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3 1 1 0 4 5 70 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

MERCURY PUBLIC AFFAIRS LLC d/b/a IGR GROUP and FHGR

X _____________"______1_l_l___l___r_____r_-"--------------------

SUMMONS WITH NOTICE

Index No. Plaintiff,

-against-

TO THE ABOVE-NAMED DEFENDANTS:

YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorney an answer to the complaint in this action within twenty days after the service of this summons, exclusive of the day of service, or within thirty days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint.

The basis of the venue is the principal office of the plaintiff, Plaintiff principal office is 137 Fifth Avenue, New York, New York 10010.

Dated: April 1,20 1 1

JAMES W. LaPAGLIA, ESQ.

L U ! Morney for Plaintiff 175 Main Street White Plains, New York 1060 1 (914) 328-0640

Supreme Court Records OnLine Library - page 1 of 10

I Plaintiff,

~ -against- Index No.

VERIFIED COMPLAINT

The Plaintiff, MERCURY PUBLIC AFFAIRS LLC d/b/a by its attorney, JAMES W.

LaPAGLIA, ESQ., alleges as follows:

AS AND FOR G FIRST CAUSE OF ACTION

1. Plaintiff MERCURY PUBLIC AFFAIRS LLC (hereinafter “Plaintiff ’) is

and at all times mentioned herein a limited liability company, organized under and

existing pursuant to the laws of the State of Delaware and licensed to do business in the

State of New York,

2. At all times herein mentioned Plaintiff has and still maintains a place of

business at 137 Fifth Avenue, 3rd Floor, New York, New York 10010.

3. On or about December 5,2006 Plaintiff filed a certificate of assumed name

(Mercury Public Affairs LLC d/b/a FHGR) pursuant to General Business Law 5 130 with

the New York Department of State. A copy is appended hereto as Exhibit “1”


4. On or about December 1,2008 Plaintiff filed a certificate of assumed name

(Mercury Public Affairs, LLC d/b/a IGR Group) pursuant to General Business Law 6 130

with the New York Department of State. A copy is appended hereto as Exhibit “2”

5 . Upon information and belief, Defendant GRAMERCY PARK MEDICAL

GROUP, P.C. (hereinafter “Gramercy Medical”) is and at all times herein a corporation,

organized under and existing pursuant to the laws of the State of New York.

6 . Upon information and belief Gramercy Medical maintains a place of

business at 253 Third Avenue, New York, New York 10001.

7, On or about May 24,2007 Plaintiff and Gramercy Medical executed a

“Consulting Services Agreement” (‘Agreement’’) effective as of June 1,2007. A copy of

the Agreement is attached as Exhibit “3”.

8. Upon infomation and belief Defendant RAYMOND SANCHEZ

(hereinafter “Sanchez”) is an officer and/or an agent of Gramercy Medical. Sanchez is a

signatory to the Agreement.

9. Under the agreement, Gramercy Medical agreed to pay Plaintiff $5,000.00

per month. Payments were due on the 1’‘ of each month.

10. Paragraph 3 of the Agreement provides in part that, “The term of this

Agreement shall be on the Effective date and will continue in effect until May 3 1,2008

(the “Term”). The Term of this Agreement shall continue on a month to month basis

thereafter, unless terminated by either party on thirty (30) days prior written notice to the

other party, which notice shall be given prior to the end of the initial Term or any month

thereafter.”

2


i 1 1. Paragraph 14 of the Agreement provides in part that, “All disputes arising

out of or in connection with this Agreement shall be adjudicated in a court of competent

jurisdiction located in New York County, New York. Client hereby irrevocably consents

to and submits to the personal jurisdiction of such courts and waives any defense in the

nature of forum non conveniens or like claim related hereto.”

12. On or about June 30,2008 Plaintiff and Defendant Gramercy Medical

executed an “Amendment to Renew Contract Agreement” (hereinafter “First Renewal”)

effective as of June 1,2008. Sanchez is a signatory to the First Renewal. A copy is

appended hereto as Exhibit “4”.

13. Under the First Renewal, Gramercy Medical agreed to pay Plaintiff

$7,500.00 per month until May 3 1,2009. The First Renewal was to continue thereafter on

a month-to-month basis thereafter unless terminated by either party on thirty (30) days

prior written notice.

14. Plaintiff performed various consulting services for Gramercy Medical

pursuant to the Agreement.

15. Though Plaintiff has made due demand Gramercy Medical has an unpaid

balance of $2,000.00 for services performed from August 1,2009 to August 3 1,2009.

16. Though Plaintiff has made due demand, Gramercy Medical has not made

any payment for services performed from September 1,2009 through February 28,20 1 1.

17.

18.

19.

There is an unpaid balance of $137,000.00.

Gramercy Medical has breached the contract with Plaintiff.

As a result of the foregoing, Plaintiff has sustained damage in the sum of

ONE HUNDRED THIRTY SEVEN THOUSAND ($137,000,00) DOLLARS

3


c

I 1

AS AND FOR A SECOND CAUSE OF ACTION

20. Plaintiff repeats and realleges the allegations contained in paragraphs “1”

through “19” with the same force and effect as if fully set forth at length.

