Complaint,Petition: Bankers Healthcare Group, Llc v. Hyatt Emergency Staffing Services, L.L.C., Andrew B Hyatt

On August 27, 2021 a Complaint,Petition was filed involving a dispute between Bankers Healthcare Group, Llc, and Andrew B Hyatt, Hyatt Emergency Staffing Services, L.L.C., for Commercial - Business Entity in the District Court of Onondaga County.

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FILED: ONONDAGA COUNTY CLERK 08/27/2021 02:49 PM INDEX NO. 007600/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTYOFONONDAGA
Index No.:

BANKERS HEALTHCARE GROUP, LLC Date Filed:

201 Solar Street

Syracuse, New York 13204 Plaintiff designates Onondaga

Plaintiff, County as the place of trial
-vs-

The basis of venue is

HYATT EMERGENCY STAFFING SERVICES, L.L.C. principle place of

& ANDREW B. HYATT plaintiff's business

407 Yupic Lane

Cape Girardeau, Missouri 63701

Defendants.

SUMMONS

Plaintiff maintains an office

for the conduct of business at

Syracuse, County of Onondaga

New York 13204

TO THE ABOVE NAMED DEFENDANTS: HYATT EMERGENCY STAFFING SERVICES,
L.L.C. & ANDREW B. HYATT

YOU ARE HEREBY SUMMONED to answer the complaint in this action and 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 attorneys within twenty (20) days after the service of this summons, exclusive of the day of

service (or within 30 days after the service is complete if thissummons is not personally delivered to you

within the State of New York); and in case of your failure to appear or answer, judgment will be taken

against you by default for the relief demanded herein.

Dated: August 20, 2021

Christopher J. Cali, Esq.

CJC Law Office

201 Solar Street

Syracuse, New York 13204

Telephone: (315) 877-9360

Fax: (315) 314-8736

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FILED: ONONDAGA COUNTY CLERK 08/27/2021 02:49 PM INDEX NO. 007600/2021
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DEFENDANTS'
ADDRESSES:

HYATT EMERGENCY STAFFING SERVICES, L.L.C.

407 Yupic Lane

Cape Girardeau, Missouri 63701

ANDREW B. HYATT
407 Yupic Lane

Cape Girardeau, Missouri 63701

NOTICE: The nature of this action is for (1) breach of Financing Agreement, and (2) breach of

Personal Guaranty.

The relief sought isjudgment.

UPON YOUR FAILURE TO APPEAR, JUDGMENT WILL BE TAKEN AGAINST YOU BY
DEFAULT FOR THE SUM OF $166,530.20 TOGETHER WITH INTEREST THEREON,
REASONABLE ATTORNEYS FEES, AND THE COST OF THIS ACTION.

P¯úR5UANTTO 15 U.S.C. 1692 ET SEQ.,
YOU ARE HEREBY NOTIFIED THAT THIS CORRESPG DE t¯E
IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION
OBTAINED WILL BE USED FORTHAT PURPOSE.

YOU ARE HEREBY ADVISED THAT:

1. UNLESS YOU, WITHIN THIRTY (30) DAYSAFTER RECEIPT OF THIS NOTICE, DISFUTE THE VALIDITY OF THIS DEBT, OR ANY PORTION
THEREOF, THIS DEBT WILL BE ASSUMEDTO BE VALID BY US.

2. IF YOUNOTIFY USIN WRITING WITHIN THE THIRTY (30) DAY PERIODTHAT THE DEBT ORANY PORTION THEREOFIS DISPUTED, WE WILL
OBTAIN VERIFICATION OF THE DEBT ORA COPYOF THE]UDGMENT AGAINST YOUAND MAIL SUCH VERIFICATION OR COPYTO YOU,

3. UPON YOURWRITTEN REQUEST WITHIN THE THIRTY (30) DAY PERIOD, WE WILL PROVIDEYOU WITH THE NAME AND ADDRESSOF THE
ORIGINAL CREDITOR,lF DIFFERENT FROM THE CURRENT CREDFIDR,

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FILED: ONONDAGA COUNTY CLERK 08/27/2021 02:49 PM INDEX NO. 007600/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OFONONDAGA . ..

BANKERS HEALTHCARE GROUP, LLC

Plaintiff,

vs. VERIFIED COMPLAINT

HYATT EMERGENCY STAFFING SERVICES, L.L.C.

& ANDREW B. HYATT

Defendants.

