FILED: NEW YORK COUNTY CLERK 02/28/2018 12:36 PM INDEX NO.

650948/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2018

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
AMERICAN EXPRESS TRAVEL RELATED
SERVICES COMPANY, INC.

Index No.

Plaintiff,
Date Purchased:
-against-

SUMMONS

THE WEINSTEIN COMPANY HOLDINGS, The basis of the venue is plaintiff's principal
LLC D/B/A THE WEINSTEIN COMPANY, place of business and designated by contract.
LLC

Defendant.

To: THE WEINSTEIN COMPANY HOLDINGS, LLC

D/B/A THE WEINSTEIN COMPANY, LLC
99 Hudson Street, 4th Floor
New York, 10013

YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorney, at

the address stated below, an answer to the attached complaint.

If this summons was personally served upon you in the State of New York, the answer

must be served within twenty days after such service of summons, excluding the date of service.

If the summons was not personally delivered to you within the State of New York, the answer

must be served within thirty days after service of the summons is complete as provided by law.

If you do not serve an answer to the attached complaint or otherwise appear within the

applicable time limitation stated above, a judgment may be entered against you by default for the

relief demanded in the complaint without further notice to you.

The action will be heard in the Supreme Court of the State of New York, in and for the

COUNTY OF NEW YORK. This action is brought in the COUNTY OF NEW YORK because it

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is the place of plaintiff's principal place of business, with an address at: 200 Vesey St, New

York, NY 10285, and is designated by contract.

Dated: New York, New York

February 28, 2018

JAFFE 2 ASHER LLP

r

By:
Lawrence M. Nessenson, Esq.

600 Third Avenue

New York, New York 10016

(212) 687-3000
Attorneys for the Plaintiff
American Express Travel Related
Services Company, Inc.

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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
AMERICAN EXPRESS TRAVEL RELATED
SERVICES COMPANY, INC. , Index No.:

Plaintiff, COMPLAINT

-against-

THE WEINSTEIN COMPANY HOLDINGS, LLC

D/B/A THE WEINSTEIN COMPANY, LLC

Defendant.

("
Plaintiff, American Express Travel Related Services Company, Inc. ("American

Express"
Express"), by its attorneys, Jaffe & Asher LLP, as and for its complaint herein against defendant,

THE WEINSTEIN COMPANY HOLDINGS, LLC D/B/A THE WEINSTEIN COMPANY,

(" Defendant"
LLC, ("Defendant"), hereby alleges as follows:

THE PARTIES

1. Plaintiff, American Express, is a corporation organized and existing under the

laws of the State of New York whose principal place of business is located at 200 Vesey St.,

New York, New York 10285.

2. Upon information and belief, Defendant is a business organized and existing

under the laws of the state of New York with a place of business located at 99 Hudson Street, 4th

Floor, New York, 10013.

FACTS

The American Express Corporate Card

3. Defendant applied for and was given an American Express Corporate Card (the

"Card"
"Card") extending charge privileges from American Express to Defendant and enabling it, and

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its employees to charge items to American Express Corporate Accounts listed in Exhibit A

"Account"
(referred to herein as the "Account").

4. By accepting the Card and executing the Agreement, Defendant agreed to all of

the terms and conditions set forth in the Corporate Services Commercial Card Account

Agreement between it and American Express Travel Related Services Company, Inc. (the

"Agreement"
"Agreement"). The relevant terms and conditions with respect to the Agreement include the

following:

(a) This court has jurisdiction over Defendant pursuant to the Agreement,

wherein, Defendant agreed that the sole venue for any litigation arising out

of this Agreement shall be an appropriate federal or state court located in

the State of New York.

(b) Defendant agreed to be liable for all amounts charged to the Corporate

Account.

(c) Defendant agreed that payment for all charges is due upon receipt of the

monthly billing statement.

(d) Defendant agreed to pay all court costs if American Express must refer the

Account to an attorney who is not an American Express employee.

