Preview
FILED: NEW YORK COUNTY CLERK 05/23/2018 10:38 AM INDEX NO. 154818/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/23/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK !
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THE ISABELLA CO. (NEW YORK), INC.
COMPLAINT
Plaintiff,
-against-
MAGGIE BOBILEFF a/lda MAGGIE BRYANT SIMMONS
Defendant.
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Plaintiff, THE ISABELLA CO. (NEW YORK), INC., by its attorneys, Frank, Frank,
Goldstein & Nager, P.C., complaining of the defendant, respectfully alleges, upon information and
belief:
!
FIRST CAUSE OF ACTION
1. Plaintiff is a New York Corporation.
2. Bobileff Corporation is a California corporation that, upon information and belief,
did business as Maggie B, which corporation has filed for Chapter 11 bankruptcy and is being
operated as a debtor-in-possession.
3. Maggie Bobileff was and is the principal and guarantor of Maggie B regarding
transactions between Maggie B and plaintiff and individually has not filed for bankruptcy.
4. Maggie B, after having moved, is also shown as being owned and managed by
Maggie Bryant Simmons.
5. Maggie Bobileff, upon information and belief, is also known as Maggie Bryant
Simmons.
6. Maggie Bobileff, for Maggie B, put in purchase orders to plaintiff that were
delivered to Maggie B pursuant thereto,
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7. At the bottom of each purchase order, before any product was shipped by
plaintiff, defendant as Maggie Bobileff personally guaranteed each purchase order.
8. As of May 5, 2016 plaintiff sold and delivered goods to Maggie B in the total sum !
of $15,227.00, which sum remains due and owing and for which the defendant remains liable to
plaintiff as guarantor of Maggie B.
9. The transaction herein is thereby a commercial and not a consumer transaction.
10. Pursuant to the terms and conditions of each sale, the State of New York and its
federal courts have jurisdiction over this matter.
11. Defendant, as guarantor of Maggie B, is thereby indebted to the plaintiff for the
agreed and reasonable sum and balance due of $15,227.00 with interest from May 5, 2016 for
goods sold and delivered by plaintiff to Maggie B as of May 5, 2016 at itsspecial instance and
request, which sum Maggie B, and thereby defendant, agreed and contracted to pay.
12. Demand made no part paid.
SECOND CAUSE OF ACTION
13. Plaintiff realleges Paragraphs 1 through 12 of the Complaint.
14. That as of May 5, 2016, the plaintiff mailed to Maggie B, of which defendant is
principal and guarantor, invoices constituting a statement of account in the sum of $15,227.00,
which was retained by Maggie B, and thereby defendant, without objection thereto, thereby
creating an account stated.
THIRD CAUSE OF ACTION
15. Plaintiff realleges Paragraphs 1 through 14 of the Complaint.
16. The defendant is an individual residing in California and is a principal and
guarantor of Maggie B herein.
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17. As of May 5, 2016 Maggie B executed purchase orders for which defendant
executed a personal guarantee or for which one was signed on her behalf with her express and/or
implied authority.
18. Maggie B has defaulted by failing to make the payments required pursuant to the
purchase orders and there remains an amount due and owing of $15,227.00 with interest from May
5, 2016, for which defendant is liable to plaintiff as guarantor.
19. Demand was made for payment thereof, but no part was paid, leaving said balance
due and owing of $15,227.00, plus interest from May 5, 2016.
20. Defendant, as guarantor of Maggie B, is thereby liable to plaintiff in the sum of
$15,227.00 plus interest thereon from May 5, 2016.
FOURTH CAUSE OF ACTION
21. Plaintiff realleges Paragraphs 1 through 20 of the Complaint.
22, As per the invoices herein, interest accrues on overdue payments at the rate of
18% per annum.
23. Any and all interest accrued herein thereby accrues at the rate of 18% per annum.
FIFTH CAUSE OF ACTION
24. Plaintiff realleges Paragraphs 1 through 23 of the Complaint.
25. The terms and conditions of sale also state that, should plaintiff retain outside
counsel to collect this matter, Maggie B, and thereby defendant, shall pay plaintiff s counsel fees.
26. Defendant is thereby further liable to plaintiff for counsel fees of up to $3,045.40,
20~to of the principal claimed herein, with the Court to determine the final awarded amount.
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WHEREFORE, plaintiff demands judgment against said defendant for the sum of
$15,227.00 with interest thereon from May 5, 2016 at the rate of 18% per annum, plus costs and
disbursements and counsel fees as the court may award.
Dated: New York, New York
May 18, 2018
FRANK, FRANK, GOLDSTEIN 4 NAGER, P.C.
