Preview
FILED: NEW YORK COUNTY CLERK 05/11/2018 03:02 PM INDEX NO. 652333/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
.--_________-------------_______---_________-
DirectMedParts & Service,
LLC Index No.
Plaintiff(s),
QNIlIOHS
-against-
American Healthcare
Technologies,Inc.,
Date Index No. Purchased:
_efen a t(S
.________--________________---
To the above named Defendant(s)
American Healthcare
Technologies,Inc.
Floor
350 5th Avenue-59th
New York,New York 10118
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 Plaintiffs attorney within 20 days after the service of
this summons, exclusive of the day of service (or within 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.
The basis of venue is Defendantconductsbusinessin New York County
which is 350 5th Avenue-59th
Floor, New York, New York
10118
Dated: Massapequa Park, NY
May 11, 2018
Renda La 0 s, P.C.
by
VincentRenda, Esq. (VR#4779)
Attorneys for Plaintiff
4900 Merrick Road, Suite #600
Massapequa Park, New York 11762
Telephone: 516-350-9900
Facsimile: 866-303-8383
E-maik vr©rendalawoffices.corn
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FILED: NEW YORK COUNTY CLERK 05/11/2018 03:02 PM INDEX NO. 652333/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------x
DirectMed Parts & Service, LLC
Plaintiff, Verified Complaint
- against - Index No.
American Healthcare Technologies, Inc.,
Defendant.
--------------------------------------------------------------------x
("
Plaintiff, DirectMed Parts & Service, LLC ("Plaintiff") by its attorney, Vincent Renda,
Esq. of Renda Law Offices, P.C. as and for itsVerified Complaint, respectfully alleges against
("Defendant"
defendant, American Healthcare Technologies, Inc. ("Defendant") as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. That at all times in this document, Plaintiff was and stillis a limited liability company
organized and existing under and by virtue of the laws of the Delaware with a principal place for
the transaction of business in the County of San Diego, State of California.
2. Upon information and belief, that at all times in this document, Defendant American
Healthcare Technologies, Inc. was and stillis a domestic business corporation organized and
existing under and by virtue of the laws of the State of New York with a principal place for the
transaction of business in the County of New York, State of New York.
3. That a valid and binding contract existed between Plaintiff and Defendant, the term of
which the Defendant agreed to pay and make payment for goods delivered to Defendant.
4. That Plaintiff fully performed all of its obligations under the Agreement, and was ready,
willing and able to perform all of the terms of the Agreement to be performed by it.
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FILED: NEW YORK COUNTY CLERK 05/11/2018 03:02 PM INDEX NO. 652333/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018
5. That the full performance of the obligations under the contract conferred benefits upon
Defendant sufficient that Defendant's retention of said benefits without full payment thereof
constitutes unjust enrichment.
6. That Defendant failed to perform under the terms of the contract and remit said amounts
owing to Plaintiff, as alleged herein, was unjustified and unexcused, which constitutes a material
breach.
7. That between March 27, 2017 and March 31, 2017, Plaintiff, at the request of the
Defendant sold, delivered goods, and invoiced to Defendant at the specific instance and request
of Defendant for the agreed price and reasonable value of $22,762.53.
8. That no part of the said sum of $22,762.53 has been paid, although duly demanded.
9. As a direct and proximate result of the Defendant ill-advised actions, Plaintiff has
sustained damages in excess of $25,000.00, including interest at the maximum rate owed per
attorneys'
annum, late fees, fees, cost of suit, and the like.
AS AND FOR A SECOND CAUSE OF ACTION
10. Plaintiff repeats, reiterates, and alleges each and every allegation contained in paragraphs
1 through 9 above with the same force and effect as if herein more fully at length set forth.
11. That on or about March 31, 2017 an account was stated between Plaintiff and Defendant,
and the sum of $22,762.53, was due and agreed to be due to Plaintiff from the Defendant.
12. That no part of the sum of $22,762.53 has been paid, although duly demanded.
13. As a direct and proximate result of the Defendant's ill-advised actions, Plaintiff has
sustained damages in excess of $25,000.00, including interest at the maximum rate owed per
attorneys'
annum, late fees, fees, cost of suit, and the like.
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15. WHEREFORE, Plaintiff demands judgment against Defendant on the firstand second
causes of action in excess of $25,000.00, including interest at the maximum rate owed per
attorneys'
annum, late fees, fees, and with costs and disbursements of this action.
Dated: May 11, 2018 By:
Vincent Renda, Esq. (VR4779)
Renda Law Offices, P.C.
4900 Merrick Road, Suite 600
Massapequa Park, NY 11762
Telephone: 516-350-9900
Facsimile: 866-303-8383
E-mail: vr@rendalawoffices.com
Attorneys for Plaintiff
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FILED: NEW YORK COUNTY CLERK 05/11/2018 03:02 PM INDEX NO. 652333/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018
VERIFICATION
I have read the foregoing Verified Complaint and know itscontents.
The matters stated in the Verified Complaint are true of my own personal knowledge,
except as to those matters which are stated in paragraphs which contain the words "On
belief...."
information and and as tothose matters 1 believe them to be true.
1 declare under penalty of perjury under the laws of the State of New York thatthe
foregoing istrue and correct.