2 1, Upon information and belief, Defendant GRAMERCY PARK

SERVICES, LLC (hereinafter ‘‘Gramercy Services”) is and at all times herein a limited

liability company, organized under and existing pursuant to the laws of the State of New

York.

22. Upon information and belief Gramercy Services maintains a place of

business at 253 Third Avenue, New York, New York 10001.

23. Upon information and belief, on or about August 1,2009 Gramercy

Medical assigned the Agreement to Gramercy Services and Gramercy Services assumed

all of the obligations of Gramercy Medical.

24. On or about May 10,2010 Plaintiff and Gramercy Services executed an

“Amendment to Renew Contract Agreement” (hereinafter “Second Renewal”) effective

as of June 1,2010. A copy is appended hereto as Exhibit “5”*

25. Upon information and belief Sanchez is a member and/or agent of

Gramercy Services. Sanchez is a signatory to the Second Renewal.

26. Under the Second Renewal, Gramercy Services agreed that the Agreement

would continue until May 3 1,201 1 and thereafter on a month-to-month basis thereafter

unless terminated by either party on thirty (30) days prior written notice.

27. Plaintiff performed various consulting services for Gramercy Services

pursuant to the Agreement.

4


c

28. Though Plaintiff has made due demand Gramercy Services has an unpaid

balance of $2,000.00 for services performed from August 1,2009 to August 3 1,2009.

29. Though Plaintiff has made due demand, Gramercy Services has not made

any payment for services performed from September 1,2009 through February 28,201 1.

30.

3 1.

32.


Gramercy Services has breached the contract with Plaintiff,

As a result of the foregoing, Plaintiff has sustained damage in the sum of

ONE HUNDRED THIRTY SEVEN THOUSAND ($137,000,00) DOLLARS.

AS AND FOR A THIRD CAUSE OF ACTION



34. On or about May 24,2007 Plaintiff and DEFENDANT RAYMOND

SANCHEZ (hereinafter “Sanchez’) executed a “Consulting Services Agreement”

(L‘Agreement’’) effective as of June 1,2007. A copy of the Agreement is attached as

Exhibit “3”,

35. Under the agreement, Sanchez agreed to pay Plaintiff $5,000.00 per

month. Payments were due on the 1’‘ of each month.

36. Paragraph 14 of the Agreement provides in part that, “All disputes arising

out of or in connection with this Agreement shall be adjudicated in a court of competent

jurisdiction located in New York County, New York. Client hereby irrevocably consents

5


t t

to and submits to the personal jurisdiction of such courts and waives any defense in the

nature of forum non conveniens or like claim related hereto.”

37. On or about June 30,2008 Plaintiff and Sanchez. executed an

“Amendment to Renew Contract Agreement” (hereinafter “First Renewal”) effective as

of June 1,2008. A copy is appended hereto as Exhibit “4”.

38. Under the First Renewal, Sanchez agreed to pay Plaintiff $7,500.00 per

month until May 3 1,2009. The First Renewal was to continue on a month-to-month basis

thereafter unless terminated by either party on thirty (30) days prior written notice.

39. On or about May 10,2010 Plaintiff and Sanchez executed an

“Amendment to Renew Contract Agreement” (hereinafter “Second Renewal”) effective

as of June 1,201 0. A copy is appended hereto as Exhibit “5”.

40. Under the Second Renewal, Sanchez agreed that the Agreement would

continue until May 3 1,201 1 and thereafter on a month-to--month basis thereafter unless

terminated by either party on thirty (30) days prior written notice.

4 1. Plaintiff performed various consulting services for Sanchez pursuant to the

Agreement.

42. Though Plaintiff has made due demand Sanchez has an unpaid balance of

$2,000.00 for services performed from August 1 , 2009 to August 3 1 , 2009.

43, Though Plaintiff has made due demand, Sanchez has not made any

payment for services performed from September 1,2009 through February 28,201 1.

44.

45.


Sanchez has breached the contract with Plaintiff.

6


1 1

46. As a result of the foregoing, Plaintiff has sustained damage in the sum of

ONE HUNDRED THIRTY SEVEN THOUSAND ($1 37,000,OO) DOLLARS.

AS AND FOR A FOURTH CAUSE OF ACTION



48. Plaintiff has sent various bills and account stated to Gramercy Medical,

Gramercy Services and Sanchez and upon such account stated a balance of $137,000.00

was due and agreed to be due to Plaintiff from Defendants.

49. Although duly demanded, gramercy Medical, Gramercy Services or

Sanchez have not paid $137,000.00

50, As a result of the foregoing, Plaintiff has sustained damage in the sum of

ONE HUNDRED THIRTY SEVEN THOUSAND ($137,000.00) DOLLARS.

