Preview
FILED: LIVINGSTON COUNTY CLERK 12/17/2019 08:21 PM INDEX NO. 001110-2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/17/2019
Mary F. Strickland , County Clerk
Livingston County Government Center
6 Court Street, Room 201
fl A ÏÏ Geneseo, New York 14454
182' ~
(585) 243-7010 Fax (585) 243-7928
Livingston County Clerk Recording Page
Received From: Return To:
KAMRAN FAROOQ HASHMI KAMRAN FAROOQ HASHMI
Document Type: CIVIL ACTION - MISC Document Desc: SUMMONS + COMPLAINT
Plaintiff Defendant
K010kcuris Anastasios Urban Eugene
Recorded Information:
State of New York
Index #: 001110-2019
County of Livingston
EFiling through NYSCEF
Livingston County Clerk
This sheet constitutesthe Clerk's endeme!"ent required by section 319 of the Real Property Law ofthe State ofNew York
AKB
Do Not
1 ofDetach
6
Index
INDEX #
NO.: 001110-2019
001110-2019
FILED: LIVINGSTON COUNTY CLERK 12/17/2019 08:21 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/17/2019
STATE OF NEW YORK
SUPREME COURT COUNTY OF LIVINGSTON
ANASTASIOS KOLOKOURIS,
SUMMONS
Plaintiff,
Plaintiff designates Livingston County
-vs- as the Place of Trial
EUGENE URBAN, Index No.
Defendant.
TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED and required to answer the complaint in this
action and to serve a copy of your answer on the Plaintiff's attorney 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 is 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 by
default for the relief demanded in the complaint.
The basis of venue designated above is that the County of Livingston, New York is the
county in which both the plaintiff resides.
DATED: December 14, 2019 HASHMI LAW FIRM
By: /s/ Kamran F. Hashmi
Kamran F. Hashmi, Esq.
Attorneys for Plaintiff Anastasios Kolokouris
45 Exchange Blvd., Suite 929
Rochester, New York 14614
Tel: (585) 802-1253
TO: Eugene Urban
6193 Walnut Creek Drive
East Amherst, NY 14051
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Index NO.
INDEX #: 001110-2019
001110-2019
FILED: LIVINGSTON COUNTY CLERK 12/17/2019 08:21 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/17/2019
STATE OF NEW YORK
SUPREME COURT COUNTY OF LIVINGSTON
ANASTASIOS KOLOKOURIS,
Plaintiff, COMPLAINT
-vs- Index No.
EUGENE URBAN,
Defendant.
The plaintiff, ANASTASIOS KOLOKOURIS, by his attorneys, Hashmi Law Firm,
for his Complaint against the defendant, EUGENE URBAN, respectfully alleges as follows:
THE PARTIES
1. The plaintiff, ANASTASIOS KOLOKOURIS ("Plaintiff"), is a resident of
Livingston County, New York.
2. Upon information and belief, the defendant, EUGENE URBAN
("Defendant"), is a resident of Erie County, New York with an address of 6193 Walnut Creek
Drive, East Amherst, New York 14051.
FACTS
3. Defendant entered into a promissory note with Plaintiff in the amount of
$175,000 (the "Note"). A copy of the Note is attached hereto as Exhibit A.
4. The Note matured on December 15, 2011, whereupon the entire principal
balance and all accrued interest was to be due.
5. Plaintiff breached the terms of the Note by failing to repay the entire principal
balance and all accrued interest on December 15, 2011.
1
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Index NO.
INDEX #: 001110-2019
001110-2019
FILED: LIVINGSTON COUNTY CLERK 12/17/2019 08:21 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/17/2019
6. To date, Plaintiff has made numerous partial payments upon account of the
Note on various dates, including on April 28, 2013, November 27, 2013, October 4, 2014,
December 24, 2014, and May 6, 2016.
7. There is now due and owing to Plaintiff from Defendant as a result of the
aforementioned breach of the Note by Defendant, the sum of $175,000 plus applicable
interest, less payments made on account thereof, and reasonable costs and attorney's fees
incurred in connection with this action pursuant to paragraph 4 of the Note.
WHEREFORE, the plaintiff, ANASTASIOS KOLOKOURIS, demands judgment
against the defendant, EUGENE URBAN, for the sum of $175,000 plus applicable interest,
less payments made on account thereof, the costs and disbursements of this action, reasonable
attorney's fees, and for such other and further relief as the Court deems just and proper.
DATED: December 17, 2019
/s/ Kamran F. Hashmi
Kamran F. Hashmi, Esq.
Hashmi Law Firm
45 Exchange Blvd., Suite 929
Rochester, New York 14614
Tel: (585) 802-1253
Attorneys for Plaintiff Anastasios Kolokouris
2
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Index NO.
INDEX #: 001110-2019
001110-2019
FILED: LIVINGSTON COUNTY CLERK 12/17/2019 08:21 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/17/2019
Exhibit A
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Index NO.
