Preview
FILED: NEW YORK COUNTY CLERK 02/08/2022 06:38 PM INDEX NO. 160804/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/08/2022
Exhibit “A”
FILED: NEW YORK COUNTY CLERK 02/08/2022
12/02/2021 06:38
01:36 PM INDEX NO. 160804/2021
NYSCEF DOC. NO. 10
1 RECEIVED NYSCEF: 02/08/2022
12/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No /2021
ELYSE PASQUALE,
Date Filed:
Plaintiff,
-against-
SUMMONS
ANTHONY BURGES, .
Venue is based on the location of
the subject premises
Defendant.
------------- -----------------------------------------X
To the above-named defendant(s)
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
Plaintiffs'
Appearance, on the 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 dercañded
in the Complaint.
Dated: December 2, 2021 Yours, etc.
New York, N.Y. Butnick & Levenson LLP
By: Noah E. Levenson, Esq.
Butnick & Levenson LLP
Attorneys for Plaintiff
38th
60 West. Street, Suite 6W
New York, NY 10018
(212) 362-1197
DEFENDANT'S ADDRESS:
23'd
340 East Street
Apartment PH3D
New York, N.Y. 10010
1
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NYSCEF DOC. NO. 10
1 RECEIVED NYSCEF: 02/08/2022
12/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------- ¬---- -----X
Index No. /2021
ELYSE PASQUALE,
Plaintiff,
-against-
VERIFIED COMPLAINT
ANTHONY BURGES,
Defendant.
-- --------------- ----------------X
Plaintiff ELYSE PASQUALE, by their attorneys Butnick & Levenscñ LLP, complaining
of ANTHONY BURGES states as follows:
PRELIMINARY STATEMENT
attorneys'
1. This is an action for breach of lease by a tenant and for fees resulting from the
"Defendant"
failure of Defendant ANTHONY BURGES (hereinafter or "Tenant"), to
23rd
satisfy such obligations for the tenancy located at 340 East Street, Unit PH3D, New
York, N.Y. 10010 to pay rent, additional rent, and use & occupancy in accordance with
the terms of the lease entered into by Plaintiff and the Tenant on or about July 27, 2020.
THE PARTIES
2. Plaintiff ELYSE PASQUALE is a natural person.
23rd
3. Plaintiff is the owner and landlord of the premises known as and located at 340 East
Street, Apartment PH3D, New York, N.Y. 10010 (the "Subject Premises").
4. This action arose wholly and solely out of events with respect to the Subject Premises in
the City of New York, New York County, and State of New York.
5. Defendant ANTHONY BURGES is a natural person.
2
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BASIS OF THE PLAINTIFF'S CAUSES OF ACTION
6. Pursuant to a lease agreement between Plaintiff and Tenant, dated on or about July 7,
2020, (the "Lease"), Plaintiff leased the Subject Premises to Tenant for a 1-year term
commencing on September 1, 2020, and ending on August 31, 2021.
7. Pursuant to the terms of the Lease, Tenant was required to pay $10,903.64 as the monthly
base rent.
8. Tenant continues to remain in possession of the premises after the expiration of the Lease
and has failed to tender rent before the expiration of the Lease and has failed to pay rent
after the expiration of the Lease.
AS AND FOR A FIRST CAUSE OF ACTION
(Rent Owed Under Lease through August 31, 2021)
9. Plaintiff repeats, reiterates, and realleges each and every allegation as if set forth at length
herein.
10. Pursuant to the Lease, Defendant owes to the Plaintiff the sum of $47,729.12 in rent and
additional rent through August 31, 2021.
11. Pursuant to the Lease, Defendant must satisfy his obligations in the sum of $47,729.12
through August 31, 2021.
12. Plaintiff has been damaged in the sum of $47,729.12 through August 31, 2021.
AS AND FOR A SECOND CAUSE OF ACTION
(Unpaid Use & Occupancy from September 1, 2021
until possession of the Apartment is Returned to Plaintiff)
13. Plaintiff repeats, reiterates, and realleges each and every allegation as if set forth at length
herein.
3
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14. Use and occupancy for the Subject Premises should be set a minimum of $10,903.64 per
month, pursuant to the Lease for the period after expiration of the Lease.
