IFILED: NEW YORK COUNTY CLERK 03/23/20121

NYSCEF DOC. NO.1

INDEX NO. 650911/2012 RECEIVED NYSCEF: 03/23/2012

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------x ANNEMERIE DONOGHUE, Plaintiff, -against-

Index No. Plaintiff designates New York County as the place of trial The basis of venue is Plaintiff's residence: 635 West 42d Street, 27B New York, New York

EXTRA SPACE MANAGEMENT, INC., Defendant.

SUMMONS ------------------------------------------------------------------------x TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the summons and complaint in this action and to serve copies of your answer upon the undersigned within 20 days after

service of this summons and complaint upon you, exclusive of the day of service, or within 30 days if these papers are not personally delivered to you within the State of New York.
In case of your failure to appear or answer, judgment will be taken against you by default

for the relief demanded in the complaint. Dated: New York, New York March 23,2012

BY:/@~~
TO; EXTRA SPACE MANAGEMENT, INC. 2795 East Cottonwood Parkway Salt Lake City, Utah 84121

LYNCH ROWIN LLP

arc~win 630 Third Avenue New York, New York 10017 (212) 682 - 4001 Attorneys for Plaintiff AnneMerie Donoghue

2

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

------------------------------------------x
ANNEMERIE DONOGHUE, Index No. Plaintiff, -againstEXTRA SPACE MANAGEMENT, INC., Defendant. COMPLAINT

------------------------------------------x
Plaintiff AnneMerie Donoghue ("Donoghue"), by her attorneys, Lynch Rowin LLP, for her complaint, alleges as follows: FIRST CAUSE OF ACTION 1. Donoghue is a resident of New York with an address at 635 West 42d Street,

27B, New York, New York. 2. Defendant Extra Space Management, Inc. ("ESM") is a Utah corporation

authorized to do business in New York and having a principal place of business at 2795 East Cottonwood Parkway, Salt Lake City, Utah 84121. 3. Upon information an belief, ESM operates self-storage facilities throughout

the United States. 4.
On November 20, 2010, Donoghue entered into a Rental Agreement with

ESM, pursuant to which she rented three self-storage units at ESM's self-storage facility

at 11423 Vanowen Street, North Hollywood, California 91605 at a monthly rent of $312 per month. 4. At the time of the execution of the Rental Agreement, Donoghue pre-paid for

two months rental. 5. In addition, at the time of the execution of the Rental Agreement, Donoghue

signed an ESM document entitled AutoPay Card, by which Donoghue provided ESM with a valid credit number and authorized them touse that credit card to pay all rental charges as they became due. This document was signed by the manager of the North Hollywood facility to indicate that he had received it. 5. From time to time beginning in November 2010, Donoghue stored her

possessions at the self-storage units she rented at ESM's North Hollywood facility. 6. Among the possessions which Donoghue stored at the self-storage units she

rented at ESM's North Hollywood facility were various works of fine art, including four prints by internationally famous artist Andy Warhol, each of which is entitled "Details of Renaissance Paintings (Sandro Botticelli)" ("Warhol Prints"). 7. On information and belief, despite Donoghue's having tendered payment to

ESM by virtue of having provided ESM with a valid credit card and having authorized ESM to use that credit card to pay all rental charges as they became due, ESM claimed that Donoghue had failed to pay all rental charges. ESM thereafter wrongfully entered and

2

removed Donoghue's possessions, including the Warhol Prints, from the storage units which Donoghue had rented. 8. On information and belief, after Donoghue's possessions, including the

Warhol Prints, were removed by ESM from the storage units rented by Donoghue, ESM caused them to be sold at auction. 9. Bywrongfully removing and auctioning off Donoghue's property, including

the Warhol Prints, ESMbreached its Rental Agreement with Donoghue. 10. By reason of the foregoing, Donoghue has been damaged. SECOND CAUSE OF ACTION 11. 12. Paragraphs 1 through 10 are realleged. Bywrongfully removing and auctioning off Donoghue' sproperty, including

the Warhol Prints, ESM wrongfully converted Donoghue's property. 13. By reason of the foregoing, Donoghue has been damaged.

WHEREFORE,judgment should be awarded to Donoghue as follows: A. On her First Cause of Action, awarding her damages in an amount to be

determined at trial but not less than $250,000; B. On her Second Cause of Action, awarding her damages in an amount to be

determined at trial but not less than $250,000;
C. Awarding her her costs and disbursements, including her reasonable attorneys

3

fees; and D. Granting her such other relief as is just and proper.

Dated: New York, New York March 23, 2012 LYNCH ROWIN

New York, New York 10017
(212) 682-4001

Attorneys for Plaintiff AnneMerie Donoghue

4

Sign up to vote on this title
UsefulNot useful