Preview
FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX NO. 650544/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018
STATE OF NEW YORK
SUPREME COURT COUNTY OF NEW YORK Index No.
MARITECH ATM SOLUTIONS, LLC
Plaintiff designates New York County as the
Plaintiff place of trial
The basis of the venue isCPLR 503
(Defendants reside in New York County)
SUMMONS
vs.
IL BASTARDO, SHERIF IBRAHIM
Defendant(s)
To the above named Defendant(s):
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorneys a verified answer to
the verified complaint in thisaction within twenty days añer the service of this summons, exclusive of the day of
service, or within thirty days after service is complete ifthis 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
reliefdemanded in the complaint.
Dated: January 31, 2018
"Sid"
Isidro Garbanzos, Esq.
Garbanzos Law Firm, P.C.
Attorneys for Plaintiff
696
3805 Street
Woodside, NY 11377
Tel.(718)725-7324
Trial is desired in
The basis of venue designated above is CPLR 503
Defendants'
Addresses:
IL BASTARDO SHERIF IBRAHIM
27* 27*
544 West Street 544 West Street
New York, NY 10001 New York, NY 10001
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NE%'
STATE OF NEW Y ORK
SUPREME COURT COUNTY OF NEW YORK
MARITECH ATM SOLUTIONS, LLC
VERIFIED COMPLAlNT
Plaintiff Index No: [ ]
vs.
IL BASTARDO, SHERIF IBRAHIM
Defendant(s)
Plaintiff, MARITECH ATM SOLUTIONS, LLC by and through her attorneys, GARBANZOS
LAW FIRM, P.C. as and for a Verified Complaint against the defendant alleges that at all times
hereinafter mentioned:
PRELIMINARY STATEMENT
1. This is an action for damages and other relief by plaintiff, MARITECH ATM
SOLUTIONS, LLC, ("MARITECH ATM") a provider of automated teller machine
defendants'
("ATM") products and services against (a) SHERIF IBRAHIM as officers
and managers of IL BASTARDO for tortious interference, misappropriation, unjust
enrichment and wrongful conversion with the contractual relationships between plaintiff
and the store merchant defendants IL BASTARDO and (b) the store merchant
defendants for breach of contract. Each of the claims against the defendants arise out of
contracts for ATM use, license and placement with uniform provisions as to term,
obligations, insurance, default and other common provisions (the "ATM Contract) and
therefore involved a common series of transactions. Among other things, each of the
defendants'
FIVE(5)-Year ATM PLACEMENT & PROCESSING AGREEMENT which
are the subject of this action provide for an exclusive placement of an ATM machine and
for a FIVE - year term and except as otherwise alleged that
processing (5) herein,
during the term of the ATM Contract, the defendants would not permit or allow any
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defendants'
other ATM machine to be installed or used on the premises. (A Copy of
Contract"
"Notice of Material Breach of dated January 8, 2018 is annexed as Exhibit
A).
PARTIES
2. Plaintiff MARITECH ATM SOLUTIONS, LLC is a domestic corporation with its
principal place of business at 1 Pennval Road, Woodbridge, Middlesex County, New
Jersey. Plaintiff is a distributor and service provider of ATM products and services.
Plaintiff supplies ATM products and provides related technical services to a variety of
merchants and customers in the New York metropolitan area.
3. Upon information and belief Defendant IL BASTARDO was at all relevant times
hereinafter mentioned and stillis an active domestic corporation in the State of New
York.
4. Upon information and belief, Defendant SHERIF IBRAHIM was at alltimes relevant a
resident of the State of New York and at 81 times relevant is the President and Manager
and directing the affairs of IL BASTARDO.
5. Upon information and belief, Defendant SHERIF IBRAHIM is the President and
Manager of IL BASTARDO and was the signatory representing IL BASTARDO with
its contract with MARITECH ATM SOLUTIONS, LLC effective until December 5,
2022 to provide for an exclusive placement of an ATM and processing equipment for
FIVE - years and in consideration IL BASTARDO would not permit or allow
(5) any
defendants'
other ATM equipment to be installed or used on the premises.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST
DEFENDANTS IL BASTARDO AND SHERIF IBRAHIM
(TORTIOUS INTERFERENCE)
Defendants'
6. The ATMs placed in merchant stores under contract with Plaintiff are
identifiable as plaintiff's ATM.
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7. Upon information and belief Defendants IL BASTARDO and SHERIF IBRAHIM
knew or should have known that Plaintiff MARITECH SOLUTIONS, LLC had an existing
ATM Contract for a term of FIVE (5-years) with the merchant defendants.
8. Upon information and belief Defendants IL BASTARDO and SHERIF IBRAHIM
knew or should have known that or should have know that the ATM Contract require the
merchant defendants to utilize the Plaintiff's ATM on generally an exclusive basis
throughout the entire of the FIVE (5)-year contract. (See Exhibit B- exclusive ATM
copy of
Agreement).
