Preview
FILED: ONONDAGA COUNTY CLERK 12/23/2020 09:45 AM INDEX NO. 008763/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020
SUPI^ME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
RICCELLI TRUCKING,INC.,
Plaintiff,
VS. SUMMONS
Index No.
RJl No.
PROPERTY MANAGEMENT SERVICES,LLC and
KEN REGISTER
Defendants.
Basis of venue is residence of Plaintiff.
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the attached Complaint in this action and to serve
a copy of your answer within twenty (20)days of personal delivery of this Summons on you within the State of
New York, or within thirty (30) days if this Summons is not personally delivered to you within the State of New
York. Should you fail to appear or answer,judgment will be taken agaip^t you by default for the relief
demanded in the Complaint.
DATED: December 22, 2020
FREDERiqg/J. MICALE,ESQ.
Attorney for the Plaintiffs
Office and P.O. Address
P.O. Box 2096
Syracuse, New York 13220
Defendant's Address:
314 Buffalo Road
Rochester, New York 14611
DOS Service of Process:
Property Management Services, LLC
2201 Teall Ave.,
Syracuse, New York 13206
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
RICCELLI TRUCKING,INC.
Plaintiff,
VERIFIED
vs. COMPLAINT
Index No.
PROPERTY MANAGEMENT SERVICES,LLC AND
KEN REGISTER RJI No.
Defendants.
Riccelli Trucking, Inc., the Plaintiff herein, complaining ofthe Defendants, by its
attorney, Frederick J. Micale, Esq., respectfully allege as follows:
1. That at all times hereinafter mentioned, the Plaintiff was, and still is, a
corporation duly organized and validly existing under the laws ofthe State of New York
having at the commencement ofthis action its principal office located at 6201 East Tafl
Road in the Town of Cicero, County of Onondaga and State of New York.
2. That upon information and belief, at all times hereinafter mentioned,the
Defendant Property Management Services, Inc.("Defendant Property") was and still is a
limited liability company duly organized and validly existing under the laws ofthe State
of New York having at the commencement of this action a place of business located at
314 Buffalo Road, Rochester, New York 14611.
3. That upon information and belief, at all times hereinafter mentioned, the
Defendant Ken Register is a natural person and individual("Defendant Register") having
at the commencement of this action a place of business located at 314 Buffalo Road,
Rochester, New York 14611.
AS AND FOR A FIRST CAUSE OFACTION
4. Plaintiff repeats and realleges the allegations set forth in Paragraphs 1
through and 3 of this Complaint with the same force and effect as if more fully pleaded
herein.
5. Plaintiff provided Defendant Property with certain transportation,
disposal of construction debris and related services for which Defendant Property agreed
to pay Plaintiff.
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6. Plaintiff invoiced Defendant Property for said services by written invoices
which are specifically identified on the Customer Open Balance ("Statement of
Account") which is attached hereto and made a part hereof marked Exhibit "A".
7. Although due demand for payment of said invoices identified on Exhibit
A was made by Plaintiff to Defendant Property, Defendant Property has failed and
refused to pay for the same.
8. By reason thereof, the sum of Two Thousand Six Hundred Ninety-Two
and 25/100 Dollars($2,692.25) became due and payable by Defendant Property to
Plaintiff, but no part thereof has been paid although due demand therefore has been made.
AS AND FOR A SECOND CAUSE OFACTION
9. Plaintiff repeats and realleges the allegations set forth in Paragraphs 1
through and 8 of this Complaint with the same force and effect as if more fully pleaded
herein.
10 As a result of the presentation of the Statement of Account set forth on
Exhibit "A", an account was stated between Plaintiff and Defendant Property; Defendant
Property never objected to or disputed said Statement of Account and agreed to pay the
invoiced amounts identified therein; and upon such Statement, a balance of Two
Thousand Six Hundred Ninety-Two and 25/100 Dollars($2,692.25) was found to be due
from the Defendant Property to the Plaintiff.
