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  • Riccelli Trucking, Inc. v. Property Management Services, Llc, Ken RegisterCommercial - Contract document preview
  • Riccelli Trucking, Inc. v. Property Management Services, Llc, Ken RegisterCommercial - Contract document preview
  • Riccelli Trucking, Inc. v. Property Management Services, Llc, Ken RegisterCommercial - Contract document preview
  • Riccelli Trucking, Inc. v. Property Management Services, Llc, Ken RegisterCommercial - Contract document preview
						
                                

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 1 of 12 FILED: ONONDAGA COUNTY CLERK 12/23/2020 09:45 AM INDEX NO. 008763/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 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. 2 of 12 FILED: ONONDAGA COUNTY CLERK 12/23/2020 09:45 AM INDEX NO. 008763/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 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 3 of 12 FILED: ONONDAGA COUNTY CLERK 12/23/2020 09:45 AM INDEX NO. 008763/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 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 4 of 12 FILED: ONONDAGA COUNTY CLERK 12/23/2020 09:45 AM INDEX NO. 008763/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 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,* 5 of 12 FILED: ONONDAGA COUNTY CLERK 12/23/2020 09:45 AM INDEX NO. 008763/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 EXHIBIT "A" 6 of 12 FILED: ONONDAGA COUNTY CLERK 12/23/2020 09:45 AM INDEX NO. 008763/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 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 ■ 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 ■ 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 ■ 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 7 of 12 FILED: ONONDAGA COUNTY CLERK 12/23/2020 09:45 AM INDEX NO. 008763/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 EXHIBIT "B" 8 of 12 FILED: ONONDAGA COUNTY CLERK 12/23/2020 09:45 AM INDEX NO. 008763/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 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 Scanned with CamScanner 9 of 12 FILED: ONONDAGA COUNTY CLERK 12/23/2020 09:45 AM INDEX NO. 008763/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 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 Scanned with CamScanner 10 of 12 FILED: ONONDAGA COUNTY CLERK 12/23/2020 09:45 AM INDEX NO. 008763/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 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 ■ 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 Scanned with CamScanner 11 of 12 FILED: ONONDAGA COUNTY CLERK 12/23/2020 09:45 AM INDEX NO. 008763/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2020 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 stortotheiíext date.I thât ndchndtiled Iâyrdents with my credit card cornpany nthb au . Scanned with CamScanner 12 of 12