Preview
FILED: NASSAU COUNTY CLERK 09/21/2021 10:04 AM INDEX NO. 612012/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/21/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------- -------X Index No.:
JPMORGAN CHASE BANK, N.A., Date of Filing:
Plaintiff, Plaintiff designates Nassau
County as the place of trial.
-against-
The basis of the venue
IRIS SALON, INC. and IRIS SLOTKIN, is the Plaintiff's place
business.
Defendants.
----------------------------------- X SUMMONS
TOTHEABOVENAMEDDEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this
action and to serve a copy of your Answer, or, if the Complaint is not served with
this Summons, to serve a Notice of Appearance on the plaintiff's attorney within
twenty (20) days after the service of this Summons, exclusive of the day of service
(or within thirty (30) days after the service is complete if this Summons 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 in the Complaint.
Dated: Garden City, New York
September 21, 2021
Yours, etc.,
Bonchonsky & Zaino, LLP
By: ls/ Leonard P. _Marinello
Leonard P. Marinello, Esq.
Attorneys for Plaintiff
JPMorgan Chase Bank, N.A.
226 Seventh Street
Garden City, New York 11530
516-747-1400
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TO: IRIS SALON, INC.
3555 Merrick Road
Seaford, New York 11783
IRIS SLOTKIN
48 Trescott Street
Dix Hills, New York 11746
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
______________________¬--------------------------------------X
JPMORGAN CHASE BANK, N.A., Index No.
Plaintiff, COMPLAINT
-against-
IRIS SALON, INC. and IRIS SLOTKIN,
Defendants.
-------------- ----------------------------------------X
The plaintiff, JPMORGAN CHASE BANK, N.A., by its attorneys,
BONCHONSKY & ZAINO, LLP, complaining of the Defendants herein, respectfully
alleges:
1. Prior to and at all times hereinafter mentioned, the plaintiff, JPMorgan
"Plaintiff"
Chase Bank, N.A. (hereinafter or "CHASE"), is a national banking
association with its main office at 1111 Polaris Parkway, Columbus, Ohio 43271
and a place of business in New York in the County of Nassau State of New York.
2. Upon information and belief, prior to and at all times hereinafter
mentioned, the defendant, IRIS SALON, INC. (hereinafter "lRIS SALON"), is a
domestic business corporation with a place of business at 3555 Merrick Road,
Seaford, County of Nassau, State of New York.
3. Upon information and belief, prior to and at all times hereinafter
mentioned, the defendant, IRIS SLOTKIN (hereinafter "SLOTKIN"), is an individual
residing at 48 Trescott Street, Dix Hills, County of Suffolk, State of New York.
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AS AND FOR ITS FIRST CAUSE OF ACTION AGAINST
IRIS SALON. INC.
4. On or about March 24, 2015, for value received in connection with the
extension of credit by CHASE, the defendant, IRIS SALON, executed and delivered
to CHASE a Line of Credit Note and Credit Agreement in the principal amount of
$203,100.00 (the "Contract 1"), copies of which are collectively annexed hereto and
made a part hereof as Exhibit "A".
5. The Contract 1 provides that IRIS SALON promises to pay CHASE
the principal amount of the Contract 1, with interest on the unpaid principal balance
computed at the rate of 5.714% Per Annum above the Index, which is defined as
the LIBOR Rate, but in no event higher than the maximum permitted under
applicable law.
6. The Contract 1 also provides for late charges in the amount of 5.000%
of the regularly scheduled payment or $25.00, whichever is greater.
7. IRIS SALON has breached its contract with CHASE and has defaulted
under the terms and conditions of the Contract 1 by failing to make required
payments of principal and interest.
8. By reason of the foregoing IRIS SALON is liable to CHASE on the
Contract 1, in the principal amount of $55,328.41, plus interest in the amount of
$1,303.12, and late fees/charges of $2,004.19, for a total as of September 17, 2021
in the amount of $58,635.72, plus interest on the principal balance of $55,328.41
from and after September 18, 2021 at the rate of interest equal to 5.714% per
annum above the LIBOR Rate, plus additional late fees/charges, no part of which
has been paid although due and duly demanded.
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AS AND FOR ITS SECOND CAUSE OF ACTION AGAINST
IRIS SALON. INC.