15. Defendant continues in possession of the Subject Premises after the expiration of the
Lease on August 31, 2021.
16. Tenant is indebted to Plaintiff in the sum of $43,614.56, representing Use & Occupancy
of the Subject Premises for the months of September 2021 through December 2021.
17. Accordingly, Plaintiff seeks a judgment in an amount to be determined at trial, for any
and all use and occupancy that came due and remains unpaid from September 1, 2021
through the date possession is returned to Plaintiff at the rate of $10,903.64 per month.
AS AND FOR A THIRD CAUSE OF ACTION
(Attorneys'
fees Against Tenant)
18. Plaintiff repeats, reiterates, and realleges each and every allegation as if set forth at length
herein.
19. Pursuant to the Lease, Plaintiff is entitled to recover all costs and expenses including
attorneys'
reasonable fees as a result of Defendant's default.
attorneys'
20. That the Plaintiff has incurred and will incur fees in the prosecution of this
proceeding in such an amount as the Court shall determine at trial.
21. That by reason thereof, this Court should award the Plaintiff judgment over and against
the Defendant, in such an amount as the Court shall determine at trial with respect to the
attorneys'
Plaintiff's fees, costs, and disbursements.
WHEREFORE, Plaintiff demands judgment as follows:
1. On the First Cause of Action, a judgment in the sum of $47,729.12 against Defendant
ANTHONY BURGES representing unpaid rent through August 31, 2021.
4
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1 RECEIVED NYSCEF: 02/08/2022
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2. On the Second Cause of Action, a judgment in an amount to be determined at trial
representing use and occupancy at the rate of $10,903.64 from September 1, 2021 until
possession is returned to Plaintiff.
3. On the Third Cause of Action, a judgment against Defendant ANTHONY BURGES, in
attorneys'
such sum as the Court shall determine after trial with respect to fees, together
with interest, costs and disbursements of this action.
Dated: New York, N.Y.
December 2, 2021
BUTNICK & LEVENSON LLP
Attorneys for Plaintiff
By:
Noah E. Levenson, Esq.
38d2
60 West Street, Suite 6W
New York, N.Y. 10018
(212) 362-1197
5
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NYSCEF DOC. NO. 10
1 RECEIVED NYSCEF: 02/08/2022
12/02/2021
ATTORNEY VERIFICATION
STATE OF NEW YORK )
COUNTY OF NEW YORK ) ss.:
Noah E. Levenson, being duly sworn and under the penalties of perjury, hereby deposes and
says the following:
1. I, the undersigned, am an attorney and am a member of Butnick & Levenson LLP attorneys
for the Plaintiff herein.
2. I have read the foregoing Answer and know the contents thereof and that the same are true
to my knowledge, except as to those matters alleged upon information and belief, based
upon the books and records of Plaintiff and statements of its agents and employees. As to
those matters, I believe them to be true.
3. I am making this verification because my law office maintains a business residence in New
York County, New York and the Plâisdiff resides in a county outside of New York State,
Dated: New York, New York
December 2, 2021
Noah E. Levenson
6
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12/02/2021 06:38
01:36 PM INDEX NO. 160804/2021
NYSCEF DOC. NO. 10
1 RECEIVED NYSCEF: 02/08/2022
12/02/2021
BUTNICK & LEVENSON LLP
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------- ---------------- ---X
ELYSE PASQUALE, Index No.: /21
Plaintiff,
-against-
ANTHONY BURGES,
Defendant.
-----------------------------------------------------------X
SUMMONS and
VERIFIED COMPLAINT
BUTNICK & LEVENSON LLP
60 WEST 38TH STREET, SUITE 6W
NEW YORK, NY 10018
(212) 362-1197
7
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12/16/2021 06:38
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NYSCEF DOC. NO. 10
2 RECEIVED NYSCEF: 02/08/2022
12/16/2021
BUTNICK & LEVENSON LLP
Personal Service
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK .
AFFIDAVIT OF SERVICE *4289124
Index no :160804/21
Date of Purchase: 12/02/2021
ATTY FILE No:
ElS #:
PLAINTIFF(S): ELYSE PASQUALE
vs.