This Affidavit was executed this7th day of May, 2018 at Poway, California.
rad de Koning
President & CEO
DirectMed Parts 4 Service, LLC
12525 Stowe Drive
Poway, California 92064
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Preview
FILED: NEW YORK COUNTY CLERK 05/11/2018 03:02 PM INDEX NO. 652333/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK .--_________-------------_______---_________- DirectMedParts & Service, LLC Index No. Plaintiff(s), QNIlIOHS -against- American Healthcare Technologies,Inc., Date Index No. Purchased: _efen a t(S .________--________________--- To the above named Defendant(s) American Healthcare Technologies,Inc. Floor 350 5th Avenue-59th New York,New York 10118 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 Plaintiffs attorney within 20 days after the service of this summons, exclusive of the day of service (or within 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. The basis of venue is Defendantconductsbusinessin New York County which is 350 5th Avenue-59th Floor, New York, New York 10118 Dated: Massapequa Park, NY May 11, 2018 Renda La 0 s, P.C. by VincentRenda, Esq. (VR#4779) Attorneys for Plaintiff 4900 Merrick Road, Suite #600 Massapequa Park, New York 11762 Telephone: 516-350-9900 Facsimile: 866-303-8383 E-maik vr©rendalawoffices.corn 1 of 5 FILED: NEW YORK COUNTY CLERK 05/11/2018 03:02 PM INDEX NO. 652333/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------x DirectMed Parts & Service, LLC Plaintiff, Verified Complaint - against - Index No. American Healthcare Technologies, Inc., Defendant. --------------------------------------------------------------------x (" Plaintiff, DirectMed Parts & Service, LLC ("Plaintiff") by its attorney, Vincent Renda, Esq. of Renda Law Offices, P.C. as and for itsVerified Complaint, respectfully alleges against ("Defendant" defendant, American Healthcare Technologies, Inc. ("Defendant") as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. That at all times in this document, Plaintiff was and stillis a limited liability company organized and existing under and by virtue of the laws of the Delaware with a principal place for the transaction of business in the County of San Diego, State of California. 2. Upon information and belief, that at all times in this document, Defendant American Healthcare Technologies, Inc. was and stillis a domestic business corporation organized and existing under and by virtue of the laws of the State of New York with a principal place for the transaction of business in the County of New York, State of New York. 3. That a valid and binding contract existed between Plaintiff and Defendant, the term of which the Defendant agreed to pay and make payment for goods delivered to Defendant. 4. That Plaintiff fully performed all of its obligations under the Agreement, and was ready, willing and able to perform all of the terms of the Agreement to be performed by it. Page 1 of 3 2 of 5 FILED: NEW YORK COUNTY CLERK 05/11/2018 03:02 PM INDEX NO. 652333/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 5. That the full performance of the obligations under the contract conferred benefits upon Defendant sufficient that Defendant's retention of said benefits without full payment thereof constitutes unjust enrichment. 6. That Defendant failed to perform under the terms of the contract and remit said amounts owing to Plaintiff, as alleged herein, was unjustified and unexcused, which constitutes a material breach. 7. That between March 27, 2017 and March 31, 2017, Plaintiff, at the request of the Defendant sold, delivered goods, and invoiced to Defendant at the specific instance and request of Defendant for the agreed price and reasonable value of $22,762.53. 8. That no part of the said sum of $22,762.53 has been paid, although duly demanded. 9. As a direct and proximate result of the Defendant ill-advised actions, Plaintiff has sustained damages in excess of $25,000.00, including interest at the maximum rate owed per attorneys' annum, late fees, fees, cost of suit, and the like. AS AND FOR A SECOND CAUSE OF ACTION 10. Plaintiff repeats, reiterates, and alleges each and every allegation contained in paragraphs 1 through 9 above with the same force and effect as if herein more fully at length set forth. 11. That on or about March 31, 2017 an account was stated between Plaintiff and Defendant, and the sum of $22,762.53, was due and agreed to be due to Plaintiff from the Defendant. 12. That no part of the sum of $22,762.53 has been paid, although duly demanded. 13. As a direct and proximate result of the Defendant's ill-advised actions, Plaintiff has sustained damages in excess of $25,000.00, including interest at the maximum rate owed per attorneys' annum, late fees, fees, cost of suit, and the like. Page 2 of 3 3 of 5 FILED: NEW YORK COUNTY CLERK 05/11/2018 03:02 PM INDEX NO. 652333/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 15. WHEREFORE, Plaintiff demands judgment against Defendant on the firstand second causes of action in excess of $25,000.00, including interest at the maximum rate owed per attorneys' annum, late fees, fees, and with costs and disbursements of this action. Dated: May 11, 2018 By: Vincent Renda, Esq. (VR4779) Renda Law Offices, P.C. 4900 Merrick Road, Suite 600 Massapequa Park, NY 11762 Telephone: 516-350-9900 Facsimile: 866-303-8383 E-mail: vr@rendalawoffices.com Attorneys for Plaintiff Page 3 of 3 4 of 5 FILED: NEW YORK COUNTY CLERK 05/11/2018 03:02 PM INDEX NO. 652333/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2018 VERIFICATION I have read the foregoing Verified Complaint and know itscontents. The matters stated in the Verified Complaint are true of my own personal knowledge, except as to those matters which are stated in paragraphs which contain the words "On belief...." information and and as tothose matters 1 believe them to be true. 1 declare under penalty of perjury under the laws of the State of New York thatthe foregoing istrue and correct. This Affidavit was executed this7th day of May, 2018 at Poway, California. rad de Koning President & CEO DirectMed Parts 4 Service, LLC 12525 Stowe Drive Poway, California 92064 5 of 5