Preview
FILED: NEW YORK COUNTY CLERK 06/18/2018 04:34 PM INDEX NO. 651209/2017
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/18/2018
FILED: NEW YORK COUNTY CLERK 06/18/2018 04:34 PM INDEX NO. 651209/2017
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/18/2018
INDEX NO. 651209/2017
FILED : NEW YORK COUNTY CLERK 03 08 201717 1 : 4
' 03/"
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.
-------------------------------------------------------------× File No. 23450
THE BOWERY HOTEL LLC DBA THE BOWERY
HOTEL,
Plaintiff, SUMMONS
Place of Venue is Plaintiff's
Place of Business:
-against-
335 Bowery
New York, NY 10003
PERI CALLIMANOPULOS AKA PERCILES
CALLIMANOPULOS, AARON OMAR-OLV ERA
MONROY,
Defendants.
-------------------------------------------------------------x
To the above named Defendants:
of'
You are hereby Summoned to appear in Supreme Court of the State of New York,
ol'
of New York at the office of the clerk of the said Court at 60 Centre Street,New
County
York, NY 10013, in the County of New York, State of New York, within the time
provided by law as noted below and to fileanswer to the below complaint with the clerk:
upon failure to answer, judgment will be taken against you in the sum of $48,456.69 with
ot'
interestthereon from July 19, 2016, together with costs of this action.
.
Dated: March 2, 2017
By: Peter J.Oliveri, Esq.
Kavulich & Associates, P.C.
Attorneys for Plaintiff
181 Westchester Ave., Suite 500C
Port Chester, NY 10573
(914) 355-2074
Defendants'
e
fend t Addresses:
PeriCallimanopulos aka Perciles Callimano pulos Aaron Omar-Olvera Monroy
19*
444 West 19 Street, Apt. 203 10 Moonlit Ridge Court (PH)
New York, NY 1001 I-3849 Tomball, Texas 77375-4470
Note: The law provides that: (a) If the summons is served by its delivery to you personally
within the State of New York, you must appear and answer within TWENTY days after such
service; or (b) If the summons is served by any means other than personal delivery to you
within the State of New York, you must appear and answer within THIRTY days afterproof of
service thereof is filed with the Clerk of thisCourt.
1 of 5
FILED: NEW YORK COUNTY CLERK 06/18/2018 04:34 PM INDEX NO. 651209/2017
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/18/2018
INDEX NO. 651209/2017
FILED : NEW YORK COUNTY CLERK 03/08/2017 10: 4 6 AM|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.
------------------------------------------------------------x File No. 23450
THE BOWERY HOTEL LLC DBA THE BOWERY
HOTEL, VERIFIED
COMPLAINT
Plaintiff,
-against-
PERI CALLIMANOPULOS AKA PERCILES
CALLIMANOPULOS, AARON OMAR-OLVERA
MONROY,
Defendants.
X
Plaintiff,The Bowery Hotel LLC DBA The Bowery Hotel, by itsattorneys,
Kavulich & Associates, P.C., and as for itsVerified Complaint alleges of Defendants:
AS AND FOR THE FIRST CAUSE OF ACTION
(Breach of Agreement)
1. Plaintiff seeks to recover damages from the Defendants for breach of
agreement in the amount of $48,456.69 plus interest from July 19, 2016 representing
monies due for food, beverage and lodging services provided by the Plaintiff to the
Defendants, at the specific request of Defendants, from July 19, 2016 through September
21, 2016, together with costs and disbursements of thisaction.
AS AND FOR THE SECOND CAUSE OF ACTION
(Unjust Enrichment)
2. Plaintiff seeks to recover damages from the Defendants for unjust
enrichment in the sum of $48,456.69 plus interest from July 19, 2016, together with costs
and disbursements of thisaction.
