Preview
FILED: NASSAU COUNTY CLERK 09/30/2019 10:52 AM INDEX NO. 613533/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/30/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X SIJMMONS
RAEL AUTOMATIC SPRINKLER COMPANY, INC,,
Index No.
Plaintiff, Date of Filine: 913012019
-agalnst- Plaintiff designates Nassau County
as the place of Trial
SLOW FOOD LLC,
The basis of venue is Plaintiff's
principal place of business located
Defendant.
at 1750 Piaza Avenue, New Hyde
Park, New York 11040,
TO THE ABOVE 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 the Summons, to serve a Notice of
Appearance, on the Plaintiff's attorneys within twenty (20) days after the service of this Summons,
exclusive of the date of service (or within thirty (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.
Dated: Garden City, New York
September 30,2019
LLP
By
Attomeys
666 Old Country Road, Suite 412
Garden City, New York 11530
(516) 393-5555
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TO Slow Food LLC
185 Greenwich Street, Store 2465
New York, New York 10007
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------x
RAEL AUTOMATIC SPRINKLER COMPANY, INC.,
Index No.:
Plaintiff,
-against- COMPLAINT
SLOW FOOD LLC,
Defendant.
X
Plaintiff Rael Automatic Sprinkler Company, Inc., by it attorneys, Schneider Buchel
LLP, complaining of the defendant, Slow Food LLC, sets forth and alleges, upon information
and belief, as follows:
THE PARTIES
L. Plaintiff Rael Automatic Sprinkler, Inc. ["Rael"J is a domestic business
corporation organized and existing under and by virtue of the laws of the State of New
Yorh with its principal place of business located at L750 Plaza Avenue, New Hyde Park,
New York 11040,
2. Rael is a third generation, full service fire protection company, which
provides turnkey fire protection installation in high profile commercial, sports,
institutional, residential, hotel and infrastructure projects.
3. Dcfcndant Slow Food LLC ("Slow Food") is a Delaware limited liability
company, authorized to transact business in the State of New York with a principal place of
business located at L85 Greenwich Street, Store 2465, New York New York 10007.
t
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BACKGROUND
4. In or about April 20L8, Slow Food entered into a Subcontractor Agreement
with Rael to perform certain sprinkler work, labor, and materials at Slow Food's retail store
located in the World Trade Center in New York, New York (the "Agreement").
5. In accordance with the Agreement, Rael commenced and completed the
required sprinkler work, labor and materials at the Slow Food retail store.
6. Rael billed Slow Food for its work performed and completed pursuant to the
Agreement,
7. In regard to the Slow Food retail store project, Rael's contract amountwith
Slow Food was $83,750.00 for its sprinkler worh labor, and materials.
8. Despite due demand, Slow Food has only paid Rael the total sum of
$23,750.00, leaving an unpaid balance due and owing Rael from Slow Food in the amount
of $60,000.00 for the Slow Food retail store project sprinkler work.
AS AND FOR A FIRST CAUSE OF ACTION
(Breach of Contract)
9. Rael repeats, reiterates and realleges each and every allegation contained in
paragraphs "1" through "8" above, as ifset forth at length herein.
10. The Agreement for the Slow Food retail store project is a valid and binding
contract between Rael and Slow Food.
t1,. Pursuant to the Agreement, Slow Food was obligated to make payment to
Rael in the amount of $83,750.00 for the Slow Food retail store project sprinkler work.
LZ. Slow Food materially breached the Agreement by only paying Rael the total
sum of $23,750.00, leaving an unpaid balance due and owing Rael from Slow Food in the
amount of $60,000.00 for the retail store project sprinkler work,
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/30/2019
13. Rael has fully performed all of its obligations pursuant to the Agreement.
t4. As a result of Slow Food's breach of the Agreement, Rael has been damaged,
15, Based on the foregoing, Rael has suffered monetary damages in the amount
of $60,000.00, together with interest at the greatest extent permitted by law.
AS AND FORA SECOND CAUSE OF ACTION
(Quantum Meruit)
1.6. Rael repeats, reiterates and realleges each and every allegation contained in
paragraphs "L" through "L5" above, as ifset forth at length herein.
L7, Rael performed work, labor, and materials in good faith for Slow Food, which
Slow Food requested, accepted, and used.
18. Slow Food knew that Rael expected to be compensated for its worh labor,
and materials.
1,9. The fair and reasonable value of the worh labor, and materials provided by
Rael to Slow Food totals $83,750.00.
20. Slow Food has paid Rael the total sum of $23,750.00, leaving an unpaid
balance due and owing Rael in the amount of $60,000.00.
2L. In the event the Agreement is not fully enforced, in the alternative, Rael has
been damaged because it has not been reasonably compensated for its work, labor, and
materials in an amount greater than or equal to $60,000.00.