The plaintiff, Bankers Healthcare Group, LLC (hereinafter referred to as "BHG"), complains of

HYATT EMERGENCY STAFFING SERVICES, L.LC. & ANDREW B. HYATT, defendants

and alleges as follows:

PARTIES

1. That at all times hereinafter mentioned, Plaintiff BHG is a Florida corporation with

principal offices at 201 Solar Street, Syracuse, New York 13204, and 10234 West State

Road 84, Davie, Florida 33324, and (ii)authorized to do business in the State of New York.

2. That at all times hereinafter mentioned, upon information and belief, that Defendant

HYATT EMERGENCY STAFFING SERVICES, LLC. is a Missouri Limited Liability

Company with itsprinciple place of business located at 407 Yupic Lane, Cape Girardeau,

Missouri 63701.

3. That at all times hereinafter mentioned, upon information and belief, that Defe

ANDREW B. HYATT is an adult resident citizen of the State of Missouri, with a residence

located at 407 Yupic Lane, Cape Girardeau, Missouri 63701.

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FILED: ONONDAGA COUNTY CLERK 08/27/2021 02:49 PM INDEX NO. 007600/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021

JURISDICTION, VENUE, AND SERVICE

4. Jurisdiction, venue, and the manner of service in this case is established by the terms of the

Financing Agreement, Promissory Note/Security Agreement/Personal Guarantee between

the parties dated March 19, 2020, as referenced hereinbelow and as submitted herewith as

"A."
Exhibit

5. Specifically, "IL SECURITY AGREEMENT, APPLICABLE LAW, JURISDICTION

AND VENUE, provides in pertinent part as follows:

Debtor agrees to submit to the personal jurisdiction of the appropriate court in the State of

New York, Onondaga County or State of Florida, Broward County, for all such disputes.

Debtor expressly waives personal service of process and authorizes service of process on

Debtor by registered mail or certified mail or overnight delivery by a national delivery

service sent to Debtor's address as set forth in the introductory paragraph of this

Agreemêñt or such other manner as may be permitted under applicable law.

(hereinafter the "Service Provision")

AS AND FOR A FIRST CAUSE OF ACTION

(BREACH OF FINANCING AGREEMENT)

6. That upon information and belief, on or about March 19, 2020, Defendant HYATT

EMERGENCY STAFFING SERVICES, LLC., made, executed and delivered to BHG a

Promissory Note (the "Note") for the total sum of Three Hundred Fifty Thousand, Two

Hundred Thirty-Eight DOLLARS and NO CENTS ($350,238.00). As set forth above, a

"A"
true, accurate, correct and genuine copy of the Note is attached hereto as Exhibit and is

incorporated by reference as though fully set forth herein.

7. That upon information and belief, pursuant to the terms of the Note, Defendant HYATT

EMERGENCY STAFFING SERVICES, LLC. agreed to make One Hundred Twenty

(120) monthly payments of $2,918.65 each, commêñcing on April 25, 2020.

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FILED: ONONDAGA COUNTY CLERK 08/27/2021 02:49 PM INDEX NO. 007600/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021

8. That upon information and belief, on or about March 19, 2020, Defendant HYATT

EMERGENCY STAFFING SERVICES, L.L.C., made, execute and delivered a written

Security Agreement (the "Security Agreement"), which Security Agreement provided a

security to BHG for HYATT EMERGENCY STAFFING SERVICES, L.L.C.'s payment

and performance obligations under the terms and conditions of the Note. The Security

Agreenient provided BHG a security interest in allthe right, titleand interest of the Debtor

in and to Accounts Receivable, Inventory, Instruments, Equipment, Intangibles, Accounts,

Chattel Paper, Good Will, Fixtures, Specific Property, and All Property of Debtor and all

proceeds thereof (collectively, the "Collateral"). A true, accurate, correct and genuine copy
"A"
of the Security Agreement is attached hereto as Exhibit and is incorporated by

reference as though fully set forth herein.

9. That the Financing Agreement provides that any payrñent due and owing thereunder not

made when due shall constitute an Event of Default. Moreover, the Note explicitly

provides that any payment not made when due shall bear late charges thereon calculated at

the rate of ten (10%) per month, but not to exceed the highest rate permitted by relevant

law.

10. That the Financing Agreenient further provide that upon any Event of Default thereafter,

BHG may accelerate all indebtedness due and owing under these Notes with HYATT

EMERGENCY STAFFING SERVICES, L.L.C.

11. That Defendant HYATT EMERGENCY STAFFING SERVICES, L.L.C. has failed to

comply with the clear and unambiguous terms and conditions of the Fiñancing Agreemcñt

by, among other things, failing to make timely payrñents due and owing to BHG

thereunder.

12. That Defendant HYATT EMERGENCY STAFFING SERVICES, LL.C.'s, failure to

make paymcñts to BHG constitutes an Event of Default pursuant to page 2, Default

Section, of the Financing Agreement.

