Professional Documents
Culture Documents
Plaintifl
-against-
SUMMONS
127 WEST
25thLLC,
Defendant.
Index No.
/2011
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 summon8 to serve a notice of appearance with a demondfor the complaint, on the plaintiffs attorneys within 20 days after the service of this summong exclusive of the day of service, where service is
made by delivery upon you personally within the state, or within 30 days after completion
of service where service is made in any other manner. In case of yourfailure to appear
or answer, judgment will be taken against you by defaultfor the relief demanded in the
complaint.
as the place
of trial.
place of businesq.
',
'- , corp
An
l
i:'
CHESTER LLP
laintiff
VERIFIED COMPLAINT
-againstIndex Defendant.
127 WEST
zsthLLC,
No.
l20ll
The plaintiffCassidy Turley New York Inc. (hereinafter "Cassidy Turley'') by its attomeys Cole Hansen Chester LLP, complaining of the defendant respectfully alleges:
The Parties
1.
York.
2.
The defendant 127 West 25th LLC (hereinafter "127 West 25th" or
a
Corporation and owner of the building known by the street address 127-l3l West 25th
Street, New York, New York.
The
Moterial Facts
3.
of
I
s
and 2
of the said written real estate brokerage agreement, promised to pay the plaintiff
predecessor in interest Colliers ABR Inc., (hereinafter ABR) also a licensed real estate
$2
defendant 127 West 25th as Landlord and the Bowery Residents Committee ("BRC") as
Tenant with regard to the building 127-131 West 25th Street New York, New
York.
See,
4.
Also pursuant to the terms of the said written real estate brokerage
agreement, paragraph 13, the parties acknowledged that upon notice the named broker
Colliers ABR Inc. would be succeeded by the plaintiff Cassidy Turley who then be
entitled to payment under the said written real estate brokerage agreement: written notice
of the change to Cassidy Turley was given to defendant on or about June 8, 2011.
5.
The
hundreds of hours of hard negotiation by its associated broker agents, taking place over a
year time frame which resulted in consummation of the lease subject of the brokerage agreement aforesaid.
Page 2
of 10
6.
between the defendant landlord 127 West 25th and the tenant BRC with regard to the
building 127-l3I West 25th Street New York, New York legally and factually occurred.
7.
execution, the full commissionof $2,287,570 was due, the commission was to be paid in installments per brokerage agreement at paragraph 3 which states in substance:
a.
b.
onrent
c.
paid to plaintiffin equal monthly installments of $77,087.22 on first day of each month immediately following rent commencement.
d.
12, provides
defendant defaults in payment of any installment which continues for 30 days after notice.
Page 3
of 10
8.
agreement (paragraphs
$2,287,570 was eamed. To wit, execution of a binding lease between defendant landlord
and tenant did legally and factually occur on or about February 2010 as aforesaid.
9.
initialfunding
amendment of the subject lease, the tenant BRC completed its payment of the tenant's
hence the first installment of the commission in the amount of $400,000
plaintiff
10.
The
no payment as otherwise due on the first installment of $400,000, written notice of past
due demand was sent to defendant on or about December 2010 and againon or about
January
11.
due to be paid
defined in the lease": The said lease definingrent commencement as the date following the end of the rent abatement period. Apropos, the second amendment of the lease dated
Page 4
of 10
October 4,2010, the rent abatement period ended on January 31,2011. Therefore, rent commencement as defined in the lease occurred as of February 1,2011. Hence, the
second installment of the commission in the amount of $500,000 became due for
l,20ll.
12.
no payment on either the first or second installment of the real estate brokerage commission due as aforesaid, both installments being otherwise due on or after February
l,20ll:
written demand for past due payment was thus sent by plaintiff on or about April
l9,20ll and again on or about June 8, 2011, demanding payment of both installments.
No part of which has been paid by defendant to the date hereof.
13.
any installment due, and default continues for 30 days after notice, the plaintiffhas the
14.
for payment was sent by plaintiff to defendant on or about April 19, 2011, and again on
or about June 8, 2011, demanding payment of both past due installments, no part
of
Page 5
of 10
15.
brokerage agreement atparugraph 12: in addition to the first installment in the amount
of
$400,000 being due plaintiff and the second installment in the amount of $500,000 also being due plaintiff, there is finally due plaintiff under the written brokerage agreement aforesaid, the full remaining balance of the commission in the amount of $1,387,570,no part of which has been paid by defendant.
16.
plaintiff
brokerage agreement or such other or greater amount as may be proven at atnal of this action.
17.
The
16 of this
18.
parties as aforesaid provides that the prevailing party shall be entitled to recover reasonable attorney's fe e s, costs and expenses.
Page 6
of
10
19.
plaintiff further
parties as aforesaid.
AS AND F'OR A THIRD CAUSE OF ACTION (Order Directing Payment to Broker by Tenant as Agreed and Consented by Defendant)
20.
I through
16 of this
21.
it further
payment due the plaintiffis not paid within thirty (30) days after notice of non-payment, the defendant agreed and consented in the written brokerage agreement as aforesaid, that the tenant BRC can pay the plaintiff the unpaid brokerage commission with entitlement
22.
on the first cause of action or for any portion of the commission found by the court to be
Page 7
of l0
plaintiff hereby
part of any judgment rendered against defendant, entitling the tenant BRC to rent
abatement for any monies
1.
(Two Million Two Hundred Eighty Seven Thousand Five Hundred Seventy Dollars) plus
contract interest pursuant to the written brokerage agreement or such other or greater amount as may be proven at a trial of this action.
2.
expenses as determined by the Court in accord with the agreement between the parties.
3.
On the Third Cause of Action, a further order of the court which shall be
part of any judgment rendered against defendant, entitling the tenant BRC to rent
abatement for any monies
4.
Page 8
of 10
5.
CHESTER LLP
By: Michael
S. Cole, Esq.
7 67 ThfudAvenue - 24th Floor New Yorlg New York 10017 Tel: (212) 599-1s35
Page 9
of 10