SCfflNEO ON1i1-411lO

ORIGINAL
.

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

----------------- ----------------x

PAULUS SOKOLOWSKI
and SARTOR LLC,

0 96000 85

Filed On:
Plaintiff designates
New York County as
the place of trial

Plaintiff,
- against SAVOY SENIOR HOUSING
CORP ., ABC CORPORATIONS
(1-5)
and JOHN DOES (1-5),

Index No .

SUMMONS WITH NOTICE

The basis of venue is
, .the defendants residence

--------------- = =-----x
YOU ARE HEREBY SUMMONED to Answer the verified Complaint
in this action and t o serve a copy of your Answer, of if
t he Complaint is not served with the Summons, to service a
Notice of Appearance on the plaintiff 's attorneys 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 demanded herein .
Dated:

New York, New York

January 12, 2009

By:

a sky

Budd L r e , P.C.
140 Broadway, 46th
Floor New York, New
York 10005 ( 212 )
858-77
00

Attorneys for Plaintiff

Paulus, Sokolowski and
Sartor, LLC

Supreme Court Records Online Library - page 1of 10

TO:

Savoy Senior Housing Corp

. One Dag Hammarskjold
Plaza
885 Second Avenue, Suite 3400
New York, New York 10017

Notice: The nature of this action is breach of contract for

amounts owed.
The relief sought is judgment against the above mentioned
defendant(s) in the amount of $24,115.50 with interest from
February 14, 2008 and the costs, disbursements and
attorneys fees of this action.
Upon your failure to appear, judgment will be taken against
you by default for the sum of $24,115.50 with interest from
February 14, 2008 and the costs, disbursements and
attorneys fees of this action.

Sokolowski-Savoy -Summons with Notice 010809.doc

2
Supreme Court Records Online Library - page 2 of 10

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

--------------------------- ------x

Index No.:

PAULUS SOKOLOWSKI and

SARTOR LLC,
Plaintiff ,

VERIFIED COMPLAINT

- against SAVOY SENIOR HOUSING CORP

., ABC CORPORATIONS (1-5)
and JOHN DOES (1-5),

0 960 0 08 5

Defendants .

---------------------------------x
Plaintiff, Paulus Sokolowski and Sartor LLC, by way of
complaint

says

and

alleges

by and

through

the attorneys Budd

Larner, P.C., the following :

PARTIES
1.

Plaintiff

Paulus Sokolowski

and

Sartor,

LLC

(''PS&S"

or

"Plaintiff"), has its principal place of business located at

67A Mountain Boulevard Extension, Warren, New Jersey 07059,
and is authorized to conduct business in various states
including New Jersey, New York and Virginia.

2. Upon information and belief, Savoy Senior

Housing

Corp . (''Savoy") is located at One Dag Hammarskj old Plaza,

Second Avenue, Suite 3400, New York, New York 10017.

Supreme Court Records Online Library - page 3 of 10

885

Upon

information

and

belief,

defendants

ABC

Corporations (1-5) are fictitious corporate entities

whose

identities are unknown at this time.

4.

Upon information and belief, defendants John Does (1-

5)

are

fictitious individuals whose identities are unknown at this

time.
5.

Hereinafter, defendants Savoy, ABC Corporations (1-5) and

John

Does

(1-5)

will

be

collectively

referred

to

as

"Defendants."
6.

Hereinafter the term "Parties" shall refer to all persons

and/or entities named in the above captioned matter.

BACKGROUND

7.

On or about June 12, 2007, PS&S entered into a written

contract

(the

"Contract")

with

defendants

wherein

PS&S

agreed to provide defendants with environmental consulting and

engineering services in connection with a parcel of property
located

in Columbia County,

Virginia

(the

"Property") .

This Contract was executed by Savoy 's President, Jacob

Frydman ("Frydman") and an
authorized representative of PS&S.

A true and correct copy

of this Contract is attached hereto as Exhibit A.

8.

fee

for

approximately

Pursuant to the Contract, the parties agreed that the

consulting
$ 31, 500 . 00

and

engineering

service s

that t his
to

and

would

amount

be

wassubject

Supreme Court Records Online Library - page 4 of 10

change in accordance with the Standard Schedule of Changes

and General Conditions contained within the Contract.
9.
PS&S

on

As per the Contract, some of the services performed by

the

Property

include

but

are

not

limited

to

the

following : review site data, conduct a site evaluation,

prepare
site restoration

plan

and

reports,

and

attend

a meeting

in

Washington, D.C. with the Virginia Department of

Environmental Quality.
10. As per the Contract, defendants are required to pay PS&S 's
attorneys fees should PS&S be forced to retain counsel in
order to collect outstanding fees for professional services
rendered to defendants. See Exhibit A.
11.

sent

PS&S

defendants

invoices

for

professional

services rendered for the total sum of $24,115,50 as follows:

Invoice No.