22. Rael has been damaged by Slow Food's wrongful refusal to compensate Rael
for the reasonable value of its work, labor, and material, which it rendered at the specific
instance, request and benefit of Slow Food.
23. Based on the foregoing, Rael has suffered monetary damages in the amount
of $60,000.00, together with interest at the greatest extent permitted by law.
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AS AND FOR A THIRD CAUSE OF ACTION
(Uniust Enrichment)
24. Rael repeats, reiterates and realleges each and every allegation contained in
paragraphs "1" through"23" above, as if set forth at length herein.
25. Rael has conferred benefits to Slow Food by performing the work, labor, and
materials set forth above.
26. Slow Food is aware of and has knowledge of the benefits that it has realized
from Rael's worh labor, and materials.
27. Slow Food knew that Rael expected to be compensated for its work labor,
and materials.
28. In the event the Agreement is not fully enforced, in the alternative, it would
be against equity and good conscience to permit Slow Food to retain the benefit of Rael's
work, labor, and materials without compensating Rael in an amount greater than or equal
to $60,000.00.
29. Based on the foregoing, Rael has suffered monetary damages in the amount
of $60,000.00, together with interest at the greatest extent permitted by law.
WHEREFORE, Plaintiff demands judgment against Defendant as follows:
(a) On the First Cause of Action, an award of monetary damages in favor of Rael
and against Slow Food in an amount no less than $60,000.00, together with
interest at the greatest extent permitted by law;
(b) 0n the Second Cause of Action, an award of monetary damages in favor of
Rael and against Slow Food in an amount no less than $60,000.00, together
with interest at the greatest extent permitted by law;
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(c) On the Third Cause of Action, an award of monetary damages in favor of Rael
and against Slow Food in an amount no less than $60,000.00, together with
interest at the greatest extent permitted by law;
td) Awarding Plaintiff attorneys' fees, cost and disbursements; and
(e) Such other and further relief as this Court deems just equitable and proper.
Dated: Garden City, New York
September 30,20t9
SCHNEIDER BUCHEL LLP
By:
Tho ro, Jr
Attorneys
Rael Automatic Company,lnc.
666 Old Country Road, Suite 4L2
Garden City, New York 11530
(s16) 3e3-ssss
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Preview
FILED: NASSAU COUNTY CLERK 09/30/2019 10:52 AM INDEX NO. 613533/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/30/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X SIJMMONS RAEL AUTOMATIC SPRINKLER COMPANY, INC,, Index No. Plaintiff, Date of Filine: 913012019 -agalnst- Plaintiff designates Nassau County as the place of Trial SLOW FOOD LLC, The basis of venue is Plaintiff's principal place of business located Defendant. at 1750 Piaza Avenue, New Hyde Park, New York 11040, TO THE ABOVE 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 the Summons, to serve a Notice of Appearance, on the Plaintiff's attorneys within twenty (20) days after the service of this Summons, exclusive of the date of service (or within thirty (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. Dated: Garden City, New York September 30,2019 LLP By Attomeys 666 Old Country Road, Suite 412 Garden City, New York 11530 (516) 393-5555 1 of 7 FILED: NASSAU COUNTY CLERK 09/30/2019 10:52 AM INDEX NO. 613533/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/30/2019 TO Slow Food LLC 185 Greenwich Street, Store 2465 New York, New York 10007 2 of 7 FILED: NASSAU COUNTY CLERK 09/30/2019 10:52 AM INDEX NO. 613533/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/30/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------x RAEL AUTOMATIC SPRINKLER COMPANY, INC., Index No.: Plaintiff, -against- COMPLAINT SLOW FOOD LLC, Defendant. X Plaintiff Rael Automatic Sprinkler Company, Inc., by it attorneys, Schneider Buchel LLP, complaining of the defendant, Slow Food LLC, sets forth and alleges, upon information and belief, as follows: THE PARTIES L. Plaintiff Rael Automatic Sprinkler, Inc. ["Rael"J is a domestic business corporation organized and existing under and by virtue of the laws of the State of New Yorh with its principal place of business located at L750 Plaza Avenue, New Hyde Park, New York 11040, 2. Rael is a third generation, full service fire protection company, which provides turnkey fire protection installation in high profile commercial, sports, institutional, residential, hotel and infrastructure projects. 3. Dcfcndant Slow Food LLC ("Slow Food") is a Delaware limited liability company, authorized to transact business in the State of New York with a principal place of business located at L85 Greenwich Street, Store 2465, New York New York 10007. t 3 of 7 FILED: NASSAU COUNTY CLERK 09/30/2019 10:52 AM INDEX NO. 613533/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/30/2019 BACKGROUND 4. In or about April 20L8, Slow Food entered into a Subcontractor Agreement with Rael to perform certain sprinkler work, labor, and materials at Slow Food's retail store located in the World Trade Center in New York, New York (the "Agreement"). 