Preview
FILED: OSWEGO COUNTY CLERK 05/12/2021 01:13 PM INDEX NO. EFC-2021-0658
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2021
STATE OF NEW YORK
COUNTY OF OSWEGO SUPREME COURT
JOSEPH MCGRATH, SUMMONS
Plaintiff, Index No.
v. RJI No.
Judge
THERESA BROWN-KEHOE,
Defendant.
TO THE ABOVE NAMED DEFENDANT:
You are hereby summoned and required to serve upon Plaintiff's attorney, at the
address stated below, an answer to the attached Complaint.
Complaint."
The object of this action is "see annexed
If this Summons was personally served upon you in the State of New York, the
Answer must be served within twenty days after such service of the Summons, excluding
the date of service. If this Summons was not personally delivered to you within the State
of New York, the Answer must be served within thirty days after the service of the
Summons is complete as provided by law.
If you do not serve an Answer to the attached complaint within the applicable
time limitation stated above, a judgment may be entered against you, by default, for the
relief demanded in the complaint, without further notice to you.
The action will be heard in the Supreme Court of the State of New York, in and
for the County of Oswego.
This action is brought in the County of Oswego, State of New York because of
the location of the residences of the parties.
DATED: Pulaski, NY
May 12, 2021
Perry amoff
. . erry Esq.
Atto or Plaintiff
Office and P.O. Address
29 Broad Street
Pulaski, New York 13142
(315) 298-5192
and
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FILED: OSWEGO COUNTY CLERK 05/12/2021 01:13 PM INDEX NO. EFC-2021-0658
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Antonucci Law Firm LLP
By: David P. Antonucci, Esq.
Attorneys for Plaintiff
12 Public Square
Watertown, NY 13601
(315)788-7300
To: Theresa Brown Kehoe
4696 County Route 22
Lacona, New York 13086-3217
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STATE OF NEW YORK
COUNTY OF OSWEGO SUPREME COURT
VERIFIED
JOSEPH MCGRATH, COMPLAINT
Plaintiff, Index No.
v. RJI No.
Judge
THERESA BROWN-KEHOE,
Defendant.
Plaintiff JOSEPH MCGRATH (hereinafter the "Plaintiff") by his attorneys
the Perry Law Firm and the Antonucci Law Firm LLP, for a complaint against the
Defendant THERESA BROWN-KEHOE respectfully state as follows:
1. The Plaintiff is an individual with a residence in the County of
Oswego, State of New York.
2. The Defendant is an individual with an address at 4696 County Route 22,
in the Town of Lacona, County of Oswego, State of New York.
3. The Defendant received various monies and loans from the Plaintiff
totaling the sum of $13,096.86.
4. The monies were duly provided to and retained by the Defendant.
5. The Defendant promised to timely repay the sums provided to her
by the Plaintiff.
6. The Defendant has neglected and refused to pay the sums due pursuant
to the agreement between the parties. The amount of $13,096.86 is stilldue and owing.
7. The Plaintiff has duly demanded the sums be repaid. Said demands have
been ignored.
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FILED: OSWEGO COUNTY CLERK 05/12/2021 01:13 PM INDEX NO. EFC-2021-0658
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2021
8. The Plaintiff performed all hi duties, if any, to the Defendant.
FOR A FIRST CAUSE OF ACTION
BREACH OF CONTRACT
9. Plaintiff repeats and realleges paragraph one through eight above as if
fully set forth herein.
10. Plaintiff entered into a contract with the Defendant to repay money
loaned to her for various purposes.
11. Defendant accepted, used and retained the monies loaned but has not
repaid the same.
12. Plaintiff is entitled to a judgment against the Defendant in the amount of
$13,096.86 together with interest plus the costs and disbursements of this action
including reasonable attorney's fees or as proof may show at trial.
FOR A SECOND CAUSE OF ACTION
QUANTUM MERUIT
13. Plaintiff repeats and realleges paragraph one through twelve above as if
fully set forth herein.
14. Plaintiff tendered monies to the Defendant.
15. The Defendant has not paid or repaid the full reasonable value of the
monies loaned or advanced.