11. No part of the amount due by Defendant Property to Plaintiff has been
paid and there is now due from the Defendant Property to the Plaintiff the sum of Two
Thousand Six Hundred Ninety-Two and 25/100 Dollars ($2,692.25) with interest thereon
from the respective dates ofthe invoices which are identified on Exhibit "A" to the date
of this complaint and continuing, pursuant to said account.
AS AND FOR A THIRD CAUSE OFACTION
12. Plaintiff repeats and realleges the allegations set forth in Paragraphs 1
through and 11 ofthis Complaint with the same force and effect as if more fully pleaded
herein.
13. As a result ofthe presentation of the Statement of Account set forth on
Exhibit "A",an account subject to the provisions of New York Civil Practice Law and
Rules 3016(f) was stated between Plaintiff and Defendant Property; Defendant Property
never objected to or disputed said invoices and agreed to pay the invoiced amount; and
upon such statement, a balance ofTwo Thousand Six Hundred Ninety-Two and 25/100
Dollars($2,692.25) was found to be due from the Defendant Property to the Plaintiff.
14. No part ofthe amount due has been paid and there is now due from the
Defendant Property to the Plaintiff the sum of Two Thousand Six Hundred Ninety-Two
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and 25/100 Dollars ($2,692.25) with interest thereon from the respective dates of the
invoices which are identified on Exhibit "A" to the date of this complaint and continuing,
pursuant to said account.
ASANDFORA FOURTH CAUSE OFACTION
15. Plaintiff repeats and realleges the allegations set forth in Paragraphs 1
through and 14 of this Complaint with the same force and effect as if more fully pleaded
herein.
16. Defendant Register agreed under the Credit Application dated June 25,
2020 made by Defendant Property to Plaintiff, which Credit Application is attached
hereto as Exhibit "B", agreed to be personally liable,jointly and severally, with
Defendant Property, as guarantor, for the payment of all indebtedness and liabilities
which Defendant Property owes Plaintiff.
17. By reason thereof, the sum of Two Thousand Six Hundred Ninety-Two
and 25/100 Dollars ($2,692.25) became due and payable by Defendant Register,
individually, to Plaintiff, but no part thereof has been paid although due demand therefore
has been made.
WHEREFORE,Plaintiff demands judgment against the each of the Defendants,
jointly and severally, on each of the aforementioned causes of action in the amount of
Two Thousand Six Hundred Ninety Two and 25/100 Dollars($2,692.25) together with
interest, costs, and disbursements as provided by law and such other relief as the Court
shall deem just and appropriate.
Dated: December 22, 2020
Frederick
P.O. Box 2096
Syracuse, New York 13220
(315)256-4382
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VERIFICATION
STATE OF NEW YORK
COUNTY OF ONONDAGA ss.:
Lucille Nicholson, being duly sworn deposes and says that she is the President of
Plaintiff in this action, and that the foregoing complaint is true to her own knowledge,
except as to matters stated tp be alleged upon information and belief and as to those
matters she believes to be true.
.UCILLE NICHOLSON
Sworn before me this
day of December 2020.
