Preview
FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF SARATOGA
Jointa Galusha, LLC,
Plaintiff SUMMONS
-against-
Index No.:
TNT Excavating Holding Company, LLC and
Terry Hagadorn,
Defendants
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorney an
Answer to the Complaint in this action within twenty (20) days after the service of this Summon,
exclusive of the day of service, or within thirty (30) 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 relief demanded in the Complaint.
Dated:
Karen E. S. D'Andrea, Esq.
Attorney for Plaintiff
By:
Andrea Law
63 Putnam Street, Suite 202
P.0 Box 5196
Saratoga Springs, New York 12866
Telephone 518-245-9500
Trial is desired in the County of Saratoga. The basis of venue designated above is that the
plaintiff resides with in the County of Saratoga, State of New York.
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STATE OF NEW YORK
SUPREME COURT COUNTY OF SARATOGA
Jointa Galusha, LLC,
Plaintiff VERIFIED COMPLAINT
-against-
Index No.:
TNT Excavating Heiding Company, LLC and
Terry Hagadorn,
Defendants
its'
Plaintiff, by and through attorney, Karen E. S. D'Andrea, Esq., complaining of the
defendants herein, alleges as follows:
1. That the plaintiff is Jointa Galusha, LLC, a New York limited liability company,
having a principal place of business at 269 Ballard Road, Wilton New York 12831.
2. That upon information and belief the defendant TNT Excavating Holding
Compaay, LLC is a New York limited liability compañy, a principal place of business at
having
15 White Road, Ballston Spa, New York 12020.
3. That upon information and belief the defendant Terry Hagadorn is an individual,
haviñg a residence and priñcipal place of business at 15 White Road, Ballston Spa, New York
12020.
AS AND FOR A FIRST CAUSE OF ACTION
4. The plaintiff repeats, reiterates and realleges the allegations in paragraphs
"1"
numbered through "3".
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5. That on May 6, 2019, the plaintiff and the defendants herein entered into an Open
Account Credit Terms Agreement (hereinafter "Agreement") whereby the plaintiff was to
provide to the defendants certain in particular concrete and to defc=±nts and in
goods, stone,
return, defendants agreed to pay the plaintiff for said goods. Also by said Agreement, the
defendants were extended a credit account with the plaintiff whereby the defendants promised to
repay any amounts extended to them under certain terms and conditions.
parties'
6. That the terms of the Agreement required that the defendants make
payment on any iñvoice issued on their credit account within thirty (30) days of the date of said
invoice.
parties'
7. That the terms of the Agreement also provided that the defendants would
pay service charges of 2% per month on allbalances not paid by the due date. Said charges were
to begin on the due date of the invoice.
parties'
8. That the terms of the Agreement further provided that in the event that the
defendants'
account was placed for collection, the defendants agreed to pay all costs of
collection, including but not limited to:reasonable attorney fees, court costs, expense and
disbursements.
parties'
9. That a copy of the Agreement dated May 6, 2019, as signed by the
plaintiff and the defendants herein, acknowledging their promise to pay the plaintiff, is annexed
hereto and made a part hereof as Exhibit A.
parties'
10. That plaintiff duly and timely com-menced performance under the
Agreement and duly and timely performed and complied with said Agreement by providing the
goods to the defendants.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021
parties'
11. That in particular, pursuant to the terms of the Agreement, the plaintiff
provided the defendets with stone and made certain deliveries of coñcrete to the defendants
between October 23, 2019 and January 14, 2020.
parties'
12. That pursuant to the terms of the Agreement, the plaintiff issued invoices
to the defeñdsñts between October 26, 2019 and November 30, 2020.
13. That defed=nts made certain paymeñts to plaintiff in partial compliance with the
parties'
Agreement. In on 19, 2020 defendants made payments to the plaintiff
particular, May
totaling SEVEN-HUNDRED, THIRTY-THREE AND 74/100 DOLLARS ($733.74), but have
failed to all sums due to the plaintiff as per the parties 2019 Agreement
pay May 6,
parties'
14. That the plaintiff has demanded payment on the Agreemeñt from the
defendants.
15. That to date the defendants have made regular oral promises to make payment on
parties'
the Agreement, but have failed to pay said amounts to plaintiff.
16. That the defeñdañts have breached the contract between the plaintiff and the
defendants by failing to repay the plaintiff for the credit advanced to the defendants.
17. That based upon the foregoing, the defendants now owe to the plaintiff the sum of
TWENTY-ONE THOUSAND, FOUR-HUNDRED, ONE AND 64/100 DOLLARS
($21,401.64), plus late charges from February 29, 2020 to November 30, 2020 in the amount of
FOUR THOUSAND, SEVEN HUNDRED, FIFTY-ONE AND 66/100 DOLLARS ($4,751.66),
for a total of TWENTY-SIX THOUSAND, ONE-HUNDRED, FIFTY-THREE AND 30/100
DOLLARS ($26,153.30), together with interest of 2% per month from Noverñber 30, 2020. A
defendants'
copy of an updated statement of the account is annexed hereto and made a part
hereof as Exhibit B.