AS AND FOR A FIFTH CAUSE OF ACTION

5 1. Paragraph 14 of the Agreement provides in part that: “The prevailing party

in any legal proceeding in connection with this Agreement shall have the right to require

the non-prevailing party in such proceeding to make payment to and reimburse the

prevailing party for the entire amount of the legal fees and related expenses which the

prevailing party shall have incurred in connection with the commencement, prosecution

or defense of such proceeding and the trier of fact in such proceeding shall as a

7 Supreme Court Records OnLine Library - page 8 of 10

I 1

component of any judgment or award make an award to the prevailing party of such legal

fess and expenses. The prevailing party shall be that party which shall have prevailed on

a majority, but necessarily all, of the material issues which were adjudicated in such

proceeding.”

52, The entire amount of legal fees and related expenses is TWENTY

THOUSAND ($20,000.00) DOLLARS.

WHEREFORE Plaintiff demands judgment against Defendant GRAMERCY

PARK MEDICAL GROUP, P.C. on the First Cause of Action in the sum of ONE

HUNDMD THIRTY SEVEN THOUSAND ($137,000.00) DOLLARS and against

Defendant GRAMERCY PARK SERVICES LLC on the Second Cause of Action in the

sum of ONE HUNDRED THIRTY SEVEN THOUSAND ($137,000.00) DOLLARS and

against Defendant RAYMOND SANCHEZ on the Third Cause of Action in the sum of

ONE HUNDRED THIRTY SEVEN THOUSAND ($1 37,000.00) DOLLARS and against

all Defendants on the Fourth Cause of Action in the sum of ONE HUNDRED THIRTY

SEVEN THOUSAND ($137,000.00) DOLLARS and against all Defendants on the Fifth

Cause of Action in the sum of TWENTY THOUSAND ($20,000.00) DOLLARS

together with interest, costs disbursements and any other and further relief the Court

deems just and proper.

Dated: White Plains, New York April 1,2011

JAMES W. LaPAGLIA, ESQ.

Attorney for Plaintiff 175 Main Street White Plains, New York 10601 (914) 328-0640

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STATE OF NEW YORK EXECUTIVE DEPARTMENT

DIVISION OF ALCOHOLIC BEVERAGE CONTROL

STATE LIQUOR AUTHORITY

!!!!!!!

Standardized NOTICE FORM for Providing a 30-Day Advance Notice to a Local Municipality or Community Board

in connection with the submission to the State Liquor Authority of a (check one)

New Application Renewal Application Alteration Application Corporate Change

for an On-Premises Alcoholic Beverage License !

Filing Checklist Items that need to be submitted with your application. This checklist has been created to better assist you with the application process. All items on the checklist must be complete and accurate to the best of your ability. If all items on the checklist are not submitted, the application may be disapproved for Failure to Comply. All Applicants MUST submit the following Sections of the Retail License Application upon filing of the application: _____Application _____Right to Premise _____Landlord Identification _____List of Expenses _____Establishment Questionnaire _____Method of Operation _____Citizenship Affirmation (for each principal not US born) _____Applicant’s Statement _____Personal Questionnaire (for each Principal, Manager, Lender, Donor, etc.) All Applicants MUST submit the following Supporting Documents upon filing of the application: _____Bond , Form L-9 (signed by the applicant and expiring at the end of the initial licensing term) _____Community Board/Municipality Notification (using the correct Standardized Form) _____Detailed Diagrams which include Interior and Block Plot _____Investment Records showing the source and availability of the funds to be used for the venture _____Lease/Deed/Contracts (any applicable for this venture) _____Photo Identification for all applicant Principals and Managers _____Photos of applicant Principals and Managers _____Proof of Citizenship for all applicant principals NOT currently licensed with the NYS Liquor Authority(copy of Birth Certificate, Passport) _____Photos of the proposed premises (interior including kitchen area and exterior) _____Notice of Appearance (if represented by someone other than the applicant) On-Premise (beer, beer & wine, beer, wine & liquor) Applicants MUST ALSO submit the following Sections of the Retail License application and the following Supporting Documents upon filing of the application: _____500’ Rule Statement _____200’-Statement of Area Plan _____Letter of request to waive the 2 bathroom rule (if only 1 bathroom) _____Maximum Occupancy Certificate (if requesting the Bathroom Waiver) _____Menu Off-Premise (beer, beer & wine, beer, wine & liquor) Applicants MUST ALSO submit the following Sections of the Retail License application and the following Supporting Documents upon filing the application: _____Grocery Store Stipulation (Grocery Stores Only) _____Liquor Store Questionnaire (Liquor & Wine Stores Only) _____Frontal Elevation Diagram (Liquor & Wine Stores Only) _____Pharmacy License Certificate (Drug Stores Only) All Applicants MUST submit the following Supporting Documents before a license can be issued: _____Certificate of Assumed Name (if a DBA is used) _____Certificate of Authority to Collect Sales Tax _____Certificate of Occupancy (On-Premise Establishments Only) _____Coast Guard Certification (Vessels Only) _____Department of State Filing Receipt _____Newspaper Affidavit _____Photos of the premise showing ready to open and operate _____Worker’s Comp & Disability Insurance policy numbers AND carrier names OR a Certificate of Attestation of Exemption from coverage.

Revised 11/8/11