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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF PUTNAM

File No 1313-12

BANK OF THE WEST as assignee of


NATIONWIDE FUNDING, LLC
Index No.

Plaintiff,
-against-

1 i ii

MID-HUDSON WASTE, INC. AND ROBERT J.

VERIFIED COMPLAINT

K1SSH A/K/A ROBERT KISSH,


Defendants.

BANK OF THE WEST as assignee of NATIONWIDE FUNDING, LLC (hereinafter

referred to as the "Plaintiff' or the "Lessor"), by its attorneys Platzer, Swergold, Karlin, Levine,
Goldberg & Jaslow, LLP, as and for itscomplaint herein alleges as follows:
PARTIES

1.

The Plaintiff is and at all times hereinafter mentioned was, and still is, a

corporation organized and existing under and by virtue of the laws of State of California having
its principal place of business located at 818 W Seventh Street, Los Angeles, California 90017, and is the assignee of Nationwide Funding, LLC, pursuant to an Assignment and Security
Agreement dated September 5,2007.

2.

Upon information and belief, the defendant, Mid-Hudson Waste, Inc. ("Corporate

Defendant" or the "Lessee") is and at all times hereinafter mentioned was, a domestic business

corporation organized and existing under and by virtue of the laws of the State of Newark, -g

with its principle place of business located at 289 East Main Street, Jefferson Valley, Newsork Z
10535.

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3.

Upon information and belief, the defendant, Robert J. Kissh a/k/a Robert Kissh

(the "Guarantor") is an individual residing and domiciled at 22 Astor Drive, Mahopac, New
York 10541. THE AGREEMENTS

4.

In or about September 4,2007, the Corporate Defendant executed an Equipment

Lease Agreement, Lease Agreement numbered "10-011078", (hereinafter referred to as the "Agreement"), with the Plaintiffs assignor, whereby, the Corporate Defendant leased certain

equipment identified asa"2002 Spec Tec Walking FL", VIN # "1S9WA48232S188399", VIN #
"1S9WA48232S188394", VIN# "1S9WA48252S188419", VIN #"1S9WA48292S188424"
(collectively, the "Equipment").

5.

Pursuant to the Agreement, the Corporate Defendant was to remit sixty (60)

consecutive monthly lease payments each in the amount of$1,913.70, plus applicable taxes.
6. Paragraph numbered " 12" ofthe Agreement provides in pertinent part that: DEFAULT AND REMEDIES: If you (a) do not pay any
Obligation when due.. ..you will be in default...

7.

The Corporate Defendant failed to remit a monthly payment when due and owing

on August 1,2010 and as a result defaulted underthe terms of the Agreement. 8. Pursuant to Paragraph numbered "12" of the Agreement,
In the event of a default by you, we may require that (1) your return the Equipment to us and pay to us the remaining balance of all of the Rent due under this Lease, discounted to the present value at five percent (5%), together with any amounts due under this Lease, and (2) you pay to us our residual interest in the Equipment, interest shall accrue on all Obligations due from the date of default until paid at the rate of eighteen percent (18%) per annum...You agree to reimburse us for all charges, costs and attorney's fees that we have to pat to enforce this Lease or collect the Obligations under this Lease and in any lawsuit or other proceeding which we bring or defend.

9.

On or about May 1, 2008, the Guarantor executed and delivered his personal

guarantees for the liabilities of the Corporate Defendant to the Plaintiff.


AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE CORPORATE DEFENDANT - FOR BREACH OF CONTRACT

10.

The Plaintiff repeats, reiterates and re-alleges each and every allegation contained

in Paragraphs numbered "1" through "9", inclusive, as if fully set forth herein. 11. The Corporate Defendant breached the Agreement by failing to remit a monthly

payment when due and owing on or about August 1,2010 (the "Default Date").

12.

As a result of said default there is now due and owing, pursuant to the terms of the

Agreement, the amount of $66.720.58 with default interestthereon as of August 1,2010.

13.

Pursuant to the terms of the Agreement, the Corporate Defendant agreed to pay,

inter alia, reasonableattorneys' fees in the event of a default. 14. As a result of the foregoing, the Corporate Defendant is indebted to the Plaintiff

in the total amount of $66,720.58, plus default interest, at the default rate of 18% per annum,
plus reasonable attorneys' fees, additional late charges and the costs and disbursements of this
action.

AS AND FOR A SECOND CAUSE OF ACTION


AGAINST THE CORPORATE DEFENDANT - FOR ACCOUNT STATED

15.

The Plaintiff repeats, reiterates and re-alleges each and every allegation contained

in Paragraphs numbered "1" through "14", inclusive, as if fully set forth herein. 16.
Defendant.

That on a regular basis Plaintiff rendered statements of account to the Corporate

17.

The Corporate Defendant accepted and retained said statements of account

without dispute.

18.

As a result of the foregoing, Plaintiff has stated an account with the Corporate

Defendant in the amount of $66,720.58.

19.

The Corporate Defendant has refused to pay the sum of $66,720.58 despite

numerous demands for same, and the Plaintiff has been damaged thereby.
20. As a result of the foregoing, the Corporate Defendant is indebted to the Plaintiff

in the total sum of $66,720.58, pjus default interest, at the default rate of 18% per annum, pjus
reasonable attorneys' fees, additional late charges and the costs and disbursements of this action.
AS AND FOR A THIRD CAUSE OF ACTION AGAINST THE CORPORATE DEFENDANT - FOR UNJUST ENRICHMENT

21.

The Plaintiff repeats and re-alleges each and every allegation contained in

Paragraphs numbered "1" through "20", inclusive, as if fully set forth herein.

22.

The Plaintiffhas made repeated demands to the Corporate Defendant for payment

of the amounts due as a resultof its use of the Equipment but payment has not been made.
23. The failure and refusal of the Corporate Defendant to pay the amounts due and

owing to the Plaintiff unjustly enriches the Corporate Defendant to the detriment of the Plaintiff.

24.

As a result of the foregoing, the Corporate Defendant have been unjustly enriched

at the expense ofthe Plaintiff in the sum of $66,720.58, pjus default interest, at the default rate of
18% per annum, plus reasonable attorneys' fees, late charges and the costs and disbursements of
this action.
AS AND FOR A FOURTH CAUSE OF ACTION AGAINST THE GUARANTOR - FOR BREACH OF GUARANTY

25.

Plaintiff repeats, reiterates and re-alleges each and every allegation contained in

Paragraphs numbered "1" through "24", inclusive, as if fully set forth herein.

26.

On or about September 4, 2007, the Guarantor executed a personal guaranty (the

"Guaranty") of the indebtedness of the Corporate Defendant to the Plaintiff.

27.

The Guaranty provide, inter alia: ... I unconditionally guaranty that Lessee will fully and promptly pay all of its Obligations under the Lease when they are due and will perform all its other obligations under the Lease even if you modify or renew the Lease. You do not have to notify me if the
Lease is in default under the Lease.... If the Lessee defaults, I will

immediately pay all Obligations due under the Lease... 28. By virtue of the foregoing, the Guarantors are indebted to the Plaintiff principal

amount of $66,720.58, plus default interest, at the default rate of 18% per annum, plus
reasonable attorneys' fees, additional late charges and the costs and disbursements of this action.
WHEREFORE, Plaintiff demands judgment as follows:

(i)

On the First, Second and Third Causes of Action, judgment against the Corporate

Defendant, in the amount of $66,720.58, plus default interest, at the default rate of 18% per

annum, plus reasonable attorneys' fees, late charges and the costs and disbursements of this
action;

(ii)

On the Fourth Cause of Action, judgment against the Guarantor in the amount of plus

default interest, at the default rate of 18% per annum, pjus reasonable attorneys' fees, late
charges and the costs and disbursements of this action; and,

(iii) for such other and further relief as this Court deems just and proper.
Dated: New York, New York

July 2,2013

/PLJVTZER, SWERGOLD, KARLIN,

r\

A tAnwwtor Plmttiff t

LE VIN A GOLBBERP JASLOW, LLP

10(>5 Avejnie ofthe Americas, 18th Floor


New YorR, New York 10018 T: (212)593-3000 F: (212) 593-0353

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