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WHEREFORE, the Plaintiff demañds judgment agaiñst the defendants as follows:
(A) The sum of TWENTY-SIX THOUSAND, ONE-HUNDRED, FIFTY-THREE
AND 30/100 DOLLARS ($26,153.30), together with interest of 2% per month from November
30, 2020, on the plaintiff's first cause of action;
(B) Reasonable attorney fees, plus the costs and disbursements of this action; and
(C) For such other and further relief as to this Court may deem just and proper.
Dated: t
Karen E. S. D'Andrea, Esq.
Attorney for Plaintiff
By:
'Andrea Law
63 Putnam Street, Suite 202
P.0 Box 5196
Saratoga Springs, New York 12866
Telephone 518-245-9500
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021
VERIFICATION
STATE OF NEW YORK
SS.:
COUNTY OF SARATOGA
JOHN J. SHEERAN, being duly sworn, deposes and says: that deponent is the secretary of
Jointa Galusha, LLC, the limited liability company described in the within action; that deponent
has read the attached Verified Complaint and knows the contents thereof; that the same is true to
deponent's own knowledge, except as to the matters therein stated to be alleged upon information
and belief, and that as to those matters deponent believes itto be true. This verification is made by
deponent because plaintiff is a New York limited liability company and deponent is the secretary
thereof.
JOHN J El ICAN
S rn to before me this
ay of January, 2021
NÓTA Y PUBLIC
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FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021
ATTORNEY'S CERTIFICATION
To the best of the undersigned's knowledge, information and belief, formed after an inquiry
reasonable under the circumstañces, the presentation of the within paper and/or the contentions
therein are not frivolous as defined in subsection (c) of Section 130-1.1 of the Rules of Chief
Adminis r of the Courts.
Dated:
J
KAREN E. S. D'ANDREA
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EXHIBIT A
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FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021
PALLETTE STONE CORPORATION & JOINTA GALUSHA, LLC
RETURN TO: 269 BALLARD ROAD - CREDIT DEPARTMENT
C/O 0
WILTON, NY 12831
TELEPHONE: (518) 584-2421
FAX: (518)584-4382
CREDIT APPLICATION AND AGREEMENT
Corporation Applicant Name S.S. or FÉD ID # Phone Number
Co-Applicant or D/B/A S.S.= or FED ID # Fax Number
Mailing
it/7 :4
Address
Rd _ &&
City
ran
;p /W
State
/ 20a
Zip
A
County
on ·
Physical Address Street City State Zip County
Nature of Business Email Address Accounts Payable Contact one, if different
than above
Out of Area Contractors,please list
current location/joband job number
ft G†Cg0 r In Ûll/f7 4y
' ite/Ý , $ Û )-9 75
Corpora OfficesÑame/Title Home Address S.S.= DOB
Corporate Officer/Name/Title Home Address S.S.# DOB
Tax Exempt A (Pleaseenclose proper certificate) Number of Years inBusiness Credit Amount Requested
Estimated Monthly Purchases AnticipatedProducts to be Purchased ) Ód/7 f C O 7 C G74
P.O. Required ? Yes No
O of Filine za .• 70
Partnership County
BANK REFERENCES AND ADDRESS O Corporation
(Listtype ofaccount and account numbers: Checking, savings,loan,etc.) GBTropricorship Stateof Filing
.~É 1 FCt/ fa/c, ,,/ Q_fc7fgfo 9 O gp f99 7;o
Exact Bank and Address Phone #
Accounts and Numbers Contact Fax #
BUSINESS REFERENCE (List Complete Name, Address. Zip, and Phone 9)
Please list
references withlimits which are comparable toamount requested. APPLICATIONS CAN NOT BE PROCESSED WITH OUT
PROPER AND VALID REFERENCE INFORMATION.
l. c 7 fCy $4 hoo We SSV 7AP
Name Address Phone Fax
Name Address Phone F.a
Name Address Phane Fax
4. 141 Ca!?CrfÑ f/c 's4 ItrA ch at 6
Name Addres3 Phone Fax
OVER, PLEASE
!''?' 1 ---
n Sales
t a r er riose r f Rep spAP
g5
Level 3A Access
JWS /
Letter
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021
Page 2 of 3
***PLEASE BE SURE TO SIGN THE SECOND PAGE OF THIS APPLICATION***
PALLETTE STONE CORPORATION / JOINTA GALUSHA LLC
OPEN ACCOUNT CREDIT TERMS AGREEMENT
TERMS:
All charge invoices are due net 30 days of invoice date.