INDEX #: 001110-2019
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FILED: LIVINGSTON COUNTY CLERK 12/17/2019 08:21 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/17/2019
PROMISSORY NOTE
DGcende
$ 17f,000 .hvember /_r, 2010
1. Promise to Pay. FOR VALUE RECE1VED, / u†Ev 2C//½ 4the "Borrower")
promises to pay to the order of7/ysoS }fdÅo hovn/Çcollectively with any assignee, the "Lender")
at such location as the Lender may require, in lawful money ofthe United Statesof America, the
principal sum of /*/gooo, #U U.S. DOLLARS ($ /ZÇd S.dig together with intereston the
unpaid principal amount as provided below.
2. Interest. This Note shall bear interest at a rateper annum equal to five percent
(5.00%) at alltimes. All interestshall be computed for the actual number of days elapsed on the
basis of a 12-month, 360-day year and shall be payable on the Maturity Date.
3. Payments.
(a) The entire principal balance and allaccrued but unpaid interestthereon
(callectively, the "Indebtedness") shall be payable by Borrower to Leader on the firstanniversary of
the date firstwritten above (the "Maturity Date") or on such earlier date as amounts outstanding
hereunder shallbecome due and payable puramnt to Section 3(c) hereof.
(b) The Borrower shall have the rightto prepay the Indebtedness in
whole or in partat any time.
4. Collection Costs. Ifaction isinstituted to collect thisNote, the Borrower pre-iscs
to pay all reasonable costs and expenses (meluding reasonable attorney fees) inemed in cenaceticñ
with such action.
5. Assignment. The Borrower may not assign any of his rights or obligations under
this Note without the prior written consent of the Lender. The Iznder may assign to one or more
individuals or ennties allor a portion of itsrights under this Note.
6. Waiver; Governing Law. THE BORROWER HEREBY WAIVES PRESENTMENT FOR
PAYMENT, DEMAND, NOTICE OF DISHONOR AND PROTEST OF THIS NOTE AND FURTHER AGREES
THAT THIS NOTE SHALL BE DEEMED TO HAVE BEEN MADE UNDER AND SHALL BE GOVERNED BY
NEW YORK IN ALL RESPECTS, INCLUDING MATTERS OF CONSTRUCTION, VALIDITY AND
PERFORMANCE, AND THAT NONE OF ITS TERMS OR PROVISIONS MAY BE WAIVED, ALTERED,
MODIFIED OR AMENDED EXCEFT AS THE LENDER MAY CONSENT THERETO IN WRITING DULY
SIGNED FOR AND ON ITS BEHALF.
IN WITNESS WHEREOF, the undersigned has executed this Note as of the date first
written above.
P Name:
6 of 6
Preview
FILED: LIVINGSTON COUNTY CLERK 12/17/2019 08:21 PM INDEX NO. 001110-2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/17/2019 Mary F. Strickland , County Clerk Livingston County Government Center 6 Court Street, Room 201 fl A ÏÏ Geneseo, New York 14454 182' ~ (585) 243-7010 Fax (585) 243-7928 Livingston County Clerk Recording Page Received From: Return To: KAMRAN FAROOQ HASHMI KAMRAN FAROOQ HASHMI Document Type: CIVIL ACTION - MISC Document Desc: SUMMONS + COMPLAINT Plaintiff Defendant K010kcuris Anastasios Urban Eugene Recorded Information: State of New York Index #: 001110-2019 County of Livingston EFiling through NYSCEF Livingston County Clerk This sheet constitutesthe Clerk's endeme!"ent required by section 319 of the Real Property Law ofthe State ofNew York AKB Do Not 1 ofDetach 6 Index INDEX # NO.: 001110-2019 001110-2019 FILED: LIVINGSTON COUNTY CLERK 12/17/2019 08:21 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/17/2019 STATE OF NEW YORK SUPREME COURT COUNTY OF LIVINGSTON ANASTASIOS KOLOKOURIS, SUMMONS Plaintiff, Plaintiff designates Livingston County -vs- as the Place of Trial EUGENE URBAN, Index No. Defendant. TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED and required to answer the complaint in this action and to serve a copy of your answer on the Plaintiff's attorney 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 is 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 by default for the relief demanded in the complaint. The basis of venue designated above is that the County of Livingston, New York is the county in which both the plaintiff resides. DATED: December 14, 2019 HASHMI LAW FIRM By: /s/ Kamran F. Hashmi Kamran F. Hashmi, Esq. Attorneys for Plaintiff Anastasios Kolokouris 45 Exchange Blvd., Suite 929 Rochester, New York 14614 Tel: (585) 802-1253 TO: Eugene Urban 6193 Walnut Creek Drive East Amherst, NY 14051 2 of 6 Index NO. INDEX #: 001110-2019 001110-2019 FILED: LIVINGSTON COUNTY CLERK 12/17/2019 08:21 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/17/2019 STATE OF NEW YORK SUPREME COURT COUNTY OF LIVINGSTON ANASTASIOS KOLOKOURIS, Plaintiff, COMPLAINT -vs- Index No. EUGENE URBAN, Defendant. The plaintiff, ANASTASIOS KOLOKOURIS, by his attorneys, Hashmi Law Firm, for his Complaint against the defendant, EUGENE URBAN, respectfully alleges as follows: THE PARTIES 1. The plaintiff, ANASTASIOS KOLOKOURIS ("Plaintiff"), is a resident of Livingston County, New York. 2. Upon information and belief, the defendant, EUGENE URBAN ("Defendant"), is a resident of Erie County, New York with an address of 6193 Walnut Creek Drive, East Amherst, New York 14051. FACTS 3. Defendant entered into a promissory note with Plaintiff in the amount of $175,000 (the "Note"). A copy of the Note is attached hereto as Exhibit A. 4. The Note matured on December 15, 2011, whereupon the entire principal balance and all accrued interest was to be due. 5. Plaintiff breached the terms of the Note by failing to repay the entire principal balance and all accrued interest on December 15, 2011. 1 3 of 6 Index NO. INDEX #: 001110-2019 001110-2019 FILED: LIVINGSTON COUNTY CLERK 12/17/2019 08:21 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/17/2019 6. To date, Plaintiff has made numerous partial payments upon account of the Note on various dates, including on April 28, 2013, November 27, 2013, October 4, 2014, December 24, 2014, and May 6, 2016. 7. There is now due and owing to Plaintiff from Defendant as a result of the aforementioned breach of the Note by Defendant, the sum of $175,000 plus applicable interest, less payments made on account thereof, and reasonable costs and attorney's fees incurred in connection with this action pursuant to paragraph 4 of the Note. WHEREFORE, the plaintiff, ANASTASIOS KOLOKOURIS, demands judgment against the defendant, EUGENE URBAN, for the sum of $175,000 plus applicable interest, less payments made on account thereof, the costs and disbursements of this action, reasonable attorney's fees, and for such other and further relief as the Court deems just and proper. DATED: December 17, 2019 /s/ Kamran F. Hashmi Kamran F. Hashmi, Esq. Hashmi Law Firm 45 Exchange Blvd., Suite 929 Rochester, New York 14614 Tel: (585) 802-1253 Attorneys for Plaintiff Anastasios Kolokouris 2 4 of 6 Index NO. INDEX #: 001110-2019 001110-2019 FILED: LIVINGSTON COUNTY CLERK 12/17/2019 08:21 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/17/2019 Exhibit A 5 of 6 Index NO. INDEX #: 001110-2019 001110-2019 FILED: LIVINGSTON COUNTY CLERK 12/17/2019 08:21 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/17/2019 PROMISSORY NOTE DGcende $ 17f,000 .hvember /_r, 2010 1. Promise to Pay. FOR VALUE RECE1VED, / u†Ev 2C//½ 4the "Borrower") promises to pay to the order of7/ysoS }fdÅo hovn/Çcollectively with any assignee, the "Lender") at such location as the Lender may require, in lawful money ofthe United Statesof America, the principal sum of /*/gooo, #U U.S. DOLLARS ($ /ZÇd S.dig together with intereston the unpaid principal amount as provided below. 2. Interest. This Note shall bear interest at a rateper annum equal to five percent (5.00%) at alltimes. All interestshall be computed for the actual number of days elapsed on the basis of a 12-month, 360-day year and shall be payable on the Maturity Date. 3. Payments. (a) The entire principal balance and allaccrued but unpaid interestthereon (callectively, the "Indebtedness") shall be payable by Borrower to Leader on the firstanniversary of the date firstwritten above (the "Maturity Date") or on such earlier date as amounts outstanding hereunder shallbecome due and payable puramnt to Section 3(c) hereof. (b) The Borrower shall have the rightto prepay the Indebtedness in whole or in partat any time. 4. Collection Costs. Ifaction isinstituted to collect thisNote, the Borrower pre-iscs to pay all reasonable costs and expenses (meluding reasonable attorney fees) inemed in cenaceticñ with such action. 5. Assignment. The Borrower may not assign any of his rights or obligations under this Note without the prior written consent of the Lender. The Iznder may assign to one or more individuals or ennties allor a portion of itsrights under this Note. 6. Waiver; Governing Law. THE BORROWER HEREBY WAIVES PRESENTMENT FOR PAYMENT, DEMAND, NOTICE OF DISHONOR AND PROTEST OF THIS NOTE AND FURTHER AGREES THAT THIS NOTE SHALL BE DEEMED TO HAVE BEEN MADE UNDER AND SHALL BE GOVERNED BY NEW YORK IN ALL RESPECTS, INCLUDING MATTERS OF CONSTRUCTION, VALIDITY AND PERFORMANCE, AND THAT NONE OF ITS TERMS OR PROVISIONS MAY BE WAIVED, ALTERED, MODIFIED OR AMENDED EXCEFT AS THE LENDER MAY CONSENT THERETO IN WRITING DULY SIGNED FOR AND ON ITS BEHALF. IN WITNESS WHEREOF, the undersigned has executed this Note as of the date first written above. P Name: 6 of 6