DEFENDANT(S): ANTHONY BURGES
STATE OF NEW YORKCOUNTY OF NASSAU ss.:
NICOLE LOREN GOLDING, the undersigned, being duly sworn, deposes and says:
Deponent is not a party to this action is over the age of 18 years and resides in the State of New York,
On 12/09/2021 at 8:50 PM, I served the within SUMMONS, VERIFIED COMPLAINT AND CONSENT TO
E-FILING SUPREME COURT CASE on ANTHONY EURGES at 340 E 23 ST APT PH3D, New York,
NY10010 in the manner indicated below:
By delivering and leaving a true copy or copies of the aforniciidwd documents with said DEFENDANT personally.
At the time of such service I knew the person so served as aforesaid to be the same person memioned and described in
the aforemendnned documents as ANTHONY BURGES the DEFENDANT in this action.
A true copy thereof, at their usual place of ABODE and that deponent knew the person so served to be the person
described as said recipient.
A description of the, person served is as follows:
Sex Color o Color of lmir Age(Approx) .Heigh((Approx) Weight(Approx)
skin/race
5'8"-6'0"
MALE WHITE BLACK & 55-60 Ï6ÂÂ00 Lbs
GRAY
O_t]ier Features:
That at the time of service, 1 asked the above mcñdcac.d DEFENDANT whether he or she was active in, or a dependant
of a person in the military service of the United States Government, or of the State of New York, and received a
negative reply.
Upon information and belief based upon the conversation and observation as aforesaid I aver that DEFENDANT is not
in the military service of the United States Gõvernment, or of the State of New York, as that term is defmed in the
statutes of the State of NewYork, or of the Federal Soldiers and Sailors CivRian Relief Act.
Sworn to and subscribed before me on
12/10/2021 NICOLE LOREN G LDING
License#: 2091902-DCA
. Advantage Process Servers, Inc. DBA Zellner Wood
102 Jericho Turnpike,
Suite 104
Deborah Savoia Floral Park,NY1100I
Notary Public, State of New York 516-326-6060
No. 01-6268936 NYC DCA License #: 1451565
Qualified in Suffolk County
Commission Expires 9/ l7/2024
1 of 1
Preview
FILED: NEW YORK COUNTY CLERK 02/08/2022 06:38 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/08/2022 Exhibit “A” FILED: NEW YORK COUNTY CLERK 02/08/2022 12/02/2021 06:38 01:36 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 02/08/2022 12/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No /2021 ELYSE PASQUALE, Date Filed: Plaintiff, -against- SUMMONS ANTHONY BURGES, . Venue is based on the location of the subject premises Defendant. ------------- -----------------------------------------X To the above-named defendant(s) 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 Plaintiffs' Appearance, on the 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 dercañded in the Complaint. Dated: December 2, 2021 Yours, etc. New York, N.Y. Butnick & Levenson LLP By: Noah E. Levenson, Esq. Butnick & Levenson LLP Attorneys for Plaintiff 38th 60 West. Street, Suite 6W New York, NY 10018 (212) 362-1197 DEFENDANT'S ADDRESS: 23'd 340 East Street Apartment PH3D New York, N.Y. 10010 1 1 of 7 FILED: NEW YORK COUNTY CLERK 02/08/2022 12/02/2021 06:38 01:36 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 02/08/2022 12/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------- ¬---- -----X Index No. /2021 ELYSE PASQUALE, Plaintiff, -against- VERIFIED COMPLAINT ANTHONY BURGES, Defendant. -- --------------- ----------------X Plaintiff ELYSE PASQUALE, by their attorneys Butnick & Levenscñ LLP, complaining of ANTHONY BURGES states as follows: PRELIMINARY STATEMENT attorneys' 1. This is an action for breach of lease by a tenant and for fees resulting from the "Defendant" failure of Defendant ANTHONY BURGES (hereinafter or "Tenant"), to 23rd satisfy such obligations for the tenancy located at 340 East Street, Unit PH3D, New York, N.Y. 10010 to pay rent, additional rent, and use & occupancy in accordance with the terms of the lease entered into by Plaintiff and the Tenant on or about July 27, 2020. THE PARTIES 2. Plaintiff ELYSE PASQUALE is a natural person. 23rd 3. Plaintiff is the owner and landlord of the premises known as and located at 340 East Street, Apartment PH3D, New York, N.Y. 10010 (the "Subject Premises"). 