16. The Defendant has been unjustly enriched by retaining the monies without
paying or repaying the full reasonable value thereof.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2021
17. Plaintiff is entitled to a judgment against the Defendant in the amount of
$13,096.86 together with interest plus the costs and disbursements of this action
including reasonable attorney's fees or as proof may show at trial.
FOR A THIRD CAUSE OF ACTION
ACCOUNT STATED
18. Plaintiff repeats and realleges paragraph one through seventeen above as if
fully set forth herein.
19. Plaintiff tendered various demands for payment to the Defendant and/or
her agents.
20. The same were accepted without objection.
21. As such, an account stated exists between the parties.
22. Plaintiff is entitled to a judgment against the Defendant in the amount of
$13,096.86 together with interest plus the costs and disbursements of this action
including reasonable attorney's fees or as proof may show at trial.
WHEREFORE, the Plaintiff demands judgment on each cause of action in the
amount of $13,096.86 together with interest plus the costs and disbursements of this
action and such other and further relief as the court finds just and proper.
DATED: Pulaski, NY
May 12, 2021
Perry L w-OfRee
B . w . try Esq.
Attorney or laintiff
Office nd P.O. Address
29 Broad Street
Pulaski, New York 13142
(315) 298-5192
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2021
and
Antonucci Law Firm LLP
By: David P. Antonucci, Esq.
Attorneys for Plaintiff
12 Public Square
Watertown, NY 13601
(315)788-7300
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2021
VERIFICATION
STATE OF NEW YORK )
COUNTY OF OSWEGO )
Joseph M. McGrath, being duly sworn, deposes and says: I am the Petitioner in this proceeding.
I have read the foregoing petition and known the contents thereof. The same are true to my
knowledge, except as to matters therein stated to be alleged on information and belief, and as to
those matters I believe them to be true.
J M. 1 Gratl
Notary P
EDWARD B.
Notary Public, PERRY
New York
Madison Cty. State
commission #02PE6301996
Exp.
04128120
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Preview
FILED: OSWEGO COUNTY CLERK 05/12/2021 01:13 PM INDEX NO. EFC-2021-0658 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2021 STATE OF NEW YORK COUNTY OF OSWEGO SUPREME COURT JOSEPH MCGRATH, SUMMONS Plaintiff, Index No. v. RJI No. Judge THERESA BROWN-KEHOE, Defendant. TO THE ABOVE NAMED DEFENDANT: You are hereby summoned and required to serve upon Plaintiff's attorney, at the address stated below, an answer to the attached Complaint. Complaint." The object of this action is "see annexed If this Summons was personally served upon you in the State of New York, the Answer must be served within twenty days after such service of the Summons, excluding the date of service. If this Summons was not personally delivered to you within the State of New York, the Answer must be served within thirty days after the service of the Summons is complete as provided by law. If you do not serve an Answer to the attached complaint within the applicable time limitation stated above, a judgment may be entered against you, by default, for the relief demanded in the complaint, without further notice to you. The action will be heard in the Supreme Court of the State of New York, in and for the County of Oswego. This action is brought in the County of Oswego, State of New York because of the location of the residences of the parties. DATED: Pulaski, NY May 12, 2021 Perry amoff . . erry Esq. Atto or Plaintiff Office and P.O. Address 29 Broad Street Pulaski, New York 13142 (315) 298-5192 and 1 of 7 FILED: OSWEGO COUNTY CLERK 05/12/2021 01:13 PM INDEX NO. EFC-2021-0658 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2021 Antonucci Law Firm LLP By: David P. Antonucci, Esq. Attorneys for Plaintiff 12 Public Square Watertown, NY 13601 (315)788-7300 To: Theresa Brown Kehoe 4696 County Route 22 Lacona, New York 13086-3217 2 of 7 FILED: OSWEGO COUNTY CLERK 05/12/2021 01:13 PM INDEX NO. EFC-2021-0658 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2021 STATE OF NEW YORK COUNTY OF OSWEGO SUPREME COURT VERIFIED JOSEPH MCGRATH, COMPLAINT Plaintiff, Index No. v. RJI No. Judge THERESA BROWN-KEHOE, Defendant. Plaintiff JOSEPH MCGRATH (hereinafter the "Plaintiff") by his attorneys the Perry Law Firm and the Antonucci Law Firm LLP, for a complaint against the Defendant THERESA BROWN-KEHOE respectfully state as follows: 1. The Plaintiff is an individual with a residence in the County of Oswego, State of New York. 2. The Defendant is an individual with an address at 4696 County Route 22, in the Town of Lacona, County of Oswego, State of New York. 3. The Defendant received various monies and loans from the Plaintiff totaling the sum of $13,096.86. 4. The monies were duly provided to and retained by the Defendant. 5. The Defendant promised to timely repay the sums provided to her by the Plaintiff. 6. The Defendant has neglected and refused to pay the sums due pursuant to the agreement between the parties. The amount of $13,096.86 is stilldue and owing. 7. The Plaintiff has duly demanded the sums be repaid. Said demands have been ignored. 3 of 7 FILED: OSWEGO COUNTY CLERK 05/12/2021 01:13 PM INDEX NO. EFC-2021-0658 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2021 8. The Plaintiff performed all hi duties, if any, to the Defendant. FOR A FIRST CAUSE OF ACTION BREACH OF CONTRACT 9. Plaintiff repeats and realleges paragraph one through eight above as if fully set forth herein. 10. Plaintiff entered into a contract with the Defendant to repay money loaned to her for various purposes. 11. Defendant accepted, used and retained the monies loaned but has not repaid the same. 12. Plaintiff is entitled to a judgment against the Defendant in the amount of $13,096.86 together with interest plus the costs and disbursements of this action including reasonable attorney's fees or as proof may show at trial. FOR A SECOND CAUSE OF ACTION QUANTUM MERUIT 13. Plaintiff repeats and realleges paragraph one through twelve above as if fully set forth herein. 14. Plaintiff tendered monies to the Defendant. 15. The Defendant has not paid or repaid the full reasonable value of the monies loaned or advanced. 16. The Defendant has been unjustly enriched by retaining the monies without paying or repaying the full reasonable value thereof. 4 of 7 FILED: OSWEGO COUNTY CLERK 05/12/2021 01:13 PM INDEX NO. EFC-2021-0658 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2021 17. Plaintiff is entitled to a judgment against the Defendant in the amount of $13,096.86 together with interest plus the costs and disbursements of this action including reasonable attorney's fees or as proof may show at trial. FOR A THIRD CAUSE OF ACTION ACCOUNT STATED 18. Plaintiff repeats and realleges paragraph one through seventeen above as if fully set forth herein. 19. Plaintiff tendered various demands for payment to the Defendant and/or her agents. 20. The same were accepted without objection. 21. As such, an account stated exists between the parties. 22. Plaintiff is entitled to a judgment against the Defendant in the amount of $13,096.86 together with interest plus the costs and disbursements of this action including reasonable attorney's fees or as proof may show at trial. WHEREFORE, the Plaintiff demands judgment on each cause of action in the amount of $13,096.86 together with interest plus the costs and disbursements of this action and such other and further relief as the court finds just and proper. DATED: Pulaski, NY May 12, 2021 Perry L w-OfRee B . w . try Esq. Attorney or laintiff Office nd P.O. Address 29 Broad Street Pulaski, New York 13142 (315) 298-5192 5 of 7 FILED: OSWEGO COUNTY CLERK 05/12/2021 01:13 PM INDEX NO. EFC-2021-0658 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2021 and Antonucci Law Firm LLP By: David P. Antonucci, Esq. Attorneys for Plaintiff 12 Public Square Watertown, NY 13601 (315)788-7300 6 of 7 FILED: OSWEGO COUNTY CLERK 05/12/2021 01:13 PM INDEX NO. EFC-2021-0658 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2021 VERIFICATION STATE OF NEW YORK ) COUNTY OF OSWEGO ) Joseph M. McGrath, being duly sworn, deposes and says: I am the Petitioner in this proceeding. I have read the foregoing petition and known the contents thereof. The same are true to my knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters I believe them to be true. J M. 1 Gratl Notary P EDWARD B. Notary Public, PERRY New York Madison Cty. State commission #02PE6301996 Exp. 04128120 7 of 7