Attorneys for Plaintiff
By:
JDC R H NAGER
330 Street Suite 701
New New York 10018
(21 68 -0100
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Preview
FILED: NEW YORK COUNTY CLERK 05/23/2018 10:38 AM INDEX NO. 154818/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/23/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ! --------------------------------------------------------------------X Index No.: THE ISABELLA CO. (NEW YORK), INC. COMPLAINT Plaintiff, -against- MAGGIE BOBILEFF a/lda MAGGIE BRYANT SIMMONS Defendant. ---------------------------------------------------------X Plaintiff, THE ISABELLA CO. (NEW YORK), INC., by its attorneys, Frank, Frank, Goldstein & Nager, P.C., complaining of the defendant, respectfully alleges, upon information and belief: ! FIRST CAUSE OF ACTION 1. Plaintiff is a New York Corporation. 2. Bobileff Corporation is a California corporation that, upon information and belief, did business as Maggie B, which corporation has filed for Chapter 11 bankruptcy and is being operated as a debtor-in-possession. 3. Maggie Bobileff was and is the principal and guarantor of Maggie B regarding transactions between Maggie B and plaintiff and individually has not filed for bankruptcy. 4. Maggie B, after having moved, is also shown as being owned and managed by Maggie Bryant Simmons. 5. Maggie Bobileff, upon information and belief, is also known as Maggie Bryant Simmons. 6. Maggie Bobileff, for Maggie B, put in purchase orders to plaintiff that were delivered to Maggie B pursuant thereto, 1 of 4 FILED: NEW YORK COUNTY CLERK 05/23/2018 10:38 AM INDEX NO. 154818/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/23/2018 7. At the bottom of each purchase order, before any product was shipped by plaintiff, defendant as Maggie Bobileff personally guaranteed each purchase order. 8. As of May 5, 2016 plaintiff sold and delivered goods to Maggie B in the total sum ! of $15,227.00, which sum remains due and owing and for which the defendant remains liable to plaintiff as guarantor of Maggie B. 9. The transaction herein is thereby a commercial and not a consumer transaction. 10. Pursuant to the terms and conditions of each sale, the State of New York and its federal courts have jurisdiction over this matter. 11. Defendant, as guarantor of Maggie B, is thereby indebted to the plaintiff for the agreed and reasonable sum and balance due of $15,227.00 with interest from May 5, 2016 for goods sold and delivered by plaintiff to Maggie B as of May 5, 2016 at itsspecial instance and request, which sum Maggie B, and thereby defendant, agreed and contracted to pay. 12. Demand made no part paid. SECOND CAUSE OF ACTION 13. Plaintiff realleges Paragraphs 1 through 12 of the Complaint. 14. That as of May 5, 2016, the plaintiff mailed to Maggie B, of which defendant is principal and guarantor, invoices constituting a statement of account in the sum of $15,227.00, which was retained by Maggie B, and thereby defendant, without objection thereto, thereby creating an account stated. THIRD CAUSE OF ACTION 15. Plaintiff realleges Paragraphs 1 through 14 of the Complaint. 16. The defendant is an individual residing in California and is a principal and guarantor of Maggie B herein. 2 of 4 FILED: NEW YORK COUNTY CLERK 05/23/2018 10:38 AM INDEX NO. 154818/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/23/2018 17. As of May 5, 2016 Maggie B executed purchase orders for which defendant executed a personal guarantee or for which one was signed on her behalf with her express and/or implied authority. 18. Maggie B has defaulted by failing to make the payments required pursuant to the purchase orders and there remains an amount due and owing of $15,227.00 with interest from May 5, 2016, for which defendant is liable to plaintiff as guarantor. 19. Demand was made for payment thereof, but no part was paid, leaving said balance due and owing of $15,227.00, plus interest from May 5, 2016. 20. Defendant, as guarantor of Maggie B, is thereby liable to plaintiff in the sum of $15,227.00 plus interest thereon from May 5, 2016. FOURTH CAUSE OF ACTION 21. Plaintiff realleges Paragraphs 1 through 20 of the Complaint. 22, As per the invoices herein, interest accrues on overdue payments at the rate of 18% per annum. 23. Any and all interest accrued herein thereby accrues at the rate of 18% per annum. FIFTH CAUSE OF ACTION 24. Plaintiff realleges Paragraphs 1 through 23 of the Complaint. 25. The terms and conditions of sale also state that, should plaintiff retain outside counsel to collect this matter, Maggie B, and thereby defendant, shall pay plaintiff s counsel fees. 26. Defendant is thereby further liable to plaintiff for counsel fees of up to $3,045.40, 20~to of the principal claimed herein, with the Court to determine the final awarded amount. 3 of 4 FILED: NEW YORK COUNTY CLERK 05/23/2018 10:38 AM INDEX NO. 154818/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/23/2018 WHEREFORE, plaintiff demands judgment against said defendant for the sum of $15,227.00 with interest thereon from May 5, 2016 at the rate of 18% per annum, plus costs and disbursements and counsel fees as the court may award. Dated: New York, New York May 18, 2018 FRANK, FRANK, GOLDSTEIN 4 NAGER, P.C. Attorneys for Plaintiff By: JDC R H NAGER 330 Street Suite 701 New New York 10018 (21 68 -0100 4 of 4