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FILED: ONONDAGA COUNTY CLERK 08/27/2021 02:49 PM INDEX NO. 007600/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021

13. That upon Default, BHG provided a Demand Letter giving Notice of Default to Defendant

HYATT EMERGENCY STAFFING SERVICES, L.L.C. addressed to the attention of its

principal that ANDREW B. HYATT. A true, accurate, and correct copy of the Demand

"B"
Letter is attached hereto as Exhibit and is incorporated by reference as though fully set

forth herein. Despite BHG's demand, Defendant HYATT EMERGENCY STAFFING

SERVICES, L.L.C., failed to tender payment to BHG to cure the full Default under the

Financing Agreement.

14. That as a result of Defendants HYATT EMERGENCY STAFFING SERVICES, L.L.C.'s

default, BHG declared the entire indebtedness arising under the Financing Agreement to be

immediately due and payable. Accordingly, as of August 20, 2021, there isjustly due and

owing to BHG by Defendant HYATT EMERGENCY STAFFING SERVICES, L.L.C., an

amount equal to, but not less than $166,530.20, inclusive of late charges, per diem interest,

and costs (hereinafter the "Indebtedness").

15. That the Indebtedness, as of August 20, 2021 is separately itemized as follows:

Principal Balance Due Upon Default: $159,696.41

Per Diem Interest ($74.34/day) $6,541.92 (May 25, 2021 through

August 20, 2021)

Late Charges: $291.87

Total (August 20, 2021) $166,530.20

16. That BHG has performed all conditions, covenants and promises required of itunder the

terms and conditions of the Financing Agreement.

AS AND FOR A SECOND CAUSE OF ACTION

(BREACH OF PERSONAL GUARANTY)

17. Plaintiff repeats and re-alleges the allegations of paragraphs 1 through 16 above as

if set forth herein at length.

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FILED: ONONDAGA COUNTY CLERK 08/27/2021 02:49 PM INDEX NO. 007600/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021

18. That on or about March 19, 2020, that Defendant ANDREW B. HYATT made, executed and

delivered a written Personal Guaranty (the "Guaranty") in favor of BHG, pursuant to which

Defendant ANDREW B. HYATT absolutely guaranteed full payment and full performance

of Defendant HYATT EMERGENCY STAFFING SERVICES, L.L.C.'s obligations under

the Flilaiicing Agreement. As well as payment of allamounts owed to BHG then and at any

future time. A true, accurate, correct and genuine copy of the Guaranty is attached hereto as

"A"
Exhibit and is incorporated by refereiice as though fully set forth herein.

19. That in the Guaranty, Defendant ANDREW B. HYATT expussly agreed to "absolutely,

irrevocably and unconditionally promises to pay and guaranty the full and prompt payment

of all of the debt...when due...without limitation all principal, accrued interest, attorney's

fees and collection and court costs that may become due from Debtor to Creditor in collecting
Debt."
the

20. That BHG provided notice of Defendant HYATT EMERGENCY STAFFING SERVICES,

L.L.C.'s default to that ANDREW B. HYATT. A true, accurate, genuine and correct copy of

"B"
the Defendant ANDREW B. HYATT's Notice of Default is attached hereto as Exhibit

and is incorporated by reference as though fully set forth herein. Despite BHG's notice of

Defendant HYATT EMERGENCY STAFFING SERVICES, L.L.C.'s default and its

demand that Defendant ANDREW B. HYATT comply with their obligations under the

Guaranty, that Defendant ANDREW B. HYATT has failed to tender the full amount of the

indebtedness to BHG as they are required to do.

21. That BHG has performed all conditions, covenants and promises required of it under the

terms and conditions of the Guaranty.

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FILED: ONONDAGA COUNTY CLERK 08/27/2021 02:49 PM INDEX NO. 007600/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021

22. WHEREFORE, plaintiff demands judgment against the defendants as follows:

A. On the FirstCause of Action, judgment against Defendants in the sum of $166,530.20

together with legal interest thereon.

B. On the Second Cause of Action, judgment against Defendants in the sum of

$166,530.20 together with legal interest thereon.

C. Costs and disbursements of this action.

D. That the Plaintiff have such other and further relief as the Court deems equitable and

proper.

DATED: August 20, 2021 __
Christopher J. Cali, Esq.
CJC Law Office
201 Solar Street

Syracuse, New York 13204
Telephone: (315) 877-9360
Fax: (315) 314-8736

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Complaint,Petition: Bankers Healthcare Group, Llc v. Hyatt Emergency Staffing Services, L.L.C., Andrew B Hyatt

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