FREDERICK J MICALE
NOTARY PUBLIC STATE OF NEW YORK
ONONDAGA COUNTY
UC.#p2MI607a642
COMM.EXP. 3HI2,*
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EXHIBIT "A"
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10:48 AM RICCELLI TRUCKING INC NYS CERTIFIED WBE 11894
12/22/20 Customer Open Balance
Accrual Basis All Transactions
Type Date Num Due Date Open Balance Amount
PROPERTY MANAGEMENT CONST. SERVICES
1139 MAIDEN LN â– ROCHESTER, NY
Invoice 06/27/2020 114322 07/27/2020 864.11 864.11
Total1139 MAIDEN LN - ROCHESTER. NY 864.11 864.11
191 MELVILLE ST â– ROCHESTER, NY
Invoice 07/25/2020 115028 08/24/2020 54.00 54.00
Invoice 09/12/2020 116072 10/12/2020 699.32 699.32
Total 191 MELVILLE ST - ROCHESTER. NY 753.32 753.32
820 CHILI AVE â– ROCHESTER, NY
Invoice 09/05/2020 115855 10/05/2020 108.00 108.00
Invoice 09/12/2020 116113 10/12/2020 966.82 966.82
Totai 820 CHILI AVE - ROCHESTER, NY 1,074.82 1,074.82
Totai PROPERTY MANAGEMENT CONST. SERVICES 2,692.25 2.692.25
TOTAL 2,692.25 2,692.25
tr Page 1
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EXHIBIT "B"
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RICCELLY
TRUCK i N_G
TRUCKING AT ITS BESTI
CREDIT APPLICATION
Legal Status: Corporation Partnership Sole Proprietorship
Year Business Started
ý p
/ C Estimated Annual Sales / h
Your Business -
Name and Address: Phone (df) f3|p SSD
n e.r vuvLX
g½nay Fax ( ___)
- Pf
Cell (_) 7 70- fNh
) E-mail Address: Koggâkr /c/
Web Site Address
Name of Officers. Partners, or Proprietor:
Title:
3. --- Title:
Social Security # / FederalLD¯# 7
Credit Line Requested $:
Du you require a purchase order? . (Ifso,you must provide a P.O. # at timeof purchase)
Sales Tax: 1. Unless you provide Riccelli Trucking, Inc with an epplicable and appropriate salestax exemption
certificateor other proof of salestax exempuon :ëi:fe±ry to us,we may billyou forthe salestax applicable in
your jadsruction whén you are billedfor our services.Unless you are an exempt entity,i.e.,[anagency or
instrurucñtalityof New York State],you will need to give us a separateexempticra certificatefor each different
project on which you have us work. Ifwe billyou for thetax, you willpay itwhen you pay our billfor
Services.
Con adantial
Information:Riccelli
Trucking,Inc
PO Box 6401, Syracuse, New
York 13217 • ph: 315.701.0002 • www.riccollitrucking.com
• fax: 315.458.9690
, NYS WBE Certified#11894
https://ny.newnycontracts.com
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RICOELLr
TBUCKINQ
TRUCKING ATITS BEST!
Terms and conditions ofsale: The undersigned agrees to pay for all billing according to the terms of the creditor which are
"NET 30 PAYS* fh)m the date ofInvoice. In the event that payment Is not made within 30 days of the date of invoice interest
will be imposed on the invoice balance at the Annual Interest Rate of 18% and added to the amount due. No terms or
conditions of purchase orders different from the terms ofcreditor will become part ofany sales agreement, purchase order,or
other document unless speclflcally approved in writing by creditor. On request,the undersigned agrees that the continued
solvency ofthe undersigned Is a precondition to any sale made by creditor.
The undersigned agrees to provide the creditor with a statement representing that the undersigned is and remains solvent
The undersigned acknowledges and agrees that the creditor may utilize outside credit reporting services to obtain information
on the undersigned.The laws in the state where the material and/or service is actually sold or performed shall be applicable to
ail suits arising under any agreement between the undersigned and the creditor. In the event that Riccelli Trucking,
Inc,('R!ccel1i*) is required to take action,in its sole discretion,to enforce the collection of payment ofany invoice or payment
due by the applicant, the applicant shall be liable for all collection fees,including reasonable attorney's fees and costs for such
action whether formal legal action is commenced or not
In the event that Applicant's payment ofany invoice issued by Riccelli to Applicant is not made when due,then Riccelli may
charge Applicant's credit card provided Applicant authorizes such charges by completing and signing the Credit Card
Recurring Payment Authorization Form attached to this Credit Application.
The person signing this application certifies that all of the information contained in this application,and any attachment is true
and correct to the best of their information, knowledge and belief. Applicant's submitting this application for the purpose of
obtaining credit, hereby authorizes Riccelli Trucking,Inc to contact the above references to obtain any information pertaining
to the applicant's credit worthiness.