2 of 5
FILED: NEW YORK COUNTY CLERK 06/18/2018 04:34 PM INDEX NO. 651209/2017
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/18/2018
FILED : NEW YORK COUNTY CLERK 03/08/2017 10:4 6 INDEX NO. 651209/2017
AM|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2017
AS AND FOR THE THIRD CAUSE OF ACTION
(Account Stated)
3. Plaintiff seeks to recover damages from the Defendants in the amount of
$48,456.69 plus interest from July 19, 2016, for account stated as the aforesaid sum has
been demanded and has gone unpaid, together with costs and disbursements of this
duly
action.
AS AND FOR THE FOURTH CAUSE OF ACTION
(Quantum Meruit)
4. Plaintiff seeks to recover damages from the Defendants in the sum of
$48,456.69 plus interest from July 19, 2016 in quantum meruit, together with costs and
disbursements of this action.
WHEREFORE, Plaintiff demands judgment against Defendants as follows:
A. On the First Cause of Action, in the sum of $48,456.69 plus interest from July 19,
2016;
B. On the Second Cause of Action, in the sum of S48,456.69 plus interest from July
19, 2016;
C. On the Third Cause of Action, in the sum of $48,456.69 plus interest from July 19,
2016;
D. On the Fourth Cause of Action, in the sum of $48,456.69 plus interest from July I9,
2016;
E. Together with costs and disbursements of this action; and
F. For such and other further relief as the Court deems just and proper.
Dated: March 2, 2017
Port Chester, New York .
By: Peter J. Oliveri, Esq.
Kavulich & Associates, P.C.
Attorneys forPlaintiff
181 Westchester Ave., Suite 500C
Port Chester, NY 10573
(914) 355-2074
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NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/18/2018
INDEX NO. 65120 9 / 2 0 17
FILED : NEW YORK COUNTY CLERK 03/08/2017 10: 4 6~ AM|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2017
VERIFICATION
State of New York )
) ss
County of New York )
Kirk Wilson, being duly sworn deposes and says:
I am the General Manager of Plaintiff,The Bowery Hotel LLC DBA The Bowery
Hotel, herein. 1 have read this Complaint and know the contents thereof to be true to my
own knowledge except as to those matters stated on information and belief, and as to
r
those matters I believe them to be true.
Swo to be e me this
grr d of , 2017
Kirk Wilson
7 2.o
7.0il7 l7
Notary Public
l>ALt"
CARMlNE J, PALERMO
NT,;ary State
Public, of New York
No. 4769389 q~!
Oc·rtified in Rockland
County I,..;
i, 4
CCinmission Expires
l~r)g
I
2i
4 Of
of 5
FILED: NEW YORK COUNTY CLERK 06/18/2018 04:34 PM INDEX NO. 651209/2017
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/18/2018
|FILED : NEW YORK COUNTY CLERK 03/08/2017 10: 4 6 INDEX NO. 651209/2017
AM|
NYSCEF DOC. NO. 1
RECEIVED NYSCEF: 03/08/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.
-------------------------------------------------------------x File No. 23450
THE BOWERY HOTEL LLC DBA THE BOWERY
HOTEL,
Plaintiff,
-against-
PERI CALLIMANOPULOS AKA PERCILES
CALLIMANOPULOS, AARON OMAR-OLVERA
MONROY,
Defendants.
---------.---------------------------------.----------------------x
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
TAKL"
PLEASE TAKE NOTICE that the matter captioned above, which has been
commenced by filing of the accompanying documents with the County Clerk, issubject to
mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial
Courts. This notice is being served as required by Subdivision (b) (3) of the Section.
For information about electronic filing, including access to Section 202.5-bb, consult
the website of the New York State Courts Electronic Filing System ("NYSCEF") at
www.nycourts.gov/efile or contact the NYSCEF Resource Center at646-386-3033 or
efile@ecourts.state.ny.us,
Dated: March 2, 2017
Port Chester, New York
Kavulich & Associates, P.C.
By: Peter J. Oliveri, Esq.