9. Upon information and belief, notwithstanding Defendants IL BASTARDO and
SHERIF IBRAHIM knowledge of the ATM Contract between plaintiff MARITECH ATM
SOLUTIONS, LLC and the merchant defendants, defendants by means of
misrepresentations or other conduct interfering with the ATM Contract, induced the
merchant defendants to breach their ATM Contract with Plaintiff by way of offering ten
thousand dollars ($10,000.00) to replace the Plaintiff's ATMs in violation of the merchant
defendants'
ATM Contract with PlaintifE
10. Upon information and belief, after learning that disconnection or removal of the
merchants'
plaintiff's ATMs on or about December 30, 2017 was breach of the ATM
Contract, said defendants . thereafter refused to reinstall or replace plaintiffs ATMs as required
by the ATM Contract and instead installed replacement ATMs from GREEN GENIE ATM
knowing fullwell that itwas in breach of the merchants ATM contract with planting
11. Upon information and belief, but for the improper conduct of the Defendants IL
BASTARDO and SHERIF IBRAHIM in tortiously interfering with the ATM Contract
between Plaintiff MARITECH ATM SOLUTIONS, LLC and the merchant defendants
Defendants'
which the knew of and caused to be breached as aforesaid, there would not
have been a breach of said ATM Contracts between plaintiff and said merchant defendants.
Defendants'
IL BASTARDO and SHERIF IBRAHIM have therefore tortiously interfered
with Plaintiff MARITECH ATM SOLUTIONS, LLC ATM Contract.
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Defendants'
12. In addition, by reason of the foregoing, IL BASTARDO and
SHERIF IBRAHIM. tortious and wrongful conduct as aforesaid was committed
intentionally and has caused damages to Plaintiff MARITECH ATM SOLUTIONS, LLC in
the amount to be determined at trialbut believed to be in excess of FIFTY ONE Thousand
Dollars ($51,000) which is the approximate amount remaining in the balance of the ATM
Contract between the merchant defendants and the Plaintiff MARITECH ATM
SOLUTIONS, LLC which the plaintiff is entitled to but for the tortious interference of the
defendants
AS AND FOR A SECOND CAUSE OF ACTION AGAINST
DEFENDANTS IL BASTARDO and SHERIF IBRAHIM
(MISAPPROPRIATION)
"1" "12"
13. Plaintiff repeats and realleges each and every allegation in paragraphs through
inclusive.
Defendants'
14. As a result of IL BASTARDO and SHERIF IBRAHIM wrongful
conduct the Defendants have misappropriated for its own commercial advantage the
benefits to and rights of Plaintiff MARITECH ATM SOLUTIONS, LLC under the
merchant defendants ATM Contract and have misappropriated to itself the expenditure of
labor and investment totaling $10,000 by plaintiff in the placement of the ATMs with the
merchant defendants. The aforesaid misappropriation and interference with the ATM
Contract have been done by defendants intentionally, wrongfully and in bad faith.
15. By reason of the foregoing the defendants are liable to plaintiff in the amount of
$10,000 for misappropriation.
AS AND FOR A THIRD CAUSE OF ACTION AGAINST
IL BASTARDO and SHERIF IBRAHIM
(BREACH OF CONTRACT)
"1" "15"
16. .Plaintiff repeats and realleges each and every allegation in paragraphs through
inclusive.
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17. On or about December 6, 2017 Plaintiff MARITECH ATM, LLC and Defendants
IL BASTARDO and SHERIF IBRAHIM entered into a FIVE-(5-year) ATM Placement &
Processing Agreement (the "ATM Contract).
Defendants'
18. On or about December 30, 2017, IL BASTARDO and SHERIF IBRAHIM
breached said ATM Contract with Plaintiff MARITECH ATM SOLUTIONS, LLC by
ceasing to allow use of the ATM Machine placed under the Contract.
Defendants'
19. Upon information and belief, IL BASTARDO and SHERIF IBRAHIM
further breached said Contract by replacing plaintiffs ATM Machine and processing
services with another ATM processing company belonging to defendants ATM WORLD
CORP.
Defendants'
20. As a result of IL BASTARDO and SHERIF IBRAHIM breach of Contract,
plaintiff has sustained damages in the amount of $51,000.00 which is the approximate
amount remaining in the balance of the ATM Contract between the merchant defendants and
the Plaintiff IL BASTARDO and SHERIF IBRAHIM which the plaintiff is entitled to but
for the breach of defendants.
AS AND FOR A FOURTH CAUSE OF ACTION AGAINST
DEFENDANTS IL BASTARDO and SHERIF IBRAHIM
(UNJUST ENRICHMENT)
"1" "21."
21. Plaintiff repeats and realleges each and every allegation in paragraphs through
22. As a result of Defendants IL BASTARDO and SHERIF IBRAHIM wrongful conduct,
Plaintiff MARITECH ATM SOLUTIONS, LLC has lost itsexclusive right to fees transaction generated
defendants'
fees generated &om itsATM Machines at merchant stores.
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Defendants'
23. As a consequence of such wrongful conduct, IL BASTARDO and SHERIF
IBRAHIM have wrongfully reaped benefits for themselves and other fees and revenues belonging to
Plaintiff.
Defendants'
24. IL BASTARDO and SHERIF IBRAHIM have been unjustly enriched as
a result of its wrongful conduct.
25. Plaintiff MARITECH ATM SOLUTIONS, LLC is entitled to an order ( a ) directing
defendants'
IL BASTARDO and SHERIF IBRAHIM to forfeit to Plaintiff MARITEC ATM
SOLUTIONS, LLC allprofits, revenues and fees realized directly or indirectly by virtue of their
wrongful conduct; and ( b) an award of damages in an amount to be determined at trialrepresenting all
fees, revenues, and profits lost by Plaintiff MARITECH ATM SOLUTIONS, LLC by virtue of
defendants'
wrongful conduct.
AS AND FOR A FIFTH CAUSE OF ACTION AGAINST
DEFENDANTS IL BASTARDO and SHERIF IBRAHIM
(WRONGFUL CONVERSION)
"1" "25"
26. Plaintiff repeats and realleges each and every allegation in paragraphs through
inclusive.
27. That the Defendants IL BASTARDO and SHERIF IBRAHIM have wrongfully
converted Plaintiff MARITECH ATM SOLUTIONS, LLC ATM machine to their own
use and have refused to return the machine to the plaintiff.
28. That the value of the wrongfully converted plaintiffs ATM is approximately FIVE
THOUSAND DOLLARS ($5,000.00) Plaintiff is entitled to FIVE THOUSAND
DOLLARS ($5,000.00) for the value of the ATM machine.
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AS AND FOR A SIXTH CAUSE OF ACTION AGAINST
DEFENDANTS DULCE DRY CLEANERS, DULCE AZCONA and ATM WORLD CORP.
(ENFORCEMENT OF CONTRACT FOR COURT COSTS AND REASONABLE ATTORNEY
FEES)
"1"
29. Plaintiff repeats and realleges each and every allegation in paragraphs
"29"
through inclusive.
Defendants'
30. That pursuant to the ATM Contract, IL BASTARDO and SHERIF
IBRAHIM owe PLAINTIFF MARITECH ATM SOLUTIONS, LLC an amount to
be determined by the Court for reasonable attorney's fees, cost and expenses.
WHEREFORE, Plaintiff MARITECH ATM SOLUTIONS, LLC demands judgment against
'
Defendants IL BASTARDO and SHERIF IBRAHIM on the firstcause of action for tortious
interference in the sum of approximately FIFTY ONE Thousand Dollars ($51,000), with allowed
'
interest; On the second cause of action against Defendants IL BASTARDO and SHERIF IBRAHIM
for misappropriation in the sum of approximately Ten Thousand Dollars ($10,000), with allowed
Defendants'
interest; On the third cause of action against IL BASTARDO and SHERIF IBRAHIM for
breach of contract in the sum of approximately FIFTY ONE Thousand Dollars ($51,000), with allowed
Defendants'
interest; On the fourth cause of action against IL BASTARDO and SHERIF IBRAHIM
for unjust enrichment for order ( a ) directing Defendants IL BASTARDO and SHERIF IBRAHIM
to forfeit to Plaintiff MARITECH ATM SOLUTION, LLC all profits, revenues and fees realized
defendants'
directly or indirectly by virtue of IL BASTARDO and SHERIF IBRAHIM wrongful
conduct; and ( b) an award of damages in an amount to be determined at trialrepresenting allfees,
defendants'
revenues, and profits lost by Plaintiff MARITECH ATM SOLUTIONS, LLC by virtue of
Defendants'
wrongful conduct; On the fifth cause of action against IL BASTARDO and SHERIF
IBRAHIM for wrongful conversion of Plaintiff MARITECH ATM SOLUTIONS, LLC in the sum
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of approximately Five Thousand Dollars ($5,000.00) with allowed interest; On the sixth cause of action
against Defendants IL BASTARDO and SHERIF IBRAHIM a determination of the court for
reasonable attorneys fees and court costs.
Dated: January 30, 2018
ISIDRO GARBANZOS, Esq.
Garbanzos Law Firm, P.C.
Attorney(s) for Plaintiff
63rd
3916 Street
Woodside, NY 11377
Tel. (718)725-7324
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ATTORNEY VERIFICATION
INDEX NO.
STATE OF NEW YORK )
) SS:
COUNTY OF QUEENS )
ISIDRO GARBANZOS, Esq. Affirms as per CPLR, under penalty of perjury, that he isthe
attorney for the Plaintiff in the within action within his capacity as such he has read the foregoing
VERIFIED COMPLAINT.
And knows the contents thereof; that the same is true to his own knowledge, except as to those
matters therein stated to be alleged on information and belief and as to those matters he believe to be
true.
This belief is based on review of the file, attorney-client communication & document review.
This verification is made as the Law Firm of ISIDRO GARBANZOS in in a County (Queens)
and State (New York) other that where Plaintiff maintains an office (Middlesex County) and State
(New Jersey).
Dated: Janaury 30, 2018
Woodside, Queens County, New York
ISIDRO GARBANZOS, Esq,
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GARBANZOS LAW FIRM, f P.C.
~ ~ l Jennifer
Borja
jennifer Y
3916 63rd NY 11377 Fortunato*NY,CT
Christina
Street, Woodside,
lsidro'sid'Garbanzos D.C. cora chang*PA
*NY,
Phone: Fax:718.766.8147 Edgar Recto'NY,Philippines
718.725.7324|
Web: http://www.garbanzoslaw.com Emaihinfo@garbanzesiaw.com
Izos Julie Milner*NY,
CT
RN,JD.