Any notices required by this Application shall be in writing and either personally delivered orsent by confirmed telefax,e-mail,
express courier or by certified mail return receipt requested to such party at its address specified on the first page ofthis
Application or to such other address as such party may designate by notice given In accordance herewith.Such notices shall be
deemed to have been given on the date personally delivered or date sent by confirmed telefax,e-mail,express courier or
certified mall.
To induce creditor to extend credit to applicant,if applicant is a corporation,Limited Liability Company or Partnership,or
agent ofthe applicant,the undersigned hereby agrees that by execution of this credit application on behalfof the applicant,
he/she or they are personally liable,jointly and severely with the applicant,as goarantor(5)for the payment ofall indebtedness
and liabilities which the applicant owes to creditor; demand for payment and notice of Indebtedness and default are expressly
waived.
Applicants Signaturc^j^
/J^o be signeiby duly appox^d officer ofcompany)
Title:
J^/h Date: _ lo
Conlidenttallnformation: Riccelli Trucking,Inc
PC)Box 6401,Syracuse,New York 13217•ph:315.701.Q002•fax; 315.458.9690«www.ricoellitruckine.com
NYSWiEG0rtified#11884
https://ny.newnycontracts.com
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ICCELLr
RUCKING
2.Ifwe bill and collect sales tax from you onTtraSaction yoiffelleve is not taxable, you may seek a refund
from the appropriate taxing authorities [e.g., the Department ofTaxation and Finance in New York State].
3.If we do not collect sales tax and our transactions with you are later detennined to be taxable, we will bill you
for the sales tax we should have collected, and you will pay it to us.[New York Tax Law Section 1133(a)].
Reference Information;
Bank Name â– PhdSl. .P)/{nlC^
Address: City State
Zip
Contact: Phone #: )
Trade References: CAfSliated companies cannot he considered as a trade reference.)
1.
Address: _ \oS^ City State
Phone #:{31^ Tblf 7 Fax ^(required):(^/^) 7^^" c3.^
2. Name:
Address: City State
Zip
Phone #:(_^) .Fax #(required):( )
3. Nacde:
Address: City- state
Phone #:( ) Fax#(required):(_ )
Confidential Information; Rtccelli Trucking,Inc
PO Box d40Ij Syracuse,New York 132l7 « pb:315J01.00p2•fex:3li458.9690«www.rlccellitrucklng.cDm
NYSWBE Certified #11894
https://ny.hewnycontracts.com
=• V"* I
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RECCELLZ TRUCKING, ZNC.
6201 EAST TAFT ROAD
NORTH SYRACUSE, NEW YORK 13212
Credit Card Recurring Payment Authorization Form
).t .Q#l)(NAME OF ACCOUNT) hereby sthct.-.s regularlyscheduled
cIlarges theVIsa, MasterCard, American Expressor Discover cardlistedbelow forany and all
payments due to Riccelli
Trucking, Inc.("Riccelll").
-.. . -- .. .. (NAME OF ACCOUNT willbe
charged each period
billing for thetotalamount due TO Riccelli
forthatperiod.A niceiptwllibe
emalled to you and the charge willappear on your creditcardstatement.
agrees thatno prior-notification
willbe provided.
Please contplate the information below:
authorizeon behalf of
tech e IIstedbelow forany payment of due by (NAME OF
Address f-f- a
Billing ) h Phone#
City,State,Zip D C3A Email
Account Type: a lesterCard O Amex Discover
Cardholder Name 6tM PfMÑ ÛÛYlStY7 )†l .
Account Number .2.31f7 B ///// .
. ExpirationDate
Onf (3 number
digit on b c s MC, 4 digitson frontof AMEX)
M W (NAME OF ACCOUNT)
DATE o 2
. E )is7s6 . . charggtitecredit
card Indicated
In this
a i i e a si on A
fell weekend or
heidavN M tie enscuted on tlie next
day . ;c;§§GG . a this suthorizationwill inmain in effect
: aW.2 R agrees to Ricoolllin Writingof
Wetout af .16d stortotheiÃext date.I thât
ndchndtiled Iâyrdents with my credit card cornpany
nthb au .
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