All sales are subjectto delivery charges when applicable.
Every account willbe subject to a credit limit.which can be increased or decreased based on account payment history.
All parties agree thatin the event legal action becomes necessary, the same will be filed and triedin Saratoga County in New
York State for PalletteStone purchases and Warren County for Jointa Galusha LLC.
The applicant agrees to notify the creditor by certified mail of any change in ownership that would change the party obligated to
the account. The applicant shall be responsible for allcharges made to thisaccount untilsuch notice isreceived.
MONTHLY STATEMENTS, SERVICE CHARGE, FEES AND NSF CHECKS:
Payment is due 30 days after date of the invoice or interest charges will accrue. in consideration for the extension of credit
privileges, customers agree to pay service charges of 2% per month on allbalances NOT PAID BY THE DUE DATE. Service
charge to begin accruing on the due date. In theevent customer's account isplaced forcü¡lection, custoitieragrees topay allcosts
attorneys'
of collection including but not limited to: reasonable fees, court costs,expenses, and disbursements. There isa $25.00
charge forall checks returned for non-sufficient funds.
TAXES:
Orders are accepted with the understanding thatany applicable taxes willbe added, as the law requires. If we fail to charge you
tax where applicable, we reserve the right to invoice you for tax at a later date. Tax exempt customers must present the
appropriate tax-exempt form prior to purchase or have current form on file. Ifwe charge you tax and you are exempt, you need to
get an exemption certificateto us within 30 days.
PAST DUE ACCOUNTS:
Should your account become past due, creditprivileges be suspended and theaccount will âütamãtically be put on COD until
may
itis brought current. A financial statcñicñtmay be requested at thattime. Ifyour account isreferred out for collections, allfuture
sales will be on COD basis only. We understand that from time to time cireümstances arise which may prevent you from paying
your your'
account inas timely a manner as you would like. Please contact us immediately should this shetion arise,so that
credit rating with Pallette Stone Corporation and orJointa Galusha LLC willnot be damaged.
PAYMENTS:
In order topromptly and accurately process your payments to your account, we request thatyou either:
a. include your invoice stubs with your payment....or
b. write your accoüñt number(s) and the number of the invoices you are paying directlyon your check.
DECLARATION:
I declare that I read and understand the above credit terms and policies and I agree to them in theirentirety. 1 am authorized to
sign this statement. , /
Name of Company Address
Signatu#of owner! ficer PrirftName Title Date
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Page 3 or3
1/We authorize PalletteStone Corporation anwor Jointa Galusha LLC to make whatever credit inquires deemed necessary in
connection with this credit application, or in the course of review of an active account or in the event of collection procedures.
Pallette Stone Corporation and/or Jointa Galusha LLC are also authorized to release credit infonnation for credit reporting
purposes. In addition ltWe give permission to allreferences listed on thisapplication, to release infonnation to Pallette Stone
Corporation and/or Jointa Galusha LLC. 1 We have read and understand the policies and conditions set forthin the PalletteStone
Corporation and orJointa Galusha LLC open account tenn agreement.
àCot/ a fr a f) / 10 Ô /k!/ / /
Name of Company
Signature of o r/ofÝicer Printed Name Date
GUARANTY
1/We personally and unconditionally guaranty payment of all past present and future purchases and indebtedness
incurred by the applicards business with Pallette Stone Corporation and/or Jointa Galusha LLC its successors and
assigns. The undersigned waives notice of acceptance of this guaranty and notice of any default by the applicants
business. This guarañty shall be continuing and shall not be affected by any extension of time, payments, increased
credit limits, modifications or additions to this agreement. A corporate title after my name isnot intended to negate
my/our personal guaranty. The guarantor shall not be released from this guaranty without prior written consent of
Pall -tteStone Corporation and or Jointa Galusha LLC is successors or assigns.
Guar ntor Printed Nam Date
FOR OFFICE USE ONLY b
Approved by:
Date:
Credit Limit:
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EXHIBIT B
O
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JOINTA GALUSHA
Plant Locations
209 Warren Street Pattens Mills Road L.LC.
Glens Falls, NY 12801
West Fort Ann, NY 12827 269 BallardRoad
OFFICE - 792-5029 OFFICE - 798-8380 Wilton,NY 12831
S FAX - 792-5230 FAX - 798-3441
269 BALLARDROAD IlePORTANT:TOINSUREPROPERCREDIT
WILTON.NEWYORK12831 PLEASEDETACHANDRETURNTHISSTUB
STATEMENT WITHYOURREMITTANCF.,
DATE 11/30/2020 11/30/2020 DATE
ACCT # 71536 71536 ACCT #
Page 1 of 1 Page 1 of 1
T-N-T ExcavatiñÿHoldingCompany LLC PLEASEFILLIN
AMOUNT PAID
15 WhiteRoad
Ballston
Spa, NY 12020
DATE DESCRIPTION CHARGES CREDITS BALANCEDUE INVOICE
# BALANCEDUE
10/26/19 Invoice88852 1,292.56 88852
05/19/20 Adjustrnent 602.00
Subtotal 1,292.56 602.00 690.56 690.56
11/09/19 Invoice89035 5,273.52 0.00 5,273.52 89035 5,273.52
11/16/19 Invoice89119 1,261.27 0.00 1,261.27 89119 1,261.27
11/23/19 Invoice89168 7,157.00 0.00 7,157.00 89168 7,157.00
12/07/19 Invoice89291 181.57 0.00 181.57 89291 181.57
12/28/19 Invoice89453 1,526.90 0.00 1,526.90 89453 1,526.90
01/18/20 Invoice89563 5,442.56 0.00 5,442.56 89563 5,442.56
02/29/20 LateCharge 453.58
05/19/20 Adjustment 131.74
Subtotal 453.58 131.74 321.84 321.84
03/31/20 LateCharge 469.54 0.00 469.54 ADJ 469.54
04/30/20 LateCharge 469.54 0.00 469.54 ADJ 469.54
05/31/20 LateCharge 455.89 0.00 455.89 ADJ 455.89
06/30/20 LateCharge 455.89 0.00 455.89 ADJ 455.89
07/31/20 LateCharge 474.12 0.00 474.12 ADJ 474.12
08/31/20 LateCharge 483.60 0.00 483.60 ADJ 483.60
09/30/20 LateCharge 483.60 0.00 483.60 ADJ 483.60
10/31/20 LateCharge 502.95 0.00 502.95 ADJ 502.95
11/30/20 LateCharge 502.95 0.00 502.95 ADJ 502.95
CURRENT OVER30 OVER60 OVER90 TOTAL TOTAL
AMOUNT
1,005.90 0.00 483.60 24,663.80 26,153.30 26,153.30
DUE
on all credit
fee will be charged
A 3.5% procé55iiig card paymentsmade January1st, 2020 and after.
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A/R Detail Aging Report T012/03/2020
71536 T-N-T Excavating Holding Company LLC (COD)451-0033
15 White Road
Ballston Spa, NY 12020
Invoice D_¡ge Charges Credits Balance 0-30 31-60 6_j-90 OVER 90
45987 A 02/29/20 $453.58 $(131.74) $321.84 $0.00 $0.00 $0.00 $321.84
46079 A 03/31/20 $469.54 $0.00 $469.54 $0.00 $0.00 $0.00 $469.54
46201 A 04/30/20 $469.54 $0.00 $469.54 $0.00 $0.00 $0.00 $469.54
46325 A 05/31/20 $455.89 $0.00 $455.89 $0.00 $0.00 $0.00 $455.89
46473 A 06/30/20 $455.89 $0.00 $455.89 $0.00 $0.00 $0.00 $455.89
46637 A 07/31/20 $474.12 $0.00 $474.12 $0.00 $0.00 $0.00 $474.12
46799 A 08/31/20 $483.60 $0.00 $483.60 $0.00 $0.00 $0.00 $483.60
46969 A 09/30/20 $483.60 $0.00 $483.60 $0.00 $0.00 $483.60 $0.00
47169 A 10/31/20 $502.95 $0.00 $502.95 $0.00 $502.95 $0.00 $0.00
47308 A 11/30/20 $502.95 $0.00 $502.95 $502.95 $0.00 $0.00 $0.00
88852 A 10/26/19 $1,292.56 $(602.00) $690.56 $0.00 $0.00 $0.00 $690.56
89035 I 11/09/19 $5,273.52 $0.00 $5,273.52 $0.00 $0.00 $0.00 $5,273.52
89119 I 11/16/19 $1,261.27 $0.00 $1,261.27 $0.00 $0.00 $0.00 $1,261.27
89168 I 11/23/19 $7,157.00 $0.00 $7,157.00 $0.00 $0.00 $0.00 $7,157.00
89291 I 12/07/19 $181.57 $0.00 $181.57 $0.00 $0.00 $0.00 $181.57
89453 I 12/28/19 $1,526.90 $0.00 $1,526.90 $0.00 $0.00 $0.00 $1,526.90
89563 I 01/18/20 $5,442.56 $0.00 $5,442.56 $0.00 $0.00 $0.00 $5,442.56
Customer Total $26,887.04 $(733.74) $26,153.30 $502.95 $502.95 $483.60 $24,663.80
TOTAL AMOUNT DUE - - - > 26,153.30
$
Compsñy Total $26,887.04 $(733.74) $26,153.30 $502.95 $502.95 $483.60 $24,663Â
TOTAL AMOUNT DUE - - - > $ 26,153.30
= = ,A = =
( I Invoice , P Paymsñt ADJ , C Credit )
12:00:09PM 12/03/2020 JOINTA GALUSHA, L.L.C. Page 1 of 1
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Preview
FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA Jointa Galusha, LLC, Plaintiff SUMMONS -against- Index No.: TNT Excavating Holding Company, LLC and Terry Hagadorn, Defendants TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorney an Answer to the Complaint in this action within twenty (20) days after the service of this Summon, exclusive of the day of service, or within thirty (30) 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 relief demanded in the Complaint. Dated: Karen E. S. D'Andrea, Esq. Attorney for Plaintiff By: Andrea Law 63 Putnam Street, Suite 202 P.0 Box 5196 Saratoga Springs, New York 12866 Telephone 518-245-9500 Trial is desired in the County of Saratoga. The basis of venue designated above is that the plaintiff resides with in the County of Saratoga, State of New York. 1 of 14 FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA Jointa Galusha, LLC, Plaintiff VERIFIED COMPLAINT -against- Index No.: TNT Excavating Heiding Company, LLC and Terry Hagadorn, Defendants its' Plaintiff, by and through attorney, Karen E. S. D'Andrea, Esq., complaining of the defendants herein, alleges as follows: 1. That the plaintiff is Jointa Galusha, LLC, a New York limited liability company, having a principal place of business at 269 Ballard Road, Wilton New York 12831. 2. That upon information and belief the defendant TNT Excavating Holding Compaay, LLC is a New York limited liability compañy, a principal place of business at having 15 White Road, Ballston Spa, New York 12020. 3. That upon information and belief the defendant Terry Hagadorn is an individual, haviñg a residence and priñcipal place of business at 15 White Road, Ballston Spa, New York 12020. AS AND FOR A FIRST CAUSE OF ACTION 4. The plaintiff repeats, reiterates and realleges the allegations in paragraphs "1" numbered through "3". 2 of 14 FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021 5. That on May 6, 2019, the plaintiff and the defendants herein entered into an Open Account Credit Terms Agreement (hereinafter "Agreement") whereby the plaintiff was to provide to the defendants certain in particular concrete and to defc=±nts and in goods, stone, return, defendants agreed to pay the plaintiff for said goods. Also by said Agreement, the defendants were extended a credit account with the plaintiff whereby the defendants promised to repay any amounts extended to them under certain terms and conditions. parties' 6. That the terms of the Agreement required that the defendants make payment on any iñvoice issued on their credit account within thirty (30) days of the date of said invoice. parties' 7. That the terms of the Agreement also provided that the defendants would pay service charges of 2% per month on allbalances not paid by the due date. Said charges were to begin on the due date of the invoice. parties' 8. That the terms of the Agreement further provided that in the event that the defendants' account was placed for collection, the defendants agreed to pay all costs of collection, including but not limited to:reasonable attorney fees, court costs, expense and disbursements. parties' 9. That a copy of the Agreement dated May 6, 2019, as signed by the plaintiff and the defendants herein, acknowledging their promise to pay the plaintiff, is annexed hereto and made a part hereof as Exhibit A. parties' 10. That plaintiff duly and timely com-menced performance under the Agreement and duly and timely performed and complied with said Agreement by providing the goods to the defendants. 3 of 14 FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021 parties' 11. That in particular, pursuant to the terms of the Agreement, the plaintiff provided the defendets with stone and made certain deliveries of coñcrete to the defendants between October 23, 2019 and January 14, 2020. parties' 12. That pursuant to the terms of the Agreement, the plaintiff issued invoices to the defeñdsñts between October 26, 2019 and November 30, 2020. 13. That defed=nts made certain paymeñts to plaintiff in partial compliance with the parties' Agreement. In on 19, 2020 defendants made payments to the plaintiff particular, May totaling SEVEN-HUNDRED, THIRTY-THREE AND 74/100 DOLLARS ($733.74), but have failed to all sums due to the plaintiff as per the parties 2019 Agreement pay May 6, parties' 14. That the plaintiff has demanded payment on the Agreemeñt from the defendants. 15. That to date the defendants have made regular oral promises to make payment on parties' the Agreement, but have failed to pay said amounts to plaintiff. 16. That the defeñdañts have breached the contract between the plaintiff and the defendants by failing to repay the plaintiff for the credit advanced to the defendants. 