Date Invoiced

Amount Eer

12/7/2007
1/18/2008
2/14/2008

85651

Invoice 86166
86526

3,055.
600, 923.50
14,137.00

True and correct copies of the invoices are attached hereto

as Exhibit B .
12. By letter dated August 21, 2008 ("August
PS&S

contacted

requested

Savoy's

payment

in

president,

Jacob

the

of

amount

Letter"),

Frydman,

$24,115.

50

and
for

outstanding fees in connection with services rendered to

Defendants in accordance

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with the Contract. A true and correct copy of this letter

is attached hereto as Exhibit C.
13.

There was no response to the August Letter .

14.

By letter

Lettern),

counsel

dated September
for

PS&S

(Budd

10,

("September

2 0 08

Larner,

PC)

contacted

Jacob Frydman and instructed him to submit a payment of

$24,115.

50

to

PS&S

for

services

rendered

under

the

Contract. Frydman was also advised that a lawsuit would be

instituted if he failed to make this payment . A true and
correct copy of the September Letter is attached hereto as
Exhibit D.
15 . The

September

Letter

was

sent

certified mail return receipt requested.

not received

the

return

receipt

card,

via

regular

and

Although we have
the

regular

mail

containing the September Letter has not been returned to

this office in any manner that would indicate Mr. Frydman
did not receive same.
16.

To date, there has been no response to either

the August

Letter or the September Letter.

17.

Contract

PS&S has fully, properly and timely complied with the

and

is

entitled

to

compensation

for

services

rendered in the amount of $24,115. 50. PS&S also supplied

defendants with invoices on a regular basis .
18. Defendants have failed to fully compensate PS&S for
professional services rendered in accordance with the Contract.

4
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As such, defendants have an outstanding balance of $24,115.50

due and owing to PS&S.
AS ANO FOR A FIRST CAUSE OF ACTION
(Breach of Contract)

19. Plaintiff incorporates paragraphs 1-18 hereof as if set

forth at length herein.
20.

On or about June 12, 2007, PS&S entered into the Contract

with

defendants

environmental

and

agreed

consulting

and

to

provide

engineering

professional

services

See

Exhibit
A.
21.

PS&S fully, properly and timely complied with the Contract.

22.

Despite PS&S 's requests for outstanding fees, to date,

defendants

have

failed

to

fully

professional

services

provided

Specifically,

defendants have

an

compensate
under

PS&S

the

outstanding

for

Contract.
balance

of

$24,115.50 due and owing to PS&S.

23. Defendants'

failure

to

pay

all

of

PS&S's

fees

for

the

services provided constitutes a breach of the Contract.

AS AND FOR A SECOND CAUSE OF ACTION
(Unjust Enrichment)

24. . PS&S incorporates paragraphs 1-23 hereof as if

at length herein .

set forth

Supreme Court Records Online library page 7 of 10

2 5 . PS&S fully , properly and timely provided defendants

with environmental consulting and engineering services

in

accordance with the Contract.

26.

Defendants received and accepted the benefit of PS&S's

services and failed to fully compensate PS&S for such
services. Thus, it would

be unjust

for defendants to retain

the benefits received from PS&S without full payment.

27.

As a result, defendants have been unjustly

enriched.
AS AND FOR A THIRD CAUSE OF ACTION
(Beach of the Covenant of
Good Faith and Fair Dealing)

28.

incorporates

PS&S

paragraphs

1-27 hereof

as if set

forth at length herein.

29.

Inherent

in every agreement

is

covenant

of

good

for

all

under

the

faith and fair dealing .

30.

Defendants
professional

'

failure
services

to

compensate

received

and

PS&S

accepted

Contract constitutes a breach of defendants ' covenant of

good faith and fair dealing .

WHEREFORE, plaintiff demands judgment against defendants

as follows:

(a) Compensatory damages;

(b) Interest from February 14, 2008;
( c)

Costs of the suit;

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(d) Attorney 's fees; and

(e)

Such other and further relief as the court deems f air

and just.
Dated:

New York, New York

January 12, 2009

By:

im
Budd L e , P.C.
140 Broadway, 46th
Floor New York, New
York 10005 ( 212 )
8587 7 00

Attorneys for Plaintiff

Paulus, Sokolowski and
Sartor, LLC

Sokolowski-Savoy -Verified Complaint O l0809.doc

7
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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
PAULUS SOKOLOWSKI and SARTOR, LLC,
Index No . :

Plaintiff,
- against SAVOY SENIOR HOUSING CORP., A8CE CORPORATIONS (1-5)
and JOHN DOES (1-5),
Defendants ,

SUMMONS AND VERIFIED COMPLAINT

BUDD LARNER, P.C.

140 Broadway, 46th Floor
New York, New York 10005
Telephone (212) 858-7700
Facsimile (212) 858-7699
Attorneys for Defendant
Paulus Sokolowski and
Sartor, LLC

Supreme Court Records Online Library - page 10 of 10