9. On or about May 11, 2015, for value received in connection with the
extension of credit by CHASE, the defendant, IRIS SALON, executed and delivered
to CHASE a Line of Credit Note and Credit Agreement in the principal amount of
$50,000.00 (the "Contract 2"), copies of which are collectively annexed hereto and
made a part hereof as Exhibit "B".
10. The Contract 2 provides that IRIS SALON promises to pay CHASE
the principal amount of the Contract 2, with interest on the unpaid principal balance
computed at the rate of 3.80% Per Annum above the Prime Rate, but in no event
higher than the maximum permitted under applicable law.
11. The Contract 2 also provides for late charges in the amount of 5.00%
of the payment due or $25.00, whichever is greater, up to the maximum amount of
$250.00 per late charge.
12. IRIS SALON has breached its contract with CHASE and has defaulted
under the terms and conditions of the Contract 2 by failing to make required
payments of principal and interest.
13. By reason of the foregoing, IRIS SALON is liable to CHASE on the
Contract 2, in the principal amount of $29,477.62, plus interest in the amount of
$1,075.66, and late fees/charges of $807.29, for a total due as of September 17,
2021 in the amount of $31,360.57, plus interest on the principal balance of
$29,477.62 from and after September 18, 2021 at the rate of interest equal to
3.80% per annum above the Prime Rate, plus additional late fees/charges, no part
of which has been paid although due and duly demarided.
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AS AND FOR ITS THIRD CAUSE OF ACTION AGAINST
IRIS SLOTKIN
14. Plaintiff repeats and realleges each and every allegation contained in
Paragraphs 1 through 13 as though fully set forth herein.
15. On or about March 24, 2015, in connection with the execution and
delivery of the Contract 1, the defendant, SLOTKIN, executed and delivered to
CHASE an abso!ute, unconditional, continuing and unlimited Commercial Guaranty
(the "Guaranty 1") of payment for the debts and obligaticñs of IRIS SALON. A copy
of the Guaranty 1 is annexed hereto and made a part hereof as Exhibit "C".
16. On or about May 11, 2015, in connection with the execution and
delivery of the Contract 2, the defendant, SLOTKIN, executed and delivered to
CHASE an absolute, unconditional and unlimited Continuing Guaranty (the
"Guaranty 2") of payment for the debts and obligations of IRIS SALON. A copy of
the Guaranty 2 is annexed hereto and made a part hereof as Exhibit "D".
17. By reason of the foregoing, SLOTKIN is liable to CHASE as follows:
(i) on the Contract 1, in the principal amount of $55,328.41, plus interest in the
amount of $1,303.12, and late fees/charges of $2,004.19, for a total as of
September 17, 2021 in the amount of $58,635.72, plus interest on the priñcipal
balance of $55,328.41 from and after September 18, 2021 at the rate of interest
equal to 5.714% per annum above the LIBOR Rate, plus additional late
fees/charges, no part of which has been paid although due and duly demanded;
and
(ii) on the Contract 2, in the principal amount of $29,477.62, plus interest in the
amount of $1,075.66, and late fees/charges of $807.29, for a total due as of
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September 17, 2021 in the amount of $31,360.57, plus interest on the principal
balance of $29,477.62 from and after September 18, 2021 at the rate of interest
equal to 3.80% per annum above the Prime Rate, plus additional late fees/charges,
no part of which has been paid although due and duly demanded.
AS AND FOR ITS FOURTH CAUSE OF ACTION AGAINST
IRIS SALON, INC. and IRIS SLOTKIN
18. Plaintiff repeats and realleges each and every allegation contained in
paragraphs 1 to 17 as though fully set forth herein.
19. Pursuant to the terms of the Contracts and Guaranty agreements, the
defendants, IRIS SALON and SLOTKIN, agreed to pay all costs of co!!ection
attorneys'
incurred by CHASE, including reasonable fees, in the event an attorney
was retained to enforce or collect said Contracts.
20. CHASE has incurred and continues to incur expenses, including
attorneys'
fees, which cannot be finally determined at this date but which will be
capable of determination at such time as judgment may be entered.