17. That based upon the foregoing, the defendants now owe to the plaintiff the sum of TWENTY-ONE THOUSAND, FOUR-HUNDRED, ONE AND 64/100 DOLLARS ($21,401.64), plus late charges from February 29, 2020 to November 30, 2020 in the amount of FOUR THOUSAND, SEVEN HUNDRED, FIFTY-ONE AND 66/100 DOLLARS ($4,751.66), for a total of TWENTY-SIX THOUSAND, ONE-HUNDRED, FIFTY-THREE AND 30/100 DOLLARS ($26,153.30), together with interest of 2% per month from Noverñber 30, 2020. A defendants' copy of an updated statement of the account is annexed hereto and made a part hereof as Exhibit B. 4 of 14 FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021 WHEREFORE, the Plaintiff demañds judgment agaiñst the defendants as follows: (A) The sum of TWENTY-SIX THOUSAND, ONE-HUNDRED, FIFTY-THREE AND 30/100 DOLLARS ($26,153.30), together with interest of 2% per month from November 30, 2020, on the plaintiff's first cause of action; (B) Reasonable attorney fees, plus the costs and disbursements of this action; and (C) For such other and further relief as to this Court may deem just and proper. Dated: t Karen E. S. D'Andrea, Esq. Attorney for Plaintiff By: 'Andrea Law 63 Putnam Street, Suite 202 P.0 Box 5196 Saratoga Springs, New York 12866 Telephone 518-245-9500 5 of 14 FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021 VERIFICATION STATE OF NEW YORK SS.: COUNTY OF SARATOGA JOHN J. SHEERAN, being duly sworn, deposes and says: that deponent is the secretary of Jointa Galusha, LLC, the limited liability company described in the within action; that deponent has read the attached Verified Complaint and knows the contents thereof; that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters deponent believes itto be true. This verification is made by deponent because plaintiff is a New York limited liability company and deponent is the secretary thereof. JOHN J El ICAN S rn to before me this ay of January, 2021 NÓTA Y PUBLIC 6 of 14 FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021 ATTORNEY'S CERTIFICATION To the best of the undersigned's knowledge, information and belief, formed after an inquiry reasonable under the circumstañces, the presentation of the within paper and/or the contentions therein are not frivolous as defined in subsection (c) of Section 130-1.1 of the Rules of Chief Adminis r of the Courts. Dated: J KAREN E. S. D'ANDREA 7 of 14 FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021 EXHIBIT A 8 of 14 FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021 PALLETTE STONE CORPORATION & JOINTA GALUSHA, LLC RETURN TO: 269 BALLARD ROAD - CREDIT DEPARTMENT C/O 0 WILTON, NY 12831 TELEPHONE: (518) 584-2421 FAX: (518)584-4382 CREDIT APPLICATION AND AGREEMENT Corporation Applicant Name S.S. or FÉD ID # Phone Number Co-Applicant or D/B/A S.S.= or FED ID # Fax Number Mailing it/7 :4 Address Rd _ && City ran ;p /W State / 20a Zip A County on · Physical Address Street City State Zip County Nature of Business Email Address Accounts Payable Contact one, if different than above Out of Area Contractors,please list current location/joband job number ft G†Cg0 r In Ûll/f7 4y ' ite/Ý , $ Û )-9 75 Corpora OfficesÑame/Title Home Address S.S.= DOB Corporate Officer/Name/Title Home Address S.S.# DOB Tax Exempt A (Pleaseenclose proper certificate) Number of Years inBusiness Credit Amount Requested Estimated Monthly Purchases AnticipatedProducts to be Purchased ) Ód/7 f C O 7 C G74 P.O. Required ? Yes No O of Filine za .• 70 Partnership County BANK REFERENCES AND ADDRESS O Corporation (Listtype ofaccount and account numbers: Checking, savings,loan,etc.) GBTropricorship Stateof Filing .~É 1 FCt/ fa/c, ,,/ Q_fc7fgfo 9 O gp f99 7;o Exact Bank and Address Phone # Accounts and Numbers Contact Fax # BUSINESS REFERENCE (List Complete Name, Address. Zip, and Phone 9) Please list references withlimits which are comparable toamount requested. APPLICATIONS CAN NOT BE PROCESSED WITH OUT PROPER AND VALID REFERENCE INFORMATION. l. c 7 fCy $4 hoo We SSV 7AP Name Address Phone Fax Name Address Phone F.a Name Address Phane Fax 4. 141 Ca!?CrfÑ f/c 's4 ItrA ch at 6 Name Addres3 Phone Fax OVER, PLEASE !''?' 