5. In accordance with the Agreement, Rael commenced and completed the required sprinkler work, labor and materials at the Slow Food retail store. 6. Rael billed Slow Food for its work performed and completed pursuant to the Agreement, 7. In regard to the Slow Food retail store project, Rael's contract amountwith Slow Food was $83,750.00 for its sprinkler worh labor, and materials. 8. Despite due demand, Slow Food has only paid Rael the total sum of $23,750.00, leaving an unpaid balance due and owing Rael from Slow Food in the amount of $60,000.00 for the Slow Food retail store project sprinkler work. AS AND FOR A FIRST CAUSE OF ACTION (Breach of Contract) 9. Rael repeats, reiterates and realleges each and every allegation contained in paragraphs "1" through "8" above, as ifset forth at length herein. 10. The Agreement for the Slow Food retail store project is a valid and binding contract between Rael and Slow Food. t1,. Pursuant to the Agreement, Slow Food was obligated to make payment to Rael in the amount of $83,750.00 for the Slow Food retail store project sprinkler work. LZ. Slow Food materially breached the Agreement by only paying Rael the total sum of $23,750.00, leaving an unpaid balance due and owing Rael from Slow Food in the amount of $60,000.00 for the retail store project sprinkler work, 2 4 of 7 FILED: NASSAU COUNTY CLERK 09/30/2019 10:52 AM INDEX NO. 613533/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/30/2019 13. Rael has fully performed all of its obligations pursuant to the Agreement. t4. As a result of Slow Food's breach of the Agreement, Rael has been damaged, 15, Based on the foregoing, Rael has suffered monetary damages in the amount of $60,000.00, together with interest at the greatest extent permitted by law. AS AND FORA SECOND CAUSE OF ACTION (Quantum Meruit) 1.6. Rael repeats, reiterates and realleges each and every allegation contained in paragraphs "L" through "L5" above, as ifset forth at length herein. L7, Rael performed work, labor, and materials in good faith for Slow Food, which Slow Food requested, accepted, and used. 18. Slow Food knew that Rael expected to be compensated for its worh labor, and materials. 1,9. The fair and reasonable value of the worh labor, and materials provided by Rael to Slow Food totals $83,750.00. 20. Slow Food has paid Rael the total sum of $23,750.00, leaving an unpaid balance due and owing Rael in the amount of $60,000.00. 2L. In the event the Agreement is not fully enforced, in the alternative, Rael has been damaged because it has not been reasonably compensated for its work, labor, and materials in an amount greater than or equal to $60,000.00. 22. Rael has been damaged by Slow Food's wrongful refusal to compensate Rael for the reasonable value of its work, labor, and material, which it rendered at the specific instance, request and benefit of Slow Food. 23. Based on the foregoing, Rael has suffered monetary damages in the amount of $60,000.00, together with interest at the greatest extent permitted by law. 3 5 of 7 FILED: NASSAU COUNTY CLERK 09/30/2019 10:52 AM INDEX NO. 613533/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/30/2019 AS AND FOR A THIRD CAUSE OF ACTION (Uniust Enrichment) 24. Rael repeats, reiterates and realleges each and every allegation contained in paragraphs "1" through"23" above, as if set forth at length herein. 25. Rael has conferred benefits to Slow Food by performing the work, labor, and materials set forth above. 26. Slow Food is aware of and has knowledge of the benefits that it has realized from Rael's worh labor, and materials. 27. Slow Food knew that Rael expected to be compensated for its work labor, and materials. 28. In the event the Agreement is not fully enforced, in the alternative, it would be against equity and good conscience to permit Slow Food to retain the benefit of Rael's work, labor, and materials without compensating Rael in an amount greater than or equal to $60,000.00. 29. Based on the foregoing, Rael has suffered monetary damages in the amount of $60,000.00, together with interest at the greatest extent permitted by law. WHEREFORE, Plaintiff demands judgment against Defendant as follows: (a) On the First Cause of Action, an award of monetary damages in favor of Rael and against Slow Food in an amount no less than $60,000.00, together with interest at the greatest extent permitted by law; (b) 0n the Second Cause of Action, an award of monetary damages in favor of Rael and against Slow Food in an amount no less than $60,000.00, together with interest at the greatest extent permitted by law; 4 6 of 7 FILED: NASSAU COUNTY CLERK 09/30/2019 10:52 AM INDEX NO. 613533/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/30/2019 (c) On the Third Cause of Action, an award of monetary damages in favor of Rael and against Slow Food in an amount no less than $60,000.00, together with interest at the greatest extent permitted by law; td) Awarding Plaintiff attorneys' fees, cost and disbursements; and (e) Such other and further relief as this Court deems just equitable and proper. Dated: Garden City, New York September 30,20t9 SCHNEIDER BUCHEL LLP By: Tho ro, Jr Attorneys Rael Automatic Company,lnc. 666 Old Country Road, Suite 4L2 Garden City, New York 11530 (s16) 3e3-ssss 5 7 of 7