FILED: NEW YORK COUNTY CLERK 02/11/2016 11:59 AM INDEX NO. 650705/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X JULIA KRAUSE, Plaintiff, -against- CRAFT GUILD, INC., and STEVEN KAPLAN Index No.: Plaintiff designates New York County as the place of trial. The basis of venue designated: Plaintiff s Residence 16 West 16th Street, Apt. PHDS New York, NY, 10011 Defendants. ----------------------------------------------------------------------X To the above-named defendants: Craft Guild, Inc. 60 East 12 th Street New York, New York 10003 Steven Kaplan c/o Craft Guild, Inc. 60 East 12 th Street New York, New York 10003 SUMMONS WITH NOTICE You are hereby summoned to appear in this action by serving a notice of appearance on plaintiff s attorney within 20 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. This action sounds in breach of contract and unjust enrichment. On July 17, 2014, plaintiff entered into a written contract with defendant Craft Guild, Inc. (hereinafter Craft Guild ) to perform renovation work on plaintiff s residence located at 16 West 16 th Street, Apt. PHDS, New York, NY, 10011. Defendants represented to
plaintiff that the renovation work provided for in the contract would be completed within three months (by October 2014). Craft Guild has breached its contract with plaintiff because it has not completed the work that the contract required it to perform within a reasonable time, even though plaintiff has fully performed her payment obligation under the contract. The contract price to be paid by plaintiff was $40,000.00. At various intervals from July 17, 2014 through October 17, 2014, plaintiff made payments to defendants totaling $33,940.00. Despite making these payments, the work that Craft Guild is obligated to perform under its contract remains substantially incomplete. The following items remain outstanding: Renovations to plaintiff s kitchen, including, but not limited to, the ordering and installation of a glass bar counter top; Renovations to plaintiff s bathroom, including, but not limited to, installation of a laminate on the sliding bathroom closet door and the back of the bathroom entry door, installation of laminate material shelves in the vanity niche, installation of a bath tub glass panel and door, installation of bath accessories, completion of the medicine cabinet door and replacement of the toilet seat; Renovations to plaintiff s sleeping alcove, including, but not limited to, installation of two custom wood sliding doors, completion of installation of three sliding closet doors, including associated cutting and refinishing of the existing soffit, plaster surrounding the door tracks, bottom molding, as well as resolving bottom guide options and installation; 2
Renovations to the plaintiff s living room including, but not limited to, finishing of the concrete area surrounding the step to the balcony entrance, completion of modification of built-in cabinet doors, as well as painting, aligning and attaching handles to cabinet doors; Renovations to the entry area of plaintiff s apartment, including, but not limited to, providing measurements to the main door hardware supplier, sealing the main door and installing associated fixtures, as well as installing handles on the entrance area closet; Replacing handle on the mirror inside the bedroom closet; Painting plaintiff s apartment; Obtaining the architect s sign-off on the full apartment renovation; Replacement of a bathroom faucet handle and vacuum that was damaged by defendants while performing work under the parties contract in a substandard manner. Defendants, on many occasions, made promises and representations to plaintiff that the work required under the contract would be completed. These promises have not been honored and Craft Guild is in breach of its contract with plaintiff. As such, plaintiff is entitled to recover damages from defendants for breach of contract in an amount to be proven at trial. Defendant Steven Kaplan (hereinafter Kaplan ) is liable to plaintiff for unjust enrichment. At Kaplan s request, plaintiff paid $4,000.00 of the contract price to Kaplan personally. Plaintiff has not received the benefit of the renovation work that was supposed 3
to be performed in consideration of this payment. As such, Kaplan has been unjustly enriched in the amount of $4,000.00. The basis for venue designated is plaintiff s place of residence, 16 West 16th Street, Apt PHDS, New York, New York. Dated: New York, New York February 11, 2016 Attorneys for Plaintiff Steven Seltzer 11 Broadway, Suite 615 New York, New York 10004 T. 646-863-1909 F. 646-863-1877 4
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JULIA KRAUSE, Plaintiff, Index No.: - against- CRAFT GUILD, INC., AND STEVEN KAPLAN Defendants. NOTICE OF APPEARANCE Attorneys for Plaintiff 11 Broadway, Suite 615 New York, NY 10004 (646) 863-1909 To: Service of a copy of the within is hereby admitted. Signature (Rule 130-1.1-a) Dated:, Steven Seltzer, Esq. PLEASE TAKE NOTICE: ( ) NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on 20 ( ) NOTICE OF SETTLEMENT that an order will be presented for settlement to within named Court, at on 20 at AM. of which the within is a true copy one of the judges of the Dated: Yours, etc. 5