1 --- n Sales t a r er riose r f Rep spAP g5 Level 3A Access JWS / Letter 9 of 14 FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021 Page 2 of 3 ***PLEASE BE SURE TO SIGN THE SECOND PAGE OF THIS APPLICATION*** PALLETTE STONE CORPORATION / JOINTA GALUSHA LLC OPEN ACCOUNT CREDIT TERMS AGREEMENT TERMS: All charge invoices are due net 30 days of invoice date. All sales are subjectto delivery charges when applicable. Every account willbe subject to a credit limit.which can be increased or decreased based on account payment history. All parties agree thatin the event legal action becomes necessary, the same will be filed and triedin Saratoga County in New York State for PalletteStone purchases and Warren County for Jointa Galusha LLC. The applicant agrees to notify the creditor by certified mail of any change in ownership that would change the party obligated to the account. The applicant shall be responsible for allcharges made to thisaccount untilsuch notice isreceived. MONTHLY STATEMENTS, SERVICE CHARGE, FEES AND NSF CHECKS: Payment is due 30 days after date of the invoice or interest charges will accrue. in consideration for the extension of credit privileges, customers agree to pay service charges of 2% per month on allbalances NOT PAID BY THE DUE DATE. Service charge to begin accruing on the due date. In theevent customer's account isplaced forcü¡lection, custoitieragrees topay allcosts attorneys' of collection including but not limited to: reasonable fees, court costs,expenses, and disbursements. There isa $25.00 charge forall checks returned for non-sufficient funds. TAXES: Orders are accepted with the understanding thatany applicable taxes willbe added, as the law requires. If we fail to charge you tax where applicable, we reserve the right to invoice you for tax at a later date. Tax exempt customers must present the appropriate tax-exempt form prior to purchase or have current form on file. Ifwe charge you tax and you are exempt, you need to get an exemption certificateto us within 30 days. PAST DUE ACCOUNTS: Should your account become past due, creditprivileges be suspended and theaccount will âütamãtically be put on COD until may itis brought current. A financial statcñicñtmay be requested at thattime. Ifyour account isreferred out for collections, allfuture sales will be on COD basis only. We understand that from time to time cireümstances arise which may prevent you from paying your your' account inas timely a manner as you would like. Please contact us immediately should this shetion arise,so that credit rating with Pallette Stone Corporation and orJointa Galusha LLC willnot be damaged. PAYMENTS: In order topromptly and accurately process your payments to your account, we request thatyou either: a. include your invoice stubs with your payment....or b. write your accoüñt number(s) and the number of the invoices you are paying directlyon your check. DECLARATION: I declare that I read and understand the above credit terms and policies and I agree to them in theirentirety. 1 am authorized to sign this statement. , / Name of Company Address Signatu#of owner! ficer PrirftName Title Date 10 of 14 FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021 Page 3 or3 1/We authorize PalletteStone Corporation anwor Jointa Galusha LLC to make whatever credit inquires deemed necessary in connection with this credit application, or in the course of review of an active account or in the event of collection procedures. Pallette Stone Corporation and/or Jointa Galusha LLC are also authorized to release credit infonnation for credit reporting purposes. In addition ltWe give permission to allreferences listed on thisapplication, to release infonnation to Pallette Stone Corporation and/or Jointa Galusha LLC. 1 We have read and understand the policies and conditions set forthin the PalletteStone Corporation and orJointa Galusha LLC open account tenn agreement. àCot/ a fr a f) / 10 Ô /k!