(e) Pursuant to the Agreement, Defendant further agreed in the event of

default they would pay all reasonable costs incurred by American Express

(1) in collecting the balance due, including Finance charges and

delinquency fees and (2) in protecting itself from any harm it may suffer

as a result of the default.

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The Default

A. The American Express Corporate Account

5. Defendant used the Card to charge various items to the Account for which

payment was not made.

"Statements"
6. American Express sent monthly billing Statements (the "Statements") to

Defendant for the Account, which showed the balance due on the Account.

7. In violation of the Agreement requiring Defendant to remit the payment indicated

by the Statements, Defendant failed and refused to pay such balance. As a result, American

Express suspended Defendant's charge privileges on the Account.

8. The total outstanding, overdue and unpaid balance with respect to the Account

owed by Defendant to American Express is $1,380,281.14.

AS AND FOR A FIRST CAUSE OF ACTION

(Breach of Contract)

9. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1

through 8 of this complaint as though fully set forth at length herein.

10. By providing Defendant with the Card and allowing it to charge goods and

services to the Account, Defendant agreed pay for all items charged to the Accounts. In

addition, Defendant agreed to pay American Express late fees and court costs in the event that

American Express referred the Account to an outside attorney for collection.

11. As set forth above, Defendant is indebted to American Express for unpaid charges

made to the Account.

12. Despite due demand, Defendant has failed and refused to pay American Express

the outstanding balance, $1,380,281.14, that is due and owing.

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13. As a result of the failure to pay the amount owed, American Express referred its

claim against Defendant to an outside attorney for collection.

14. By reason of the foregoing, American Express is entitled to judgment against

Defendant for breach of contract in the sum of $1,380,281.14, plus court costs.

AS AND FOR A SECOND CAUSE OF ACTION

(Account Stated)

15. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1

through 14 of this complaint as though fully set forth at length herein.

16. American Express duly issued and Defendant received, monthly Statements of

Account that set forth in detail all items charged to the Account and the total amount due and

owing by Defendant to American Express.

17. Defendant received the monthly Statements of Account without protest and

neither objected to them nor indicated that they were erroneous in any respect. Thus, Defendant

acknowledged that the debt owed by it to American Express is correct.

18. As set forth above, despite due demand, Defendant has failed and refused to pay

American Express any portion of the amount due and owing.

19. By reason of the foregoing, American Express is entitled to judgment against

Defendant for the Accounts stated in the sum of $1,380,281.14, plus court costs.

AS AND FOR A THIRD CAUSE OF ACTION

(Unjust Enrichment)

20. Plaintiff repeats and realleges each and every allegation contained in paragraphs

1 through 19 of this complaint as though fully set forth at length herein.

21. Defendant has benefited from all of the charges made to the Account. Given its

failure to make payment for the outstanding balance owed with respect to the Account, and the

fact that Defendant was the beneficiary of all items charged to the Account, it would be unjustly

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enriched unless judgment is entered against it for the full balance due and owing on the

Account.

22. By reason of the foregoing, American Express is entitled to judgment against

Defendant for unjust enrichment in an amount to be determined at trial, plus court costs.

WHEREFORE Plaintiff, American Express Travel Related Services Company, Inc., requests

judgment against defendant THE WEINSTEIN COMPANY HOLDINGS, LLC D/B/A THE

WEINSTEIN COMPANY, LLC:

(i) on the first cause of action in the sum of $1,380,281.14, plus court costs;

(ii) on the second cause of action in the sum of $1,380,281.14, plus court

costs;

(iii) on the third cause of action in an amount to be determined at trial, plus

court costs;

(iv) for such other and further relief as is just and proper.

Dated: February 28, 2018

New York, New York

JAFFE & A R P

By:
Lawrence M. Nessenson, Esq.

600 Third Avenue

New York, New York 10016

(212) 687-3000
Attorneys for the Plaintiff
American Express Travel Related

Services Company, Inc.

This communication is from a debt collector.

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