181 Westchester Ave., Suite 500-C
Port Chester, NY 10573
(914) 355-2074
pefendants'nts'
fend Addresses:
Peri Callimanopulos aka Perciles Callimanopulos Aaron Omar-Olvera
19'h Monroy
444 West Street,Apt. 203 10 Moonlit Ridge Court (PH)
New York, NY 10011-3849 Tomball, Texas 77375-4470
5 of 5
Preview
FILED: NEW YORK COUNTY CLERK 06/18/2018 04:34 PM INDEX NO. 651209/2017 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/18/2018 FILED: NEW YORK COUNTY CLERK 06/18/2018 04:34 PM INDEX NO. 651209/2017 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/18/2018 INDEX NO. 651209/2017 FILED : NEW YORK COUNTY CLERK 03 08 201717 1 : 4 ' 03/" NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. -------------------------------------------------------------× File No. 23450 THE BOWERY HOTEL LLC DBA THE BOWERY HOTEL, Plaintiff, SUMMONS Place of Venue is Plaintiff's Place of Business: -against- 335 Bowery New York, NY 10003 PERI CALLIMANOPULOS AKA PERCILES CALLIMANOPULOS, AARON OMAR-OLV ERA MONROY, Defendants. -------------------------------------------------------------x To the above named Defendants: of' You are hereby Summoned to appear in Supreme Court of the State of New York, ol' of New York at the office of the clerk of the said Court at 60 Centre Street,New County York, NY 10013, in the County of New York, State of New York, within the time provided by law as noted below and to fileanswer to the below complaint with the clerk: upon failure to answer, judgment will be taken against you in the sum of $48,456.69 with ot' interestthereon from July 19, 2016, together with costs of this action. . Dated: March 2, 2017 By: Peter J.Oliveri, Esq. Kavulich & Associates, P.C. Attorneys for Plaintiff 181 Westchester Ave., Suite 500C Port Chester, NY 10573 (914) 355-2074 Defendants' e fend t Addresses: PeriCallimanopulos aka Perciles Callimano pulos Aaron Omar-Olvera Monroy 19* 444 West 19 Street, Apt. 203 10 Moonlit Ridge Court (PH) New York, NY 1001 I-3849 Tomball, Texas 77375-4470 Note: The law provides that: (a) If the summons is served by its delivery to you personally within the State of New York, you must appear and answer within TWENTY days after such service; or (b) If the summons is served by any means other than personal delivery to you within the State of New York, you must appear and answer within THIRTY days afterproof of service thereof is filed with the Clerk of thisCourt. 1 of 5 FILED: NEW YORK COUNTY CLERK 06/18/2018 04:34 PM INDEX NO. 651209/2017 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/18/2018 INDEX NO. 651209/2017 FILED : NEW YORK COUNTY CLERK 03/08/2017 10: 4 6 AM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. ------------------------------------------------------------x File No. 23450 THE BOWERY HOTEL LLC DBA THE BOWERY HOTEL, VERIFIED COMPLAINT Plaintiff, -against- PERI CALLIMANOPULOS AKA PERCILES CALLIMANOPULOS, AARON OMAR-OLVERA MONROY, Defendants. X Plaintiff,The Bowery Hotel LLC DBA The Bowery Hotel, by itsattorneys, Kavulich & Associates, P.C., and as for itsVerified Complaint alleges of Defendants: AS AND FOR THE FIRST CAUSE OF ACTION (Breach of Agreement) 1. Plaintiff seeks to recover damages from the Defendants for breach of agreement in the amount of $48,456.69 plus interest from July 19, 2016 representing monies due for food, beverage and lodging services provided by the Plaintiff to the Defendants, at the specific request of Defendants, from July 19, 2016 through September 21, 2016, together with costs and disbursements of thisaction. AS AND FOR THE SECOND CAUSE OF ACTION (Unjust Enrichment) 2. Plaintiff seeks to recover damages from the Defendants for unjust enrichment in the sum of $48,456.69 plus interest from July 19, 2016, together with costs and disbursements of thisaction. 