Roberta Chambers, NY, N
"Bar Admission
By Priority Mail with Delivery Confirmation
January 8, 2018
4+1'/'." '"
IL BASTARDO g,",'
27*
544 West Street o 7
New York, NY 10001 .r i
pP~
Attn: SHERIF IBRAHIM - Principal
15- DAY
RE: NOTICE OF MATERIAL BREACH OF CONTRACT w/th
MARITECH ATM SOLUTIONS, LLC
DEMAND TO RE-CONNECT SITE ATM AT IL BASTARDO
275
located 544 West C/ Street, New York 10001
Dear Mr. IBRAHIM:
This firm represents MARITECH ATM SOLUTIONS, LLC on the above-captioned matter.
Agreement"
IL BASTARDO signed a FIVE (5) Year exclusive "ATM Placement and Processing
with MARITECH ATM SOLUTIONS, LLC on December 6, 2017.
This is to inform YOU that YOU are in material breach of the exclusive "ATM Placement and
Agreement"
Processing by shutting down and forcibly removing the site ATM on or about December
30, 2017.
UNLESS THIS BREACH IS CORRECTED ON OR BEFORE January 30, 2018 as required in the
"Agreement,"
exclusive our client MARITECH ATM SOLUTIONS, LLC will promptly initiate legal action
against you for its projected loss of FI FTY ONE THOUSAND DOLLARS ($51,000.00) and damages to
Its equipment, together with interest, attorney's fees and court costs.
Thank you for your immediate attention to this matter.
Very truly yours,
Sid Garbanzos, Esq.
Enclosure(s)
File
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MAR!T4cMT-M
Address- 1 Paonvaltoad Woodbridge
N347095 [phonenumber- rsssNABITEcK
c Site address- imw,niarttedtATM.comI
MsEto - Info@mat|techsolutfans,nat
ATM PLACEMENT
AGRjf.EMINI'
AGREEMENT
Maritech SolutionsLLC
I PennvalRoad
Woodbridge NT 07095
Name of BusinessforPlacement d ~CI o
LocationAd ess of proposed
ATM P ac ent
'+
pJ
Name of ContactPersonat Locatio. ~ /~/ T r~1 ~M
Telephone Number at ATMLoention:
BusinessOwner CellNumber 7~
Bmail Address:Ó - ~a- ss'Sa'
Q M
Manager/Emergency Number:
For the p ose of e contr Solutions
ct, Maritech shallbe referred
to as the Companyand
-A .. aball be referred
to as the Contracting
Party,
TERMS 4 CONDITIONS
1) Company willsupply ( ()ATM(s) cash dispensing
machine specified
to the location in this
contract.This contract to the discretion
is subject of the Maritech and shall
Solutions, last for of five
a period (5)
years.This contractshall
be automatically
renewed fora period
of five(5)years,unlessthecontracting
party
notifies
Company to the expiration
30 days prior date of this
odginalcontract.Company may cancel this
agreement
withoutrecourse or obligation
duringthiscontractingperiod,dueto vandalism,lackof ATMtransactions, ect., upon
30 days notice.
2) Company willpay for delivery, and aV maintenance.
installation The Company the
agrees to provide
necessaryfhads toinsurethatATM_does st run outof cash.
3) The ContractingParty shall be responsible
for providinga dedicated
telephonelinefor the Atta
or Ethemet
line.The Contracting
Party shallalso be responsible
forthe paymentof the monthlytelephonebillto support
the
transmissionofthe ATM transaction.The telephone
jack be placed
shall within2 feet of the proposed
ATM1ocation. No other to this telephone
devices may be connected lina far
(i.e,, machines or credit
card
machines). the
Additionally, site must
location provide a 110-volt
outletwithin2 feetoftheproposed ATM
location.The ContractingPartywillbe responsible
forsupplying the telephone
number to the ATMmachine to
Company fcrthe purposeof monitoringthe ATM on-line
performmce,
s
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. 4) ContractingPartyagrees that
Company has complete for
exclusivity any and all ATMplacements on this
propertyduringthiscontractingperiod.No other fbrmsof shall
cash dispersal be allowed
to compete withthis
ATM placementduringthiscontractingperiod, j
5) The ContractingPattyagrees to provide
reasonable for
security the ATM providedby Company at the
locationlisted
above, The ContractingPartyagrees that the ATM
provided by Company shall remain
at the location
listedin this contract
duringthis period.
contracting
6) The ContractingPartyshallprovideCompany and its representatives
access to the ATMduringnormal
businesshours for normal
maintenance and inspection.
7) Company shallbeheldharmless from legal
any potential disputesfrom this placement
8) ContractingPartyagrees to provide
Company adequateIocationsforplacement banners and
of outside
signage, The placementof bannersand signage shall be in accordance
withany localordinances,Company shall
approve the proposedATM location The
to delivery.
prior ContractingPartyagrees toprovideadequatelocations
forinsideATM signs.