4. This action arose wholly and solely out of events with respect to the Subject Premises in the City of New York, New York County, and State of New York. 5. Defendant ANTHONY BURGES is a natural person. 2 2 of 7 FILED: NEW YORK COUNTY CLERK 02/08/2022 12/02/2021 06:38 01:36 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 02/08/2022 12/02/2021 BASIS OF THE PLAINTIFF'S CAUSES OF ACTION 6. Pursuant to a lease agreement between Plaintiff and Tenant, dated on or about July 7, 2020, (the "Lease"), Plaintiff leased the Subject Premises to Tenant for a 1-year term commencing on September 1, 2020, and ending on August 31, 2021. 7. Pursuant to the terms of the Lease, Tenant was required to pay $10,903.64 as the monthly base rent. 8. Tenant continues to remain in possession of the premises after the expiration of the Lease and has failed to tender rent before the expiration of the Lease and has failed to pay rent after the expiration of the Lease. AS AND FOR A FIRST CAUSE OF ACTION (Rent Owed Under Lease through August 31, 2021) 9. Plaintiff repeats, reiterates, and realleges each and every allegation as if set forth at length herein. 10. Pursuant to the Lease, Defendant owes to the Plaintiff the sum of $47,729.12 in rent and additional rent through August 31, 2021. 11. Pursuant to the Lease, Defendant must satisfy his obligations in the sum of $47,729.12 through August 31, 2021. 12. Plaintiff has been damaged in the sum of $47,729.12 through August 31, 2021. AS AND FOR A SECOND CAUSE OF ACTION (Unpaid Use & Occupancy from September 1, 2021 until possession of the Apartment is Returned to Plaintiff) 13. Plaintiff repeats, reiterates, and realleges each and every allegation as if set forth at length herein. 3 3 of 7 FILED: NEW YORK COUNTY CLERK 02/08/2022 12/02/2021 06:38 01:36 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 02/08/2022 12/02/2021 14. Use and occupancy for the Subject Premises should be set a minimum of $10,903.64 per month, pursuant to the Lease for the period after expiration of the Lease. 15. Defendant continues in possession of the Subject Premises after the expiration of the Lease on August 31, 2021. 16. Tenant is indebted to Plaintiff in the sum of $43,614.56, representing Use & Occupancy of the Subject Premises for the months of September 2021 through December 2021. 17. Accordingly, Plaintiff seeks a judgment in an amount to be determined at trial, for any and all use and occupancy that came due and remains unpaid from September 1, 2021 through the date possession is returned to Plaintiff at the rate of $10,903.64 per month. AS AND FOR A THIRD CAUSE OF ACTION (Attorneys' fees Against Tenant) 18. Plaintiff repeats, reiterates, and realleges each and every allegation as if set forth at length herein. 19. Pursuant to the Lease, Plaintiff is entitled to recover all costs and expenses including attorneys' reasonable fees as a result of Defendant's default. attorneys' 20. That the Plaintiff has incurred and will incur fees in the prosecution of this proceeding in such an amount as the Court shall determine at trial. 21. That by reason thereof, this Court should award the Plaintiff judgment over and against the Defendant, in such an amount as the Court shall determine at trial with respect to the attorneys' Plaintiff's fees, costs, and disbursements. WHEREFORE, Plaintiff demands judgment as follows: 1. On the First Cause of Action, a judgment in the sum of $47,729.12 against Defendant ANTHONY BURGES representing unpaid rent through August 31, 2021. 4 4 of 7 FILED: NEW YORK COUNTY CLERK 02/08/2022 12/02/2021 06:38 01:36 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 02/08/2022 12/02/2021 2. On the Second Cause of Action, a judgment in an amount to be determined at trial representing use and occupancy at the rate of $10,903.64 from September 1, 2021 until possession is returned to Plaintiff. 3. On the Third Cause of Action, a judgment against Defendant ANTHONY BURGES, in attorneys' such sum as the Court shall determine after trial with respect to fees, together with interest, costs and disbursements of this action. Dated: New York, N.Y. December 2, 2021 BUTNICK & LEVENSON LLP Attorneys for Plaintiff By: Noah E. Levenson, Esq. 38d2 60 West Street, Suite 6W New York, N.Y. 10018 (212) 362-1197 5 5 of 7 FILED: NEW YORK COUNTY CLERK 02/08/2022 12/02/2021 06:38 01:36 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 02/08/2022 12/02/2021 ATTORNEY VERIFICATION STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss.: Noah E. Levenson, being duly sworn and under the penalties of perjury, hereby deposes and says the following: 1. I, the undersigned, am an attorney and am a member of Butnick & Levenson LLP attorneys for the Plaintiff herein. 2. I have read the foregoing Answer and know the contents thereof and that the same are true to my knowledge, except as to those matters alleged upon information and belief, based upon the books and records of Plaintiff and statements of its agents and employees. As to those matters, I believe them to be true. 3. I am making this verification because my law office maintains a business residence in New York County, New York and the Plâisdiff resides in a county outside of New York State, Dated: New York, New York December 2, 2021 Noah E. Levenson 6 6 of 7 FILED: NEW YORK COUNTY CLERK 02/08/2022 12/02/2021 06:38 01:36 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 02/08/2022 12/02/2021 BUTNICK & LEVENSON LLP SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------- ---------------- ---X ELYSE PASQUALE, Index No.: /21 Plaintiff, -against- ANTHONY BURGES, Defendant. -----------------------------------------------------------X SUMMONS and VERIFIED COMPLAINT BUTNICK & LEVENSON LLP 60 WEST 38TH STREET, SUITE 6W NEW YORK, NY 10018 (212) 362-1197 7 7 of 7 FILED: NEW YORK COUNTY CLERK 02/08/2022 12/16/2021 06:38 12:44 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 10 2 RECEIVED NYSCEF: 02/08/2022 12/16/2021 BUTNICK & LEVENSON LLP Personal Service SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK . AFFIDAVIT OF SERVICE *4289124 Index no :160804/21 Date of Purchase: 12/02/2021 ATTY FILE No: ElS #: PLAINTIFF(S): ELYSE PASQUALE vs. DEFENDANT(S): ANTHONY BURGES STATE OF NEW YORKCOUNTY OF NASSAU ss.: NICOLE LOREN GOLDING, the undersigned, being duly sworn, deposes and says: Deponent is not a party to this action is over the age of 18 years and resides in the State of New York, On 12/09/2021 at 8:50 PM, I served the within SUMMONS, VERIFIED COMPLAINT AND CONSENT TO E-FILING SUPREME COURT CASE on ANTHONY EURGES at 340 E 23 ST APT PH3D, New York, NY10010 in the manner indicated below: By delivering and leaving a true copy or copies of the aforniciidwd documents with said DEFENDANT personally. At the time of such service I knew the person so served as aforesaid to be the same person memioned and described in the aforemendnned documents as ANTHONY BURGES the DEFENDANT in this action. A true copy thereof, at their usual place of ABODE and that deponent knew the person so served to be the person described as said recipient. A description of the, person served is as follows: Sex Color o Color of lmir Age(Approx) .Heigh((Approx) Weight(Approx) skin/race 5'8"-6'0" MALE WHITE BLACK & 55-60 Ï6ÂÂ00 Lbs GRAY O_t]ier Features: That at the time of service, 1 asked the above mcñdcac.d DEFENDANT whether he or she was active in, or a dependant of a person in the military service of the United States Government, or of the State of New York, and received a negative reply. Upon information and belief based upon the conversation and observation as aforesaid I aver that DEFENDANT is not in the military service of the United States Gõvernment, or of the State of New York, as that term is defmed in the statutes of the State of NewYork, or of the Federal Soldiers and Sailors CivRian Relief Act. Sworn to and subscribed before me on 12/10/2021 NICOLE LOREN G LDING License#: 2091902-DCA . Advantage Process Servers, Inc. DBA Zellner Wood 102 Jericho Turnpike, Suite 104 Deborah Savoia Floral Park,NY1100I Notary Public, State of New York 516-326-6060 No. 01-6268936 NYC DCA License #: 1451565 Qualified in Suffolk County Commission Expires 9/ l7/2024 1 of 1