2 of 5 FILED: NEW YORK COUNTY CLERK 06/18/2018 04:34 PM INDEX NO. 651209/2017 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/18/2018 FILED : NEW YORK COUNTY CLERK 03/08/2017 10:4 6 INDEX NO. 651209/2017 AM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2017 AS AND FOR THE THIRD CAUSE OF ACTION (Account Stated) 3. Plaintiff seeks to recover damages from the Defendants in the amount of $48,456.69 plus interest from July 19, 2016, for account stated as the aforesaid sum has been demanded and has gone unpaid, together with costs and disbursements of this duly action. AS AND FOR THE FOURTH CAUSE OF ACTION (Quantum Meruit) 4. Plaintiff seeks to recover damages from the Defendants in the sum of $48,456.69 plus interest from July 19, 2016 in quantum meruit, together with costs and disbursements of this action. WHEREFORE, Plaintiff demands judgment against Defendants as follows: A. On the First Cause of Action, in the sum of $48,456.69 plus interest from July 19, 2016; B. On the Second Cause of Action, in the sum of S48,456.69 plus interest from July 19, 2016; C. On the Third Cause of Action, in the sum of $48,456.69 plus interest from July 19, 2016; D. On the Fourth Cause of Action, in the sum of $48,456.69 plus interest from July I9, 2016; E. Together with costs and disbursements of this action; and F. For such and other further relief as the Court deems just and proper. Dated: March 2, 2017 Port Chester, New York . By: Peter J. Oliveri, Esq. Kavulich & Associates, P.C. Attorneys forPlaintiff 181 Westchester Ave., Suite 500C Port Chester, NY 10573 (914) 355-2074 3 of 5 FILED: NEW YORK COUNTY CLERK 06/18/2018 04:34 PM INDEX NO. 651209/2017 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/18/2018 INDEX NO. 65120 9 / 2 0 17 FILED : NEW YORK COUNTY CLERK 03/08/2017 10: 4 6~ AM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2017 VERIFICATION State of New York ) ) ss County of New York ) Kirk Wilson, being duly sworn deposes and says: I am the General Manager of Plaintiff,The Bowery Hotel LLC DBA The Bowery Hotel, herein. 1 have read this Complaint and know the contents thereof to be true to my own knowledge except as to those matters stated on information and belief, and as to r those matters I believe them to be true. Swo to be e me this grr d of , 2017 Kirk Wilson 7 2.o 7.0il7 l7 Notary Public l>ALt" CARMlNE J, PALERMO NT,;ary State Public, of New York No. 4769389 q~! Oc·rtified in Rockland County I,..; i, 4 CCinmission Expires l~r)g I 2i 4 Of of 5 FILED: NEW YORK COUNTY CLERK 06/18/2018 04:34 PM INDEX NO. 651209/2017 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/18/2018 |FILED : NEW YORK COUNTY CLERK 03/08/2017 10: 4 6 INDEX NO. 651209/2017 AM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. -------------------------------------------------------------x File No. 23450 THE BOWERY HOTEL LLC DBA THE BOWERY HOTEL, Plaintiff, -against- PERI CALLIMANOPULOS AKA PERCILES CALLIMANOPULOS, AARON OMAR-OLVERA MONROY, Defendants. ---------.---------------------------------.----------------------x NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING TAKL" PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, issubject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of the Section. For information about electronic filing, including access to Section 202.5-bb, consult the website of the New York State Courts Electronic Filing System ("NYSCEF") at www.nycourts.gov/efile or contact the NYSCEF Resource Center at646-386-3033 or efile@ecourts.state.ny.us, Dated: March 2, 2017 Port Chester, New York Kavulich & Associates, P.C. By: Peter J. Oliveri, Esq. 181 Westchester Ave., Suite 500-C Port Chester, NY 10573 (914) 355-2074 pefendants'nts' fend Addresses: Peri Callimanopulos aka Perciles Callimanopulos Aaron Omar-Olvera 19'h Monroy 444 West Street,Apt. 203 10 Moonlit Ridge Court (PH) New York, NY 10011-3849 Tomball, Texas 77375-4470 5 of 5