9) In the event the Business
is sold (change of
ownership),the new owner will "as is" for
assume the contract
terms.
the rernaining Merchant willdisclosetermsof the agreement
to new ownership guarantees
and personally
fullobligationunderthis
contract This agreement shall be in effect
untilabove mentionedtime periodirrespective
of theownership or management change.
Agreed to by AgeotforContractingParty:
sher it Ibrahi m
PrintName:
Signature:
Preview
FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX NO. 650544/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK Index No. MARITECH ATM SOLUTIONS, LLC Plaintiff designates New York County as the Plaintiff place of trial The basis of the venue isCPLR 503 (Defendants reside in New York County) SUMMONS vs. IL BASTARDO, SHERIF IBRAHIM Defendant(s) To the above named Defendant(s): YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorneys a verified answer to the verified complaint in thisaction within twenty days añer the service of this summons, exclusive of the day of service, or within thirty days after service is complete ifthis 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 reliefdemanded in the complaint. Dated: January 31, 2018 "Sid" Isidro Garbanzos, Esq. Garbanzos Law Firm, P.C. Attorneys for Plaintiff 696 3805 Street Woodside, NY 11377 Tel.(718)725-7324 Trial is desired in The basis of venue designated above is CPLR 503 Defendants' Addresses: IL BASTARDO SHERIF IBRAHIM 27* 27* 544 West Street 544 West Street New York, NY 10001 New York, NY 10001 1 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX NO. 650544/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 NE%' STATE OF NEW Y ORK SUPREME COURT COUNTY OF NEW YORK MARITECH ATM SOLUTIONS, LLC VERIFIED COMPLAlNT Plaintiff Index No: [ ] vs. IL BASTARDO, SHERIF IBRAHIM Defendant(s) Plaintiff, MARITECH ATM SOLUTIONS, LLC by and through her attorneys, GARBANZOS LAW FIRM, P.C. as and for a Verified Complaint against the defendant alleges that at all times hereinafter mentioned: PRELIMINARY STATEMENT 1. This is an action for damages and other relief by plaintiff, MARITECH ATM SOLUTIONS, LLC, ("MARITECH ATM") a provider of automated teller machine defendants' ("ATM") products and services against (a) SHERIF IBRAHIM as officers and managers of IL BASTARDO for tortious interference, misappropriation, unjust enrichment and wrongful conversion with the contractual relationships between plaintiff and the store merchant defendants IL BASTARDO and (b) the store merchant defendants for breach of contract. Each of the claims against the defendants arise out of contracts for ATM use, license and placement with uniform provisions as to term, obligations, insurance, default and other common provisions (the "ATM Contract) and therefore involved a common series of transactions. Among other things, each of the defendants' FIVE(5)-Year ATM PLACEMENT & PROCESSING AGREEMENT which are the subject of this action provide for an exclusive placement of an ATM machine and for a FIVE - year term and except as otherwise alleged that processing (5) herein, during the term of the ATM Contract, the defendants would not permit or allow any 2 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX NO. 650544/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 defendants' other ATM machine to be installed or used on the premises. (A Copy of Contract" "Notice of Material Breach of dated January 8, 2018 is annexed as Exhibit A). PARTIES 2. Plaintiff MARITECH ATM SOLUTIONS, LLC is a domestic corporation with its principal place of business at 1 Pennval Road, Woodbridge, Middlesex County, New Jersey. Plaintiff is a distributor and service provider of ATM products and services. Plaintiff supplies ATM products and provides related technical services to a variety of merchants and customers in the New York metropolitan area. 3. Upon information and belief Defendant IL BASTARDO was at all relevant times hereinafter mentioned and stillis an active domestic corporation in the State of New York. 4. Upon information and belief, Defendant SHERIF IBRAHIM was at alltimes relevant a resident of the State of New York and at 81 times relevant is the President and Manager and directing the affairs of IL BASTARDO. 5. Upon information and belief, Defendant SHERIF IBRAHIM is the President and Manager of IL BASTARDO and was the signatory representing IL BASTARDO with its contract with MARITECH ATM SOLUTIONS, LLC effective until December 5, 2022 to provide for an exclusive placement of an ATM and processing equipment for FIVE - years and in consideration IL BASTARDO would not permit or allow (5) any defendants' other ATM equipment to be installed or used on the premises. AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS IL BASTARDO AND SHERIF IBRAHIM (TORTIOUS INTERFERENCE) Defendants' 6. The ATMs placed in merchant stores under contract with Plaintiff are identifiable as plaintiff's ATM. 3 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX NO. 650544/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 7. Upon information and belief Defendants IL BASTARDO and SHERIF IBRAHIM knew or should have known that Plaintiff MARITECH SOLUTIONS, LLC had an existing ATM Contract for a term of FIVE (5-years) with the merchant defendants. 