21. By reason of the foregoing, the defendants, IRIS SALON and
SLOTKIN, are liable to CHASE, jointly and severally, for CHASE's reas0ñable
attorneys'
fees and expenses in regard to this litigation, in such amount as may be
determined at such time as judgment may be entered.
WHEREFORE, the plaintiff, JPMORGAN CHASE BANK, N.A., demands
judgment against the defendants, IRIS SALON, INC. and IRIS SLOTKIN, jointly and
severally, on the causes of action in the Complaint as follows:
(i) on the first and third causes of action, on the Contract 1 and Guaranty
1, in the priñcipal amount of $55,328.41, plus interest in the amount of $1,303.12,
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and late fees/charges of $2,004.19, for a total as of September 17, 2021 in the
amount of $58,635.72, plus interest on the principal balance of $55,328.41 from and
after September 18, 2021 at the rate of interest equal to 5.714% per annum above
the LIBOR Rate, plus additional late fees/charges;
(ii) on the second and third causes of action, on the Contract 2 and
Guaranty 2, in the principal amount of $29,477.62, plus interest in the amount of
$1,075.66, and late fees/charges of $807.29, for a total due as of September 17,
2021 in the amount of $31,360.57, plus interest on the principal balance of
$29,477.62 from and after September 18, 2021 at the rate of interest equal to
3.80% per annum above the Prime Rate, plus additional late fees/charges;
(iii) on the fourth cause of action of the Complaint, for reasonable
attorneys'
fees and expenses of co!!ection as may be determined at such time as
judgment may be entered; and
(iv) together with costs and disbursements of this action, and such other
and further relief as this Court may deem just and proper, upon the grounds that this
is an action based upon instruments for the payment of money only which are now
due and payable.
Dated: Garden City, New York
September 21, 2021
Yours, etc.,
Bonchonsky & Zaino, LLP
By: /s/ Leonard P. Marinello
Leonard P. Marinello, Esq.
Attorneys for Plaintiff
JPMorgan Chase Bank, N.A.
226 Seventh Street
Garden City, New York 11530
516-747-1400
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Preview
FILED: NASSAU COUNTY CLERK 09/21/2021 10:04 AM INDEX NO. 612012/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------- -------X Index No.: JPMORGAN CHASE BANK, N.A., Date of Filing: Plaintiff, Plaintiff designates Nassau County as the place of trial. -against- The basis of the venue IRIS SALON, INC. and IRIS SLOTKIN, is the Plaintiff's place business. Defendants. ----------------------------------- X SUMMONS TOTHEABOVENAMEDDEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of Appearance on the plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this Summons 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 in the Complaint. Dated: Garden City, New York September 21, 2021 Yours, etc., Bonchonsky & Zaino, LLP By: ls/ Leonard P. _Marinello Leonard P. Marinello, Esq. Attorneys for Plaintiff JPMorgan Chase Bank, N.A. 226 Seventh Street Garden City, New York 11530 516-747-1400 1 of 8 FILED: NASSAU COUNTY CLERK 09/21/2021 10:04 AM INDEX NO. 612012/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/21/2021 TO: IRIS SALON, INC. 3555 Merrick Road Seaford, New York 11783 IRIS SLOTKIN 48 Trescott Street Dix Hills, New York 11746 2 2 of 8 FILED: NASSAU COUNTY CLERK 09/21/2021 10:04 AM INDEX NO. 612012/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ______________________¬--------------------------------------X JPMORGAN CHASE BANK, N.A., Index No. Plaintiff, COMPLAINT -against- IRIS SALON, INC. and IRIS SLOTKIN, Defendants. -------------- ----------------------------------------X The plaintiff, JPMORGAN CHASE BANK, N.A., by its attorneys, BONCHONSKY & ZAINO, LLP, complaining of the Defendants herein, respectfully alleges: 1. Prior to and at all times hereinafter mentioned, the plaintiff, JPMorgan "Plaintiff" Chase Bank, N.A. (hereinafter or "CHASE"), is a national banking association with its main office at 1111 Polaris Parkway, Columbus, Ohio 43271 and a place of business in New York in the County of Nassau State of New York. 2. Upon information and belief, prior to and at all times hereinafter mentioned, the defendant, IRIS SALON, INC. (hereinafter "lRIS SALON"), is a domestic business corporation with a place of business at 3555 Merrick Road, Seaford, County