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FILED: LIVINGSTON COUNTY CLERK 12/12/2019 03:09 PM INDEX NO. 001099-2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2019 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: MICHAEL JOSEPH WEGMAN MICHAEL JOSEPH WEGMAN Document Type: CIVIL ACTION - MISC Document Desc: SUMMONS + COMPLAINT Plaintiff Defendant Bears Management Group, Inc. Inventory Solutions, Inc. d/b/a Bears Playground Recorded Information: State of New York Index #: 001099-2019 County of Livingston EFiling through NYSCEF Livingston County Clerk This sheet cc±M&: the Clerk's endoreement equit¤d by section 319 of the Real Property Law ofthe State ofNew York AKB Do Not 1 ofDetach 7 FILED: LIVINGSTON COUNTY CLERK 12/12/2019 03:09 PM INDEX Index NO. # 001099-2019 : 001099-2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2019 STATE OF NEW YORK SUPREME COURT COUNTY OF LIVINGSTON BEARS MANAGEMENT GROUP, INC. SUMMONS d/b/a BEARS PLAYGROUNDS, 7577 East Main Street Lima, NY 14485 Plaintiff designates Livingston County Plaintiff, as the place of trial vs The basis of venue INVENTORY SOLUTIONS, INC. is Plaintiff's principal place of business Defendant. To the above-named Defendant: 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 Attorneys within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is completed 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. DATED: December fl_, 2019 Michael J. ginfn, É q. Lacy Katzen LLI Attorneys for Plaintiff 600 Bausch and Lomb Place Mailing Address: P.O. Box 22878 Rochester, NY 14692 Telephone: (585) 324-5702 2 of 7 FILED: LIVINGSTON COUNTY CLERK 12/12/2019 03:09 PM INDEXIndexNO. #: 001099-2019 001099-2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2019 STATE OF NEW YORK SUPREME COURT COUNTY OF LIVINGSTON BEARS MANAGEMENT GROUP, INC. d/b/a BEARS PLAYGROUNDS, Plaintiff, COMPLAINT vs INVENTORY SOLUTIONS, INC. Defendant. Plaintiff, for itsComplaint against Defendant, alleges as follows: 1. Plaintiff is a corporation organized under the laws of Delaware with itsprincipal place of business in the County of Livingston, State of New York. 2. Upon information and belief, Defendant is a corporation organized under the laws of Massachusetts with its principal place of business in the County of Worcester, Commonwealth of Massachusetts. 3. Plaintiff is in the business of and playground equipment for creating constructing residential and commercial use. 4. Defendant sells and ships building materials in itsregular course of business. 5. On or about December 14, 2017, Plaintiff ordered from Defendant 8,192 linear 16' feet of square edge Spanish Cedar PVC Outdoor Flooring for the price of $13,107.20. 6. On or about December 14, 2017, Plaintiff ordered from Defendant 26,880 linear 20' feet of square edge Spanish Cedar PVC Outdoor Flooring for the price of $43,008.00. 7. The total purchase price of the flooring was $56,115.20. 3 of 7 FILED: LIVINGSTON COUNTY CLERK 12/12/2019 03:09 PM INDEXIndexNO. #: 001099-2019 001099-2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2019 8. Defendant accepted Plaintiff's orders and agreed to ship the goods to Plaintiff's place of business in Lima, New York. A copy of the invoice provided by Defendant to Plaintiff confirming the agreement is annexed as Exhibit A. 9. Plaintiff paid Defendant the full purchase price through installments paid on December 17, 2017 and December 20, 2017. 16' 10. On or about January 26, 2018, Defendant delivered 3,584 linear feet of the 20' square edge flooring and 13,440 linear feet of the square edge flooring. 11. The value of the goods Defendant delivered was $27,238.40. 16' 12. Defendant failed to deliver the remaining 4,608 linear feet of the square edge flooring to complete the order despite Plaintiff's demands for delivery. 20' 13. Defendant failed to deliver the remaining 13,440 linear feet of the square edge flooring to complete the order despite Plaintiff's demands for delivery. 14. The value of the goods Defendant failed to deliver is $28,876.80. FIRST CAUSE OF ACTION: BREACH OF CONTRACT 15. The foregoing paragraphs are hereby repeated and realleged with the same force and effect as if they were fully set forth herein. 16. The parties entered into an agreement under which Defendant agreed to sell and deliver goods to Plaintiff. 17. Plaintiff paid Defendant the full purchase price agreed upon. 18. Defendant breached the agreement by failing to deliver goods for which it was paid. 19. Plaintiff has been damaged in the amount of $28,876.80. 4 of 7 FILED: LIVINGSTON COUNTY CLERK 12/12/2019 03:09 PM INDEXIndexNO. #: 001099-2019 001099-2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2019 SECOND CAUSE OF ACTION: CONVERSION 20. The foregoing paragraphs are hereby repeated and realleged with the same force and effect as if they were fully set forth herein. 21. Defendant has wrongfully retained $28,876.80 of Plaintiff's funds. 22. Plaintiff has a superior right to the $28,876.80 paid to Defendant for goods that were not delivered. 23. Defendant's exercise of control over the funds is intentional, unauthorized and in violation of Plaintiff's rights. 24. Plaintiff has been damaged in the amount of $28,876.80. THIRD CAUSE OF ACTION: UNJUST ENRICHMENT 25. The foregoing paragraphs are hereby repeated and realleged with the same force and effect as if they were fully set forth herein 26. Defendant has been unjustly, inequitably and unfairly enriched at Plaintiff's expense. 27. Under the circumstances, in equity and good conscience, Defendant should return to Plaintiff the amount by which Defendant has been unjustly enriched, in the principal amount of $28,876.80. WHERFORE, Plaintiff demands judgment against Defendant in the amount of $28,876.80, with interest from December 21, 2017, plus the costs and disbursements of this action, and for such other and further relief as the Court deems just and proper. 5 of 7 FILED: LIVINGSTON COUNTY CLERK 12/12/2019 03:09 PM INDEXIndexNO. #: 001099-2019 001099-2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2019 Dated: December , 2019 Michael Wyfrn , Êsq. Lacy Katzen LI Attorneys for Plaintiff The Granite Building, 130 East Main Street Mailing Address: P.O. Box 22878 Rochester, NY 14692-2878 (585) 454-5650 6 of 7 INDEX #: Index NO.001099-2019 001099-2019 FILED: LIVINGSTON COUNTY CLERK 12/12/2019 03:09 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2019 VERIFICATION STATE OF NEW YORK) COUNTY OF L1VINGSTON) SS.: Marcye Bears, being duly sworn, deposes and says: I am an officer of Bears Manageinent Group, Inc.d/bla Bears Playgrounds, the Plaintiffin the within action; I have read the foregoing complaint and know the contents thereof; and the same is trueto my own knowledge, except as to the matters therein stated to be alleged upon infounation and belief, and as to thosematters I believe to be true. This verification ismade by me because the Plaintiff is a corporation and Iam an officerthereof. The grounds of my belief as to allmatters not stated upon my own knowledge are as follows: Plaintiffs books and records. A arcye Bears Sworn to before me this day of -efp w hj) f, 2019. Notary Public 8ANDRA A. VANDUSER Notary State Public, of NewYork Livingston County Commission ExpiresMarch 21, 201 7 of 7