8. Upon information and belief Defendants IL BASTARDO and SHERIF IBRAHIM knew or should have known that or should have know that the ATM Contract require the merchant defendants to utilize the Plaintiff's ATM on generally an exclusive basis throughout the entire of the FIVE (5)-year contract. (See Exhibit B- exclusive ATM copy of Agreement). 9. Upon information and belief, notwithstanding Defendants IL BASTARDO and SHERIF IBRAHIM knowledge of the ATM Contract between plaintiff MARITECH ATM SOLUTIONS, LLC and the merchant defendants, defendants by means of misrepresentations or other conduct interfering with the ATM Contract, induced the merchant defendants to breach their ATM Contract with Plaintiff by way of offering ten thousand dollars ($10,000.00) to replace the Plaintiff's ATMs in violation of the merchant defendants' ATM Contract with PlaintifE 10. Upon information and belief, after learning that disconnection or removal of the merchants' plaintiff's ATMs on or about December 30, 2017 was breach of the ATM Contract, said defendants . thereafter refused to reinstall or replace plaintiffs ATMs as required by the ATM Contract and instead installed replacement ATMs from GREEN GENIE ATM knowing fullwell that itwas in breach of the merchants ATM contract with planting 11. Upon information and belief, but for the improper conduct of the Defendants IL BASTARDO and SHERIF IBRAHIM in tortiously interfering with the ATM Contract between Plaintiff MARITECH ATM SOLUTIONS, LLC and the merchant defendants Defendants' which the knew of and caused to be breached as aforesaid, there would not have been a breach of said ATM Contracts between plaintiff and said merchant defendants. Defendants' IL BASTARDO and SHERIF IBRAHIM have therefore tortiously interfered with Plaintiff MARITECH ATM SOLUTIONS, LLC ATM Contract. 4 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX NO. 650544/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 Defendants' 12. In addition, by reason of the foregoing, IL BASTARDO and SHERIF IBRAHIM. tortious and wrongful conduct as aforesaid was committed intentionally and has caused damages to Plaintiff MARITECH ATM SOLUTIONS, LLC in the amount to be determined at trialbut believed to be in excess of FIFTY ONE Thousand Dollars ($51,000) which is the approximate amount remaining in the balance of the ATM Contract between the merchant defendants and the Plaintiff MARITECH ATM SOLUTIONS, LLC which the plaintiff is entitled to but for the tortious interference of the defendants AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANTS IL BASTARDO and SHERIF IBRAHIM (MISAPPROPRIATION) "1" "12" 13. Plaintiff repeats and realleges each and every allegation in paragraphs through inclusive. Defendants' 14. As a result of IL BASTARDO and SHERIF IBRAHIM wrongful conduct the Defendants have misappropriated for its own commercial advantage the benefits to and rights of Plaintiff MARITECH ATM SOLUTIONS, LLC under the merchant defendants ATM Contract and have misappropriated to itself the expenditure of labor and investment totaling $10,000 by plaintiff in the placement of the ATMs with the merchant defendants. The aforesaid misappropriation and interference with the ATM Contract have been done by defendants intentionally, wrongfully and in bad faith. 15. By reason of the foregoing the defendants are liable to plaintiff in the amount of $10,000 for misappropriation. AS AND FOR A THIRD CAUSE OF ACTION AGAINST IL BASTARDO and SHERIF IBRAHIM (BREACH OF CONTRACT) "1" "15" 16. .Plaintiff repeats and realleges each and every allegation in paragraphs through inclusive. 5 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX NO. 650544/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 17. On or about December 6, 2017 Plaintiff MARITECH ATM, LLC and Defendants IL BASTARDO and SHERIF IBRAHIM entered into a FIVE-(5-year) ATM Placement & Processing Agreement (the "ATM Contract). Defendants' 18. On or about December 30, 2017, IL BASTARDO and SHERIF IBRAHIM breached said ATM Contract with Plaintiff MARITECH ATM SOLUTIONS, LLC by ceasing to allow use of the ATM Machine placed under the Contract. Defendants' 19. Upon information and belief, IL BASTARDO and SHERIF IBRAHIM further breached said Contract by replacing plaintiffs ATM Machine and processing services with another ATM processing company belonging to defendants ATM WORLD CORP. Defendants' 20. As a result of IL BASTARDO and SHERIF IBRAHIM breach of Contract, plaintiff has sustained damages in the amount of $51,000.00 which is the approximate amount remaining in the balance of the ATM Contract between the merchant defendants and the Plaintiff IL BASTARDO and SHERIF IBRAHIM which the plaintiff is entitled to but for the breach of defendants. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST DEFENDANTS IL BASTARDO and SHERIF IBRAHIM (UNJUST ENRICHMENT) "1" "21." 21. Plaintiff repeats and realleges each and every allegation in paragraphs through 22. As a result of Defendants IL BASTARDO and SHERIF IBRAHIM wrongful conduct, Plaintiff MARITECH ATM SOLUTIONS, LLC has lost itsexclusive right to fees transaction generated defendants' fees generated &om itsATM Machines at merchant stores. 