FILED: NