -vs- Index No. STILOSKI’S AUTOMOTIVE CORP., Date Filed:Argust LY, 201 Defendant TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff’s attorneys an Answer to the Complaint in this action within twenty (20) days after service of this Summons, exclusive of the day of service, or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York. in case of your failure to answer, judgment will be taken against you by default for the relief demanded in the Complaint. The basis of venue designated is the residence of Defendant. DATED: August 24, 2011 YORIO LAW GROUP, P.C. Dani Attomey for Plaintiff NY Attomey Reg. No. 4819058 50 North St. Danbury, CT 06810 Telephone: (203) 790-4529 STATE OF NEW YORK SUPREME COURT COUNTY OF WESTCHESTER VISION DESIGNS, L.L.C., Plaintiff COMPLAINT -Vs- Index No. STILOSKI’S AUTOMOTIVE CORP., Defendant Plaintiff, by its attorney, Daniel J. Lemire, for its Complaint against Defendant, alleges as follows: PARTIES 1 At all times material the Plaintiff was and is now a Limited Liability Company organized and existing under the laws of the State of Connecticut, with principal offices located at 50 Beaver Brook Rd., Danbury, CT 06810. 2. On information and belief, the Defendant is a Corporation organized and existing under the laws of the State of New York, with a principal place of business located at 155 Wildey St., Tarrytown, NY 10591. 3, On information and belief, Defendant is a contractor/service provider for the Hudson Valley Transportation Management Center (““HVTMC”), a partnership between the New York State Department of Transportation and the New York State Police. 4. On information and belief, the HVTMC provides services to residents and travelers on public highways in the Hudson Valley under the name “Hudson Emergency Local Patrol” (H.E.L.P. Program”). 5. On its internet website, Defendant makes reference to its involvement therein by showing a photograph of a H.E.L.P. vehicle and with the caption: “H.E.L-P, Truck, Part of NYS*DOT Program, Outfited and Operated (via NYS Contract) by Stiloski’s Automotive Corp.”. JURISDICTION AND VENUE 1 The events given rise to this action involve goods sold and delivered, as well as services provided, to Defendant by Plaintiff. 2. Venue in the County of Westchester is proper because it is the county of Defendant’s place of business. 3. This Court has jurisdiction over Defendant by virtue of the CPLR Section 301. 4. This is an action to recover from Defendant the balance due for goods sold and delivered and for services rendered to Defendant, together with applicable interest and costs. The amount demanded exceeds the jurisdiction of all lower courts. FIRST CAUSE OF ACTION 5. At various times during the 2008 calendar year, Plaintiff, at the request of Defendant, manufactured, sold and delivered to Defendant various goods, wares and merchandise at agreed purchase prices and of reasonable value to Defendant. In connection with said requests, Defendant advised Plaintiff that it was procuring the goods and services in question in its capacity as a contractor for the H.E.L.P. Program. Defendant instructed Plaintiff to direct its invoices to “New York Highway Patrol, 155 Wildey St., Tarrytown, NY 10591”. Product and service delivery dates, and related information reflected in Plaintiff's books and records is as follows: Nioad (oem Brit eure aT ed eate tas betas DIUCn gC a OT Rd erie ed EUs Gene CoteD) Coltrcresirenrited SToagtery hina Pay 04-03-2008 $2,327.80 16083 $2,327.80" $985.80 $985.80 04-03-2008 $3,345.00 16092 $3,345.00 $3,345.00 $4,330.80 04-09-2008 $477.00 16130 $477.00 $477.00 $4,807.80 04-14-2008 $464.00 16189 $464.00 $464.00 $5,271.80 05-14-2008 $1,512.00 16280 $1,512.00 $1,512.00 $6,783.80 *partially paid 6, Plaintiff delivered the Invoices to Defendant, with 30 day payment terms. Other than the partial payment shown, the Invoices remain unpaid. 7. On two occasions during the 2010 calendar year, Plaintiff, at the request of Defendant, manufactured, sold and delivered to Defendant additional goods, wares and merchandise at agreed purchase prices and of reasonable value to Defendant. Defendant instructed Plaintiff to direct its invoices to “Stiloski’s Auto, 155 Wildey St., Tarrytown, NY 10591”. Product and service delivery dates, and related information reflected in Plaintiff's books and records is as follows: NYG ioe Bites beatrnns sie (ened Puree sits PII SOOT) LOTTI Kis PGi rel bits SOniTES Pricer tates hray hitwong 05-28-2010 $208.92 19781 $208.92 $208.92 82 08.92 1 05-31-2010 $1,266.00 19793 $1,266.00 $1,266.00 $1,474.92 8. Plaintiff delivered the Invoices to Defendant, giving 30 day payment terms. The Invoices remain unpaid. 9. Plaintiff has prepared summary invoices reflecting the foregoing, the same being attached hereto as Exhibits “A” and “B”. 10. On April 7, 2011, Plaintiff duly made demand upon Defendant in the form of two demand letters attached hereto as Exhibits “C” and “D”. Despite same, no further payment has been paid by Defendant nor received by Plaintiff. 11. By reason of the foregoing, there is due the Plaintiff on its First Cause of Action the sum of $8,258.72, together with applicable interest from the due dates specified above. SECOND CAUSE OF ACTION 12, Plaintiff repeats and realleges all of the allegations set forth above as if more fully set forth herein. 13. Heretofore, Plaintiff submitted to Defendant copies of the Invoices and periodic statements of account, all of which were retained without objection, thus creating an account stated. 14. By reason of the foregoing, there is due the Plaintiff from Defendant on its Second Cause of Action the sum of $8,258.72, together with applicable interest from the due dates specified above. WHEREFORE, Plaintiff demands a Judgment of this Court in its favor against the Defendant for: (a) Compensatory damages on its First and/or Second Cause of Action in the sum of $8,258.72 together with interest at the judgment rate from the due dates indicated. %. (b) The costs and disbursements of this action; and (c) Such other and further relief as the Court deems fair and proper. DATED: August 24, 2011 YORIO LAW OUP, P.C.