6 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX NO. 650544/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 Defendants' 23. As a consequence of such wrongful conduct, IL BASTARDO and SHERIF IBRAHIM have wrongfully reaped benefits for themselves and other fees and revenues belonging to Plaintiff. Defendants' 24. IL BASTARDO and SHERIF IBRAHIM have been unjustly enriched as a result of its wrongful conduct. 25. Plaintiff MARITECH ATM SOLUTIONS, LLC is entitled to an order ( a ) directing defendants' IL BASTARDO and SHERIF IBRAHIM to forfeit to Plaintiff MARITEC ATM SOLUTIONS, LLC allprofits, revenues and fees realized directly or indirectly by virtue of their wrongful conduct; and ( b) an award of damages in an amount to be determined at trialrepresenting all fees, revenues, and profits lost by Plaintiff MARITECH ATM SOLUTIONS, LLC by virtue of defendants' wrongful conduct. AS AND FOR A FIFTH CAUSE OF ACTION AGAINST DEFENDANTS IL BASTARDO and SHERIF IBRAHIM (WRONGFUL CONVERSION) "1" "25" 26. Plaintiff repeats and realleges each and every allegation in paragraphs through inclusive. 27. That the Defendants IL BASTARDO and SHERIF IBRAHIM have wrongfully converted Plaintiff MARITECH ATM SOLUTIONS, LLC ATM machine to their own use and have refused to return the machine to the plaintiff. 28. That the value of the wrongfully converted plaintiffs ATM is approximately FIVE THOUSAND DOLLARS ($5,000.00) Plaintiff is entitled to FIVE THOUSAND DOLLARS ($5,000.00) for the value of the ATM machine. 7 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX NO. 650544/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 AS AND FOR A SIXTH CAUSE OF ACTION AGAINST DEFENDANTS DULCE DRY CLEANERS, DULCE AZCONA and ATM WORLD CORP. (ENFORCEMENT OF CONTRACT FOR COURT COSTS AND REASONABLE ATTORNEY FEES) "1" 29. Plaintiff repeats and realleges each and every allegation in paragraphs "29" through inclusive. Defendants' 30. That pursuant to the ATM Contract, IL BASTARDO and SHERIF IBRAHIM owe PLAINTIFF MARITECH ATM SOLUTIONS, LLC an amount to be determined by the Court for reasonable attorney's fees, cost and expenses. WHEREFORE, Plaintiff MARITECH ATM SOLUTIONS, LLC demands judgment against ' Defendants IL BASTARDO and SHERIF IBRAHIM on the firstcause of action for tortious interference in the sum of approximately FIFTY ONE Thousand Dollars ($51,000), with allowed ' interest; On the second cause of action against Defendants IL BASTARDO and SHERIF IBRAHIM for misappropriation in the sum of approximately Ten Thousand Dollars ($10,000), with allowed Defendants' interest; On the third cause of action against IL BASTARDO and SHERIF IBRAHIM for breach of contract in the sum of approximately FIFTY ONE Thousand Dollars ($51,000), with allowed Defendants' interest; On the fourth cause of action against IL BASTARDO and SHERIF IBRAHIM for unjust enrichment for order ( a ) directing Defendants IL BASTARDO and SHERIF IBRAHIM to forfeit to Plaintiff MARITECH ATM SOLUTION, LLC all profits, revenues and fees realized defendants' directly or indirectly by virtue of IL BASTARDO and SHERIF IBRAHIM wrongful conduct; and ( b) an award of damages in an amount to be determined at trialrepresenting allfees, defendants' revenues, and profits lost by Plaintiff MARITECH ATM SOLUTIONS, LLC by virtue of Defendants' wrongful conduct; On the fifth cause of action against IL BASTARDO and SHERIF IBRAHIM for wrongful conversion of Plaintiff MARITECH ATM SOLUTIONS, LLC in the sum 8 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX NO. 650544/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 of approximately Five Thousand Dollars ($5,000.00) with allowed interest; On the sixth cause of action against Defendants IL BASTARDO and SHERIF IBRAHIM a determination of the court for reasonable attorneys fees and court costs. Dated: January 30, 2018 ISIDRO GARBANZOS, Esq. Garbanzos Law Firm, P.C. Attorney(s) for Plaintiff 63rd 3916 Street Woodside, NY 11377 Tel. (718)725-7324 9 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX NO. 650544/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 ATTORNEY VERIFICATION INDEX NO. STATE OF NEW YORK ) ) SS: COUNTY OF QUEENS ) ISIDRO GARBANZOS, Esq. Affirms as per CPLR, under penalty of perjury, that he isthe attorney for the Plaintiff in the within action within his capacity as such he has read the foregoing VERIFIED COMPLAINT. And knows the contents thereof; that the same is true to his own knowledge, except as to those matters therein stated to be alleged on information and belief and as to those matters he believe to be true. This belief is based on review of the file, attorney-client communication & document review. This verification is made as the Law Firm of ISIDRO GARBANZOS in in a County (Queens) and State (New York) other that where Plaintiff maintains an office (Middlesex County) and State (New Jersey). Dated: Janaury 30, 2018 Woodside, Queens County, New York ISIDRO GARBANZOS, Esq, 10 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX NO. 650544/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 11 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX t NO. 650544/2018 NYSCEF DOC. NO. 1 RECEIVED ' NYSCEF: 02/02/2018 GARBANZOS LAW FIRM, f P.C. ~ ~ l Jennifer Borja jennifer Y 3916 63rd NY 11377 Fortunato*NY,CT Christina Street, Woodside, lsidro'sid'Garbanzos D.C. cora chang*PA *NY, Phone: Fax:718.766.8147 Edgar Recto'NY,Philippines 718.725.7324| Web: http://www.garbanzoslaw.com Emaihinfo@garbanzesiaw.com Izos Julie Milner*NY, CT RN,JD. Roberta Chambers, NY, N "Bar Admission By Priority Mail with Delivery Confirmation January 8, 2018 4+1'/'." '" IL BASTARDO g,",' 27* 544 West Street o 7 New York, NY 10001 .r i pP~ Attn: SHERIF IBRAHIM - Principal 15- DAY RE: NOTICE OF MATERIAL BREACH OF CONTRACT w/th MARITECH ATM SOLUTIONS, LLC DEMAND TO RE-CONNECT SITE ATM AT IL BASTARDO 275 located 544 West C/ Street, New York 10001 Dear Mr. IBRAHIM: This firm represents MARITECH ATM SOLUTIONS, LLC on the above-captioned matter. Agreement" IL BASTARDO signed a FIVE (5) Year exclusive "ATM Placement and Processing with MARITECH ATM SOLUTIONS, LLC on December 6, 2017. This is to inform YOU that YOU are in material breach of the exclusive "ATM Placement and Agreement" Processing by shutting down and forcibly removing the site ATM on or about December 30, 2017. UNLESS THIS BREACH IS CORRECTED ON OR BEFORE January 30, 2018 as required in the "Agreement," exclusive our client MARITECH ATM SOLUTIONS, LLC will promptly initiate legal action against you for its projected loss of FI FTY ONE THOUSAND DOLLARS ($51,000.00) and damages to Its equipment, together with interest, attorney's fees and court costs. Thank you for your immediate attention to this matter. Very truly yours, Sid Garbanzos, Esq. Enclosure(s) File 12 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX NO. 650544/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 13 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX NO. 650544/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 MAR!T4cMT-M Address- 1 Paonvaltoad Woodbridge N347095 [phonenumber- rsssNABITEcK c Site address- imw,niarttedtATM.comI MsEto - Info@mat|techsolutfans,nat ATM PLACEMENT AGRjf.EMINI' AGREEMENT Maritech SolutionsLLC I PennvalRoad Woodbridge NT 07095 Name of BusinessforPlacement d ~CI o LocationAd ess of proposed ATM P ac ent '+ pJ Name of ContactPersonat Locatio. ~ /~/ T r~1 ~M Telephone Number at ATMLoention: BusinessOwner CellNumber 7~ Bmail Address:Ó - ~a- ss'Sa' Q M Manager/Emergency Number: For the p ose of e contr Solutions ct, Maritech shallbe referred to as the Companyand -A .. aball be referred to as the Contracting Party, TERMS 4 CONDITIONS 1) Company willsupply ( ()ATM(s) cash dispensing machine specified to the location in this contract.This contract to the discretion is subject of the Maritech and shall Solutions, last for of five a period (5) years.This contractshall be automatically renewed fora period of five(5)years,unlessthecontracting party notifies Company to the expiration 30 days prior date of this odginalcontract.Company may cancel this agreement withoutrecourse or obligation duringthiscontractingperiod,dueto vandalism,lackof ATMtransactions, ect., upon 30 days notice. 2) Company willpay for delivery, and aV maintenance. installation The Company the agrees to provide necessaryfhads toinsurethatATM_does st run outof cash. 3) The ContractingParty shall be responsible for providinga dedicated telephonelinefor the Atta or Ethemet line.The Contracting Party shallalso be responsible forthe paymentof the monthlytelephonebillto support the transmissionofthe ATM transaction.The telephone jack be placed shall within2 feet of the proposed ATM1ocation. No other to this telephone devices may be connected lina far (i.e,, machines or credit card machines). the Additionally, site must location provide a 110-volt outletwithin2 feetoftheproposed ATM location.The ContractingPartywillbe responsible forsupplying the telephone number to the ATMmachine to Company fcrthe purposeof monitoringthe ATM on-line performmce, s 14 of 15 FILED: NEW YORK COUNTY CLERK 02/02/2018 05:06 PM INDEX NO. 650544/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 . 4) ContractingPartyagrees that Company has complete for exclusivity any and all ATMplacements on this propertyduringthiscontractingperiod.No other fbrmsof shall cash dispersal be allowed to compete withthis ATM placementduringthiscontractingperiod, j 5) The ContractingPattyagrees to provide reasonable for security the ATM providedby Company at the locationlisted above, The ContractingPartyagrees that the ATM provided by Company shall remain at the location listedin this contract duringthis period. contracting 6) The ContractingPartyshallprovideCompany and its representatives access to the ATMduringnormal businesshours for normal maintenance and inspection. 7) Company shallbeheldharmless from legal any potential disputesfrom this placement 8) ContractingPartyagrees to provide Company adequateIocationsforplacement banners and of outside signage, The placementof bannersand signage shall be in accordance withany localordinances,Company shall approve the proposedATM location The to delivery. prior ContractingPartyagrees toprovideadequatelocations forinsideATM signs. 9) In the event the Business is sold (change of ownership),the new owner will "as is" for assume the contract terms. the rernaining Merchant willdisclosetermsof the agreement to new ownership guarantees and personally fullobligationunderthis contract This agreement shall be in effect untilabove mentionedtime periodirrespective of theownership or management change. Agreed to by AgeotforContractingParty: sher it Ibrahi m PrintName: Signature: