FILED: NEW YORK COUNTY CLERK 02/10/2017 05:01 PM INDEX NO.

650767/2017
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2017

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
----------------------------------------------------------------------X Date Filed: February 10, 2017
BENNY BLANCO, INC., Index No.:

Plaintiff, SUMMONS
Plaintiffs Business
Address: 10 West 37th
Street, 3rd Floor
New York, New York
10018
-against-

PEBBLE CORP. and SWEET CHICK LIFE, INC.

The basis of venue is
Defendants. plaintiffs place of business.

---------------------------------------------------------------------X
To the above named Defendants:

Y O U A R E H E R E B Y S U M M O N E D to answer the complaint

in this action and to serve a copy of your answer 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 in the complaint.

Dated: New York, New York

February 10, 2017
Yours, etc.

Charles S. Platkin
Attorney for Plaintiff
Office & P.O. Address
17 East 17th Street,
New York, New York 10003
(917) 804-3030

1 of 7
FILED: NEW YORK COUNTY CLERK 02/10/2017 05:01 PM INDEX NO. 650767/2017
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2017

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
------------------------------------------------------------------------------X
BENNY BLANCO, INC., Index No.:

Plaintiff, COMPLAINT

-against-

PEBBLE CORP. and SWEET CHICK LIFE, INC.

Defendant.
-----------------------------------------------------------------------------X

Plaintiff Benny Blanco, Inc. by his attorney Charles Platkin, as and for his

Complaint alleges, upon information and belief, as follows:

Nature of the Action

1. Plaintiff Benny Blanco, Inc. brings this action to recover monies for breach

of a contract for commissions for broker services in connection with lease of real estate

with defendant PEBBLE CORP. and SWEET CHICK LIFE, INC. Pursuant to a brokerage

arrangement dated July 14, 2016, plaintiff is due and owed a sales commission of no less

than $50,000.00 and it remains due and payable, for a commercial lease signed between

PEBBLE CORP/SWEET CHICK LIFE, INC. and YALDAYNU LLC C/O B REALTY

1991 Broadway, NYC 10023 for a restaurant at 339-343 Flatbush Avenue (aka 636

Carlton Street), Brooklyn, NY. Nonetheless, in violation of the parties Agreement,

defendant failed to pay plaintiff the amounts of commissions due and owing. Plaintiff now

seeks the amount of unpaid commissions based upon breach of contract, quantum meruit,
2

2 of 7
FILED: NEW YORK COUNTY CLERK 02/10/2017 05:01 PM INDEX NO. 650767/2017
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2017

and unjust enrichment.

Parties

2. Plaintiff Benny Blanco, Inc. (plaintiff) at all times hereinafter mentioned,

was and still is an corporation with its main office in New York, New York properly

licensed to provide commercial real estate brokerage services in the State of New York.

3. At all times hereinafter mentioned, defendants PEBBLE CORP.

(defendant) was and still is a New York based company existing under existing under and

by virtue of the laws of the State of New York and maintains its principal place of business

164 Bedford Ave, Brooklyn, New York, 11211 and SWEET CHICK LIFE, INC.

(defendant) was and still is a domestic company existing under and by virtue of the laws

of the State of New York and maintains its principal place of business at 199 Devoe Street

Brooklyn, New York, 11211 respectively.

Jurisdiction and Venue

4. Proper jurisdiction lies in this Court, pursuant to CPLR 302.

5. Pursuant to CPLR 503, proper venue lies in New York County, where the

causes of action herein arose and where the defendant is domiciled.

3 of 7
FILED: NEW YORK COUNTY CLERK 02/10/2017 05:01 PM INDEX NO. 650767/2017
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2017

Background Facts Common to All Causes of Action

6. On or about July 14, 2016, plaintiff and defendant entered into a certain

commercial brokerage arrangement (the Agreement).

7. The unpaid commissions due to plaintiff originating from the leasing of

339-343 Flatbush Avenue (aka 636 Carlton Street), Brooklyn, NY is the sum of no less

than $50,000, remains due and payable.

AS AND FOR A FIRST CAUSE OF ACTION

8. Plaintiff repeats and realleges each and every allegation contained in

paragraphs "1" through "7" as if set forth at length herein.

9. That during the term of the Agreement, plaintiff originated a lease

transaction pursuant to the terms of the Agreement.

10. That plaintiff has duly performed each and every obligation on his part to be

performed pursuant to the terms of the Agreement.

11. That defendants material breach of the Agreement has deprived plaintiff of

commissions due and owing for the leasing of 339-343 Flatbush Avenue (aka 636 Carlton

Street), Brooklyn, NY originated during the term of the Agreement.

4 of 7
FILED: NEW YORK COUNTY CLERK 02/10/2017 05:01 PM INDEX NO. 650767/2017
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2017

12. That as a result of defendants breach of the Agreement, defendant is

obligated for the sum of no less than $50,000 as payment for plaintiffs commissions in

connection with the lease of commercial space for defendant as contemplated by and

provided for in the Agreement.

13. That as a result of defendants breach and violation of the terms of the

Agreement, plaintiff has been damaged in the sum of no less than $50,0000 with applicable

interest, which is the amount justly due and owing to plaintiff from defendant.

AS AND FOR A SECOND CAUSE OF ACTION

14. Plaintiff repeats and realleges each and every allegation contained in

paragraphs "1" through "13" as if set forth at length herein.

15. That the sum of no less than $50,000 represents the reasonable price and fair

value for the services provided to defendant by plaintiff pursuant to the terms and conditions

of a commercially reasonable commission schedule.

16. That the services plaintiff provided to defendant were pursuant to and in

reliance and accord with the terms of the commercially reasonable brokerage arrangement.

17. That the plaintiffs services were of value and defendant has derived and or

will derive a benefit and profit from the services.

5 of 7
FILED: NEW YORK COUNTY CLERK 02/10/2017 05:01 PM INDEX NO. 650767/2017
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2017

18. That under the theory of quantum meruit, defendant is indebted to plaintiff in

the sum of $50,000, for the fair and reasonable value of the plaintiffs services had and

received and or remaining to be had and received by defendant, together with applicable

interest.

AS AND FOR A THIRD CAUSE OF ACTION

19. Plaintiff repeats and realleges each and every allegation contained in

paragraphs "1" through "18 as if set forth fully herein.

20. By reason of the value of the services performed by plaintiff and accepted

and received by defendant pursuant to the terms of the Agreement, defendant has been

unfairly and unjustly enriched at the expense of plaintiff in the sum of no less than $50,000,

together with applicable interest.

WHEREFORE, plaintiff respectfully demands judgment against defendant as follows:

(a) On the First Cause of Action in the amount of no less than $50,000, together

with applicable interest;

(b) On the Second Cause of Action in the amount of no less than $50,000,

together with applicable interest;

(c) On the Third Cause of Action in the amount of no less than $50,000 together

with applicable interest;

(d) Together with the costs and disbursements of this action;

(e) Together with the reasonable attorney's fees and expenses associated with
6

6 of 7
FILED: NEW YORK COUNTY CLERK 02/10/2017 05:01 PM INDEX NO. 650767/2017
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2017

this action; and

(f) Such further and different relief as may be deemed just by this Court.

Dated: New York, New York

February 10, 2017
Yours, etc.

Charles Platkin
Attorney for Plaintiff
17 East 17th Street, 4th Floor
New York, New York 10003
Tel: (917) 804-3030
Email: Charles@PlatkinLaw.com

7 of 7