Preview
FILED: TOMPKINS COUNTY CLERK 12/23/2019 11:01 AM INDEX NO. EF2019-0803
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2019
C12019-24699 Index # : EF2019-0803
STATE OF NEW YORK
SUPREME COURT COUNTY OF TOMPKINS
RENAISSANCE NUTRITION,
Index No.
Date Purchased
Plaintiff(s),
Plaintiff(s) designate(s)
Tompkins County
as the place of trial.
-against-
The basis of the venue is
Defendant's Location
PINE RIDGE FARM, INC.,
SUMMONS
Defendant(s)
To the above named Defendant(s)
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service pi omplete if this summons
is not delivered to you within the State of New York)van, in case of your failure to
personally
appear or answer, judgment will be taken against you by defau for e relief demanded in the
complaint.
RE II , GOLDSTEIN & ÈRANE, LLP
Dated: December 18, 2019 Joseph M. Shur, Esq.
Attorney(s) for Plaintiff
Defendant's Address: Office and Post Office Address
6018 Lyke Road 28 East Main Street, Suite 1800
Truiliaiisburgh, New York 14886 Rochester, New York 14614
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FILED: TOMPKINS COUNTY CLERK 12/23/2019 11:01 AM INDEX NO. EF2019-0803
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2019
Cl2019-24699 Index #: EF2019-0803
STATE OF NEW YORK
SUPREME COURT COUNTY OF TOMPKINS
RENAISSANCF, NUTRITION,
Plaintiff,
vs.
COMPLAINT
PINE RIDGE FARM, INC.,
Defendant.
Plaintiff for itscomplaint against Defendant herein, alleges as follows:
FIRST: Plaintiff is a corporation with itsprincipal place of business in the County of
Blair, State of Pennsylvania.
SECOND: Upon information and belief, the Defendant, is a corporation with a place
of business in the County of Chenango, State of New York.
FACTS APPLICABLE TO ALL CAUSES OF ACTION
THIRD: On or about March 26, 2018 Defêñdiud's principal, Neil Stevenson,
acknowledged the outstanding balance due and agreed to make payment to Plaintiff. A copy
of Defendant's signed payment commitment letter is attached hereto as Exhibit "A".
AS AND FOR A FIRST CAUSE OF ACTION, PLAINTIFF ALLEGES:
FOURTH: On or about February 19, 2019 Plaintiff provided various goods to
Defendant, at Defendant's request.
FIFTH: The Defendant agreed to pay Plaintiff $4,735.11 for the goods provided.
SIXTH: Although duly demmded by Plaintiff, no part of the outstanding balance due
has been paid by the Defendant.
SEVENTH: Defendant has breached itscontract with Plaintiff by failing to pay as
agreed and as a result of Defendant's breach of contract, Plaintiff has been damaged in the
amount of $4,735.11.
AS AND FOR A SECOND CAUSE OF ACTION, PLAINTIFF ALLEGES:
"FIRST"
EIGHTH: Plaintiff repeats and re-alleges the allegations of Paragraphs
"SEVENTH"
through of this complaint as if fully set forth herein.
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FILED: TOMPKINS COUNTY CLERK 12/23/2019 11:01 AM INDEX NO. EF2019-0803
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2019
Cl2019-24699 Index #: EF2019-0803
NINTH: Plaintiff has provided goods to the Defendant for which the Defendant has
refused to pay.
TENTH: Defendant has benefitted from the goods by Plaintiff.
ELEVENTH: Defendant has been unjustly enriched by the receipt of such goods to
Plaintiff's detriment.
TWELFTH: Plaintiff has repeatedly demanded that Defendant remit payment of the
amount due and owing to Plaintiff.
THIRTEENTH: Defendant has unjustly failed, refused and continues to refuse to pay
the balance due and owing to Plaintiff, thereby resulting in damages to Plaintiff in the amount
of $4,735.11.
WHEREFORE, Plaintiff demands judgment against Defendant in the sum of
$4,735.11 plus interest from the due dates thereof, plus the cos and disbursements of this
action.
Dated: December 18, 2019
RELIN, GOLDSTEIN & CRANE, IR
Joseph M. Shur, Esq.
Attorneys for Plaintiff
28 East Main Street, Suite 1800
Rochester, New York 14614
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FILED: TOMPKINS COUNTY CLERK 12/23/2019 11:01 AM INDEX NO. EF2019-0803
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2019
CI2019-24699 Index #: EF2019-0803
STATE OF NEW YORK)
COUNTY OF MONROE) SS:
I,the undersigned, am an attorney admitted to practice in the courts of the State of
New York and say that I am the attorney of record or of counsel with the attorney(s) of
record, for Plaintiff, I have read the annexed Complaint, know the contents thereof and
the same are true to my knowledge, except those matters therein which are stated to be
alleged on information and belief, and as to those matters I believe them to be true. My
belief as to those matters therein not stated upon knowledge, is based upon the following:
Memorandum, statements of account and correspondence in deponent's possession.
The reason I make this affirmation instead of plaintiff is because plaintiff is a
corporation, none of whose officers are within the County of Monroe, and deponent is
one of the attorneys for said corporation.
I affirm that the foregoing statements are true under penalties of perjury.
Dated: December 18, 2019
Joséph M. Shur, Esq
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Preview
FILED: TOMPKINS COUNTY CLERK 12/23/2019 11:01 AM INDEX NO. EF2019-0803 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2019 C12019-24699 Index # : EF2019-0803 STATE OF NEW YORK SUPREME COURT COUNTY OF TOMPKINS RENAISSANCE NUTRITION, Index No. Date Purchased Plaintiff(s), Plaintiff(s) designate(s) Tompkins County as the place of trial. -against- The basis of the venue is Defendant's Location PINE RIDGE FARM, INC., SUMMONS Defendant(s) To the above named Defendant(s) YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service pi omplete if this summons is not delivered to you within the State of New York)van, in case of your failure to personally appear or answer, judgment will be taken against you by defau for e relief demanded in the complaint. RE II , GOLDSTEIN & ÈRANE, LLP Dated: December 18, 2019 Joseph M. Shur, Esq. Attorney(s) for Plaintiff Defendant's Address: Office and Post Office Address 6018 Lyke Road 28 East Main Street, Suite 1800 Truiliaiisburgh, New York 14886 Rochester, New York 14614 1 of 4 FILED: TOMPKINS COUNTY CLERK 12/23/2019 11:01 AM INDEX NO. EF2019-0803 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2019 Cl2019-24699 Index #: EF2019-0803 STATE OF NEW YORK SUPREME COURT COUNTY OF TOMPKINS RENAISSANCF, NUTRITION, Plaintiff, vs. COMPLAINT PINE RIDGE FARM, INC., Defendant. Plaintiff for itscomplaint against Defendant herein, alleges as follows: FIRST: Plaintiff is a corporation with itsprincipal place of business in the County of Blair, State of Pennsylvania. SECOND: Upon information and belief, the Defendant, is a corporation with a place of business in the County of Chenango, State of New York. FACTS APPLICABLE TO ALL CAUSES OF ACTION THIRD: On or about March 26, 2018 Defêñdiud's principal, Neil Stevenson, acknowledged the outstanding balance due and agreed to make payment to Plaintiff. A copy of Defendant's signed payment commitment letter is attached hereto as Exhibit "A". AS AND FOR A FIRST CAUSE OF ACTION, PLAINTIFF ALLEGES: FOURTH: On or about February 19, 2019 Plaintiff provided various goods to Defendant, at Defendant's request. FIFTH: The Defendant agreed to pay Plaintiff $4,735.11 for the goods provided. SIXTH: Although duly demmded by Plaintiff, no part of the outstanding balance due has been paid by the Defendant. SEVENTH: Defendant has breached itscontract with Plaintiff by failing to pay as agreed and as a result of Defendant's breach of contract, Plaintiff has been damaged in the amount of $4,735.11. AS AND FOR A SECOND CAUSE OF ACTION, PLAINTIFF ALLEGES: "FIRST" EIGHTH: Plaintiff repeats and re-alleges the allegations of Paragraphs "SEVENTH" through of this complaint as if fully set forth herein. 2 of 4 FILED: TOMPKINS COUNTY CLERK 12/23/2019 11:01 AM INDEX NO. EF2019-0803 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2019 Cl2019-24699 Index #: EF2019-0803 NINTH: Plaintiff has provided goods to the Defendant for which the Defendant has refused to pay. TENTH: Defendant has benefitted from the goods by Plaintiff. ELEVENTH: Defendant has been unjustly enriched by the receipt of such goods to Plaintiff's detriment. TWELFTH: Plaintiff has repeatedly demanded that Defendant remit payment of the amount due and owing to Plaintiff. THIRTEENTH: Defendant has unjustly failed, refused and continues to refuse to pay the balance due and owing to Plaintiff, thereby resulting in damages to Plaintiff in the amount of $4,735.11. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $4,735.11 plus interest from the due dates thereof, plus the cos and disbursements of this action. Dated: December 18, 2019 RELIN, GOLDSTEIN & CRANE, IR Joseph M. Shur, Esq. Attorneys for Plaintiff 28 East Main Street, Suite 1800 Rochester, New York 14614 3 of 4 FILED: TOMPKINS COUNTY CLERK 12/23/2019 11:01 AM INDEX NO. EF2019-0803 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2019 CI2019-24699 Index #: EF2019-0803 STATE OF NEW YORK) COUNTY OF MONROE) SS: I,the undersigned, am an attorney admitted to practice in the courts of the State of New York and say that I am the attorney of record or of counsel with the attorney(s) of record, for Plaintiff, I have read the annexed Complaint, know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief as to those matters therein not stated upon knowledge, is based upon the following: Memorandum, statements of account and correspondence in deponent's possession. The reason I make this affirmation instead of plaintiff is because plaintiff is a corporation, none of whose officers are within the County of Monroe, and deponent is one of the attorneys for said corporation. I affirm that the foregoing statements are true under penalties of perjury. Dated: December 18, 2019 Joséph M. Shur, Esq 4 of 4