of Nassau, State of New York. 3. Upon information and belief, prior to and at all times hereinafter mentioned, the defendant, IRIS SLOTKIN (hereinafter "SLOTKIN"), is an individual residing at 48 Trescott Street, Dix Hills, County of Suffolk, State of New York. 1 3 of 8 FILED: NASSAU COUNTY CLERK 09/21/2021 10:04 AM INDEX NO. 612012/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/21/2021 AS AND FOR ITS FIRST CAUSE OF ACTION AGAINST IRIS SALON. INC. 4. On or about March 24, 2015, for value received in connection with the extension of credit by CHASE, the defendant, IRIS SALON, executed and delivered to CHASE a Line of Credit Note and Credit Agreement in the principal amount of $203,100.00 (the "Contract 1"), copies of which are collectively annexed hereto and made a part hereof as Exhibit "A". 5. The Contract 1 provides that IRIS SALON promises to pay CHASE the principal amount of the Contract 1, with interest on the unpaid principal balance computed at the rate of 5.714% Per Annum above the Index, which is defined as the LIBOR Rate, but in no event higher than the maximum permitted under applicable law. 6. The Contract 1 also provides for late charges in the amount of 5.000% of the regularly scheduled payment or $25.00, whichever is greater. 7. IRIS SALON has breached its contract with CHASE and has defaulted under the terms and conditions of the Contract 1 by failing to make required payments of principal and interest. 8. By reason of the foregoing IRIS SALON is liable to CHASE on the Contract 1, in the principal amount of $55,328.41, plus interest in the amount of $1,303.12, and late fees/charges of $2,004.19, for a total as of September 17, 2021 in the amount of $58,635.72, plus interest on the principal balance of $55,328.41 from and after September 18, 2021 at the rate of interest equal to 5.714% per annum above the LIBOR Rate, plus additional late fees/charges, no part of which has been paid although due and duly demanded. 2 4 of 8 FILED: NASSAU COUNTY CLERK 09/21/2021 10:04 AM INDEX NO. 612012/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/21/2021 AS AND FOR ITS SECOND CAUSE OF ACTION AGAINST IRIS SALON. INC. 9. On or about May 11, 2015, for value received in connection with the extension of credit by CHASE, the defendant, IRIS SALON, executed and delivered to CHASE a Line of Credit Note and Credit Agreement in the principal amount of $50,000.00 (the "Contract 2"), copies of which are collectively annexed hereto and made a part hereof as Exhibit "B". 10. The Contract 2 provides that IRIS SALON promises to pay CHASE the principal amount of the Contract 2, with interest on the unpaid principal balance computed at the rate of 3.80% Per Annum above the Prime Rate, but in no event higher than the maximum permitted under applicable law. 11. The Contract 2 also provides for late charges in the amount of 5.00% of the payment due or $25.00, whichever is greater, up to the maximum amount of $250.00 per late charge. 12. IRIS SALON has breached its contract with CHASE and has defaulted under the terms and conditions of the Contract 2 by failing to make required payments of principal and interest. 13. By reason of the foregoing, IRIS SALON is liable to CHASE on the Contract 2, in the principal amount of $29,477.62, plus interest in the amount of $1,075.66, and late fees/charges of $807.29, for a total due as of September 17, 2021 in the amount of $31,360.57, plus interest on the principal balance of $29,477.62 from and after September 18, 2021 at the rate of interest equal to 3.80% per annum above the Prime Rate, plus additional late fees/charges, no part of which has been paid although due and duly demarided. 3 5 of 8 FILED: NASSAU COUNTY CLERK 09/21/2021 10:04 AM INDEX NO. 612012/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/21/2021 AS AND FOR ITS THIRD CAUSE OF ACTION AGAINST IRIS SLOTKIN 14. Plaintiff repeats and realleges each and every allegation contained in Paragraphs 1 through 13 as though fully set forth herein. 15. On or about March 24, 2015, in connection with the execution and delivery of the Contract 1, the defendant, SLOTKIN, executed and delivered to CHASE an abso!ute, unconditional, continuing and unlimited Commercial Guaranty (the "Guaranty 1") of payment for the debts and obligaticñs of IRIS SALON. A copy of the Guaranty 1 is annexed hereto and made a part hereof as Exhibit "C". 