/ / / Name of Company Signature of o r/ofÝicer Printed Name Date GUARANTY 1/We personally and unconditionally guaranty payment of all past present and future purchases and indebtedness incurred by the applicards business with Pallette Stone Corporation and/or Jointa Galusha LLC its successors and assigns. The undersigned waives notice of acceptance of this guaranty and notice of any default by the applicants business. This guarañty shall be continuing and shall not be affected by any extension of time, payments, increased credit limits, modifications or additions to this agreement. A corporate title after my name isnot intended to negate my/our personal guaranty. The guarantor shall not be released from this guaranty without prior written consent of Pall -tteStone Corporation and or Jointa Galusha LLC is successors or assigns. Guar ntor Printed Nam Date FOR OFFICE USE ONLY b Approved by: Date: Credit Limit: 11 of 14 FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021 EXHIBIT B O 12 of 14 FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021 JOINTA GALUSHA Plant Locations 209 Warren Street Pattens Mills Road L.LC. Glens Falls, NY 12801 West Fort Ann, NY 12827 269 BallardRoad OFFICE - 792-5029 OFFICE - 798-8380 Wilton,NY 12831 S FAX - 792-5230 FAX - 798-3441 269 BALLARDROAD IlePORTANT:TOINSUREPROPERCREDIT WILTON.NEWYORK12831 PLEASEDETACHANDRETURNTHISSTUB STATEMENT WITHYOURREMITTANCF., DATE 11/30/2020 11/30/2020 DATE ACCT # 71536 71536 ACCT # Page 1 of 1 Page 1 of 1 T-N-T ExcavatiñÿHoldingCompany LLC PLEASEFILLIN AMOUNT PAID 15 WhiteRoad Ballston Spa, NY 12020 DATE DESCRIPTION CHARGES CREDITS BALANCEDUE INVOICE # BALANCEDUE 10/26/19 Invoice88852 1,292.56 88852 05/19/20 Adjustrnent 602.00 Subtotal 1,292.56 602.00 690.56 690.56 11/09/19 Invoice89035 5,273.52 0.00 5,273.52 89035 5,273.52 11/16/19 Invoice89119 1,261.27 0.00 1,261.27 89119 1,261.27 11/23/19 Invoice89168 7,157.00 0.00 7,157.00 89168 7,157.00 12/07/19 Invoice89291 181.57 0.00 181.57 89291 181.57 12/28/19 Invoice89453 1,526.90 0.00 1,526.90 89453 1,526.90 01/18/20 Invoice89563 5,442.56 0.00 5,442.56 89563 5,442.56 02/29/20 LateCharge 453.58 05/19/20 Adjustment 131.74 Subtotal 453.58 131.74 321.84 321.84 03/31/20 LateCharge 469.54 0.00 469.54 ADJ 469.54 04/30/20 LateCharge 469.54 0.00 469.54 ADJ 469.54 05/31/20 LateCharge 455.89 0.00 455.89 ADJ 455.89 06/30/20 LateCharge 455.89 0.00 455.89 ADJ 455.89 07/31/20 LateCharge 474.12 0.00 474.12 ADJ 474.12 08/31/20 LateCharge 483.60 0.00 483.60 ADJ 483.60 09/30/20 LateCharge 483.60 0.00 483.60 ADJ 483.60 10/31/20 LateCharge 502.95 0.00 502.95 ADJ 502.95 11/30/20 LateCharge 502.95 0.00 502.95 ADJ 502.95 CURRENT OVER30 OVER60 OVER90 TOTAL TOTAL AMOUNT 1,005.90 0.00 483.60 24,663.80 26,153.30 26,153.30 DUE on all credit fee will be charged A 3.5% procé55iiig card paymentsmade January1st, 2020 and after. 13 of 14 FILED: SARATOGA COUNTY CLERK 01/13/2021 03:47 PM INDEX NO. EF2021101 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/13/2021 A/R Detail Aging Report T012/03/2020 71536 T-N-T Excavating Holding Company LLC (COD)451-0033 15 White Road Ballston Spa, NY 12020 Invoice D_¡ge Charges Credits Balance 0-30 31-60 6_j-90 OVER 90 45987 A 02/29/20 $453.58 $(131.74) $321.84 $0.00 $0.00 $0.00 $321.84 46079 A 03/31/20 $469.54 $0.00 $469.54 $0.00 $0.00 $0.00 $469.54 46201 A 04/30/20 $469.54 $0.00 $469.54 $0.00 $0.00 $0.00 $469.54 46325 A 05/31/20 $455.89 $0.00 $455.89 $0.00 $0.00 $0.00 $455.89 46473 A 06/30/20 $455.89 $0.00 $455.89 $0.00 $0.00 $0.00 $455.89 46637 A 07/31/20 $474.12 $0.00 $474.12 $0.00 $0.00 $0.00 $474.12 46799 A 08/31/20 $483.60 $0.00 $483.60 $0.00 $0.00 $0.00 $483.60 46969 A 09/30/20 $483.60 $0.00 $483.60 $0.00 $0.00 $483.60 $0.00 47169 A 10/31/20 $502.95 $0.00 $502.95 $0.00 $502.95 $0.00 $0.00 47308 A 11/30/20 $502.95 $0.00 $502.95 $502.95 $0.00 $0.00 $0.00 88852 A 10/26/19 $1,292.56 $(602.00) $690.56 $0.00 $0.00 $0.00 $690.56 89035 I 11/09/19 $5,273.52 $0.00 $5,273.52 $0.00 $0.00 $0.00 $5,273.52 89119 I 11/16/19 $1,261.27 $0.00 $1,261.27 $0.00 $0.00 $0.00 $1,261.27 89168 I 11/23/19 $7,157.00 $0.00 $7,157.00 $0.00 $0.00 $0.00 $7,157.00 89291 I 12/07/19 $181.57 $0.00 $181.57 $0.00 $0.00 $0.00 $181.57 89453 I 12/28/19 $1,526.90 $0.00 $1,526.90 $0.00 $0.00 $0.00 $1,526.90 89563 I 01/18/20 $5,442.56 $0.00 $5,442.56 $0.00 $0.00 $0.00 $5,442.56 Customer Total $26,887.04 $(733.74) $26,153.30 $502.95 $502.95 $483.60 $24,663.80 TOTAL AMOUNT DUE - - - > 26,153.30 $ Compsñy Total $26,887.04 $(733.74) $26,153.30 $502.95 $502.95 $483.60 $24,663Â TOTAL AMOUNT DUE - - - > $ 26,153.30 = = ,A = = ( I Invoice , P Paymsñt ADJ , C Credit ) 12:00:09PM 12/03/2020 JOINTA GALUSHA, L.L.C. 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