On April 09, 2021 a
Complaint,Petition
was filed
involving a dispute between
Buffalo Energy Savers, Inc.,
and
Calamar Construction Services, Inc.,
for Commercial - Contract
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 04/09/2021 09:33 AM INDEX NO. 804676/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021
THIS ACTION IS WITHIN THE JURISDICTION
OF THE WITHIN NAMED COURT
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE Index No.
BUFFALO ENERGY SAVERS, INC.
450 HEMSTEAD STREET
EAST AURORA NY 14052
Plaintiff
-against-
SUMMONS
Served with Complaint
CALAMAR CONSTRUCTION SERVICES, INC.
3949 FOREST PARKWAY SUITE 100
NORTH TONA ANDA NY 14120
Defendant(s)
To the above nafned Defendant(s):
YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiffs
attorney, at the address stated below, a written Answer to the attached Complaint.
If this Summons is served upon you within the State of New York by personal service
you must responçl within TWENTY (20) days after service, not counting the day of service. If
this Summons is not personally delivered to you within the State of New York you must respond
within THIRT (30) days after service is completed, as provided by law.
If you do not respond to the attached Complaint within the applicable time limitation
stated above a Júdgment will be entered against you, by default, for the relief demanded in the
Complaint, witlyut further notice to you.
This action is brought in the County of Erie because of:
[ X ] Plaintiff s place of business; [ ] Defendant's residence; place of
Business
[ ] Designation made by Plaintiff.
DATED: April 1, 2021
FRANCIS P. WEIMER, ESQ.
Attorney for Plaintiff
Office, Post officeAddress and Telephone
43 Court Street, Suite 730
Buffalo, NY 14202-3172
(716) 854-3015
Francis P. eimer, Esq.
1 of 2
FILED:S_TATE ERIEOF COUNTY
NEW YORKCLERK: SUPREME 04/09/2021
COURT 09:33
: COUNTY OF AM
ERIE
INDEX NO. 804676/2021
NYSCEF BUFFALO
DOC. NO. 1ENERGY SAVERS, INC. RECEIVED NYSCEF: 04/09/2021
450 BEMSTEAD STREET
EAST AURORA NY 14052 Plaintiff,
-against-
COMPLAINT
CALAMAR CONSTRUCTION SERVICES, INC.
3949 FOREST PARKWAY SUITE 100
NORTH TONAWANDA NY 14120
Defeñdant(s)
The above-named Plaintifffor a cause of action against the above-named dcfcñdañt(s) alleges upon information
and belief:
1. That during alltimes hereinafter mentioned, Plaintiff was and now isa corporation with address as set out
and the D ==+ was and now isa corporation with address as set out above.
above;
2. That on or prior tothe 23rd day ofJanuary, 2020, and within six years last past,Plaintiff at the special
instance and request of sold and delivered to the D±A==+ wares and merchandise of the
Defendant(s) goods,
value and-agreest-price of$29,173.25,_which sum said Defendant(s) promised and agreed to pay Plaintiff
and that no part thereof has been iaWntiheredfhas bWen danwded.--
therefor; paid3thou¯g dttly
3. That heretofore and prior to the cm --
-creeñt of thisaction Plaintiff stated and rendered to said
Defendant(s) a statement of said claim which Defendant(s) accepted and has (have) retaiñcd ever since without
objection.
WHEREFORE, Plaintiff demands Judgment against Defendant(s) for $29,173.25, with interest on
$29,173.25 from the 23rd day of January, 2020, besides the costs of thisaction.
FRANCIS P. WEIMER, ESQ.
Attorney for Plaintiff
43 Court Street, Suite 730
Buffalo, NY 14202
(716) 85
By:
Francis P. Weimer, Esq.
State of New York: Verification
County of Erie :
City of Buffalo :ss.:
. Renee A. Malik, being duly sworn, deposes and says that he/she is thePresident ofPlaintiffinthis action,thathe/she has
read the foregoing Compldnt and knows the contents thereof;that thesame istrue tothe knowledge ofdepcñêñt, except as
to matters statedto be alleged upon inf-mtich and belief and as tothose ma rs he/shebelieves itto be e.
A
Renee A. Malik
Sworn to beforeme this day of April,2021
Notary Public, FT f 2, County, N.Y., My Comm. Expires b 2 202Â
LAURIE H. MONIN
of New York -
Notary State
Public,
No. 01MO6304887
Registration
Qualifiedin Erie
County
Cornmission ExpiresJune 02, o Û2d
2 of 2
Document Filed Date
April 09, 2021
Case Filing Date
April 09, 2021
Category
Commercial - Contract
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Preview
FILED: ERIE COUNTY CLERK 04/09/2021 09:33 AM INDEX NO. 804676/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 THIS ACTION IS WITHIN THE JURISDICTION OF THE WITHIN NAMED COURT STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE Index No. BUFFALO ENERGY SAVERS, INC. 450 HEMSTEAD STREET EAST AURORA NY 14052 Plaintiff -against- SUMMONS Served with Complaint CALAMAR CONSTRUCTION SERVICES, INC. 3949 FOREST PARKWAY SUITE 100 NORTH TONA ANDA NY 14120 Defendant(s) To the above nafned Defendant(s): YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiffs attorney, at the address stated below, a written Answer to the attached Complaint. If this Summons is served upon you within the State of New York by personal service you must responçl within TWENTY (20) days after service, not counting the day of service. If this Summons is not personally delivered to you within the State of New York you must respond within THIRT (30) days after service is completed, as provided by law. If you do not respond to the attached Complaint within the applicable time limitation stated above a Júdgment will be entered against you, by default, for the relief demanded in the Complaint, witlyut further notice to you. This action is brought in the County of Erie because of: [ X ] Plaintiff s place of business; [ ] Defendant's residence; place of Business [ ] Designation made by Plaintiff. DATED: April 1, 2021 FRANCIS P. WEIMER, ESQ. Attorney for Plaintiff Office, Post officeAddress and Telephone 43 Court Street, Suite 730 Buffalo, NY 14202-3172 (716) 854-3015 Francis P. eimer, Esq. 1 of 2 FILED:S_TATE ERIEOF COUNTY NEW YORKCLERK: SUPREME 04/09/2021 COURT 09:33 : COUNTY OF AM ERIE INDEX NO. 804676/2021 NYSCEF BUFFALO DOC. NO. 1ENERGY SAVERS, INC. RECEIVED NYSCEF: 04/09/2021 450 BEMSTEAD STREET EAST AURORA NY 14052 Plaintiff, -against- COMPLAINT CALAMAR CONSTRUCTION SERVICES, INC. 3949 FOREST PARKWAY SUITE 100 NORTH TONAWANDA NY 14120 Defeñdant(s) The above-named Plaintifffor a cause of action against the above-named dcfcñdañt(s) alleges upon information and belief: 1. That during alltimes hereinafter mentioned, Plaintiff was and now isa corporation with address as set out and the D ==+ was and now isa corporation with address as set out above. above; 2. That on or prior tothe 23rd day ofJanuary, 2020, and within six years last past,Plaintiff at the special instance and request of sold and delivered to the D±A==+ wares and merchandise of the Defendant(s) goods, value and-agreest-price of$29,173.25,_which sum said Defendant(s) promised and agreed to pay Plaintiff and that no part thereof has been iaWntiheredfhas bWen danwded.-- therefor; paid3thou¯g dttly 3. That heretofore and prior to the cm -- -creeñt of thisaction Plaintiff stated and rendered to said Defendant(s) a statement of said claim which Defendant(s) accepted and has (have) retaiñcd ever since without objection. WHEREFORE, Plaintiff demands Judgment against Defendant(s) for $29,173.25, with interest on $29,173.25 from the 23rd day of January, 2020, besides the costs of thisaction. FRANCIS P. WEIMER, ESQ. Attorney for Plaintiff 43 Court Street, Suite 730 Buffalo, NY 14202 (716) 85 By: Francis P. Weimer, Esq. State of New York: Verification County of Erie : City of Buffalo :ss.: . Renee A. Malik, being duly sworn, deposes and says that he/she is thePresident ofPlaintiffinthis action,thathe/she has read the foregoing Compldnt and knows the contents thereof;that thesame istrue tothe knowledge ofdepcñêñt, except as to matters statedto be alleged upon inf-mtich and belief and as tothose ma rs he/shebelieves itto be e. A Renee A. Malik Sworn to beforeme this day of April,2021 Notary Public, FT f 2, County, N.Y., My Comm. Expires b 2 202Â LAURIE H. MONIN of New York - Notary State Public, No. 01MO6304887 Registration Qualifiedin Erie County Cornmission ExpiresJune 02, o Û2d 2 of 2