16. On or about May 11, 2015, in connection with the execution and delivery of the Contract 2, the defendant, SLOTKIN, executed and delivered to CHASE an absolute, unconditional and unlimited Continuing Guaranty (the "Guaranty 2") of payment for the debts and obligations of IRIS SALON. A copy of the Guaranty 2 is annexed hereto and made a part hereof as Exhibit "D". 17. By reason of the foregoing, SLOTKIN is liable to CHASE as follows: (i) on the Contract 1, in the principal amount of $55,328.41, plus interest in the amount of $1,303.12, and late fees/charges of $2,004.19, for a total as of September 17, 2021 in the amount of $58,635.72, plus interest on the priñcipal balance of $55,328.41 from and after September 18, 2021 at the rate of interest equal to 5.714% per annum above the LIBOR Rate, plus additional late fees/charges, no part of which has been paid although due and duly demanded; and (ii) on the Contract 2, in the principal amount of $29,477.62, plus interest in the amount of $1,075.66, and late fees/charges of $807.29, for a total due as of 4 6 of 8 FILED: NASSAU COUNTY CLERK 09/21/2021 10:04 AM INDEX NO. 612012/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/21/2021 September 17, 2021 in the amount of $31,360.57, plus interest on the principal balance of $29,477.62 from and after September 18, 2021 at the rate of interest equal to 3.80% per annum above the Prime Rate, plus additional late fees/charges, no part of which has been paid although due and duly demanded. AS AND FOR ITS FOURTH CAUSE OF ACTION AGAINST IRIS SALON, INC. and IRIS SLOTKIN 18. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 to 17 as though fully set forth herein. 19. Pursuant to the terms of the Contracts and Guaranty agreements, the defendants, IRIS SALON and SLOTKIN, agreed to pay all costs of co!!ection attorneys' incurred by CHASE, including reasonable fees, in the event an attorney was retained to enforce or collect said Contracts. 20. CHASE has incurred and continues to incur expenses, including attorneys' fees, which cannot be finally determined at this date but which will be capable of determination at such time as judgment may be entered. 21. By reason of the foregoing, the defendants, IRIS SALON and SLOTKIN, are liable to CHASE, jointly and severally, for CHASE's reas0ñable attorneys' fees and expenses in regard to this litigation, in such amount as may be determined at such time as judgment may be entered. WHEREFORE, the plaintiff, JPMORGAN CHASE BANK, N.A., demands judgment against the defendants, IRIS SALON, INC. and IRIS SLOTKIN, jointly and severally, on the causes of action in the Complaint as follows: (i) on the first and third causes of action, on the Contract 1 and Guaranty 1, in the priñcipal amount of $55,328.41, plus interest in the amount of $1,303.12, 5 7 of 8 FILED: NASSAU COUNTY CLERK 09/21/2021 10:04 AM INDEX NO. 612012/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/21/2021 and late fees/charges of $2,004.19, for a total as of September 17, 2021 in the amount of $58,635.72, plus interest on the principal balance of $55,328.41 from and after September 18, 2021 at the rate of interest equal to 5.714% per annum above the LIBOR Rate, plus additional late fees/charges; (ii) on the second and third causes of action, on the Contract 2 and Guaranty 2, in the principal amount of $29,477.62, plus interest in the amount of $1,075.66, and late fees/charges of $807.29, for a total due as of September 17, 2021 in the amount of $31,360.57, plus interest on the principal balance of $29,477.62 from and after September 18, 2021 at the rate of interest equal to 3.80% per annum above the Prime Rate, plus additional late fees/charges; (iii) on the fourth cause of action of the Complaint, for reasonable attorneys' fees and expenses of co!!ection as may be determined at such time as judgment may be entered; and (iv) together with costs and disbursements of this action, and such other and further relief as this Court may deem just and proper, upon the grounds that this is an action based upon instruments for the payment of money only which are now due and payable. Dated: Garden City, New York September 21, 2021 Yours, etc., Bonchonsky & Zaino, LLP By: /s/ Leonard P. Marinello Leonard P. Marinello, Esq. Attorneys for Plaintiff JPMorgan Chase Bank, N.A. 226 Seventh Street Garden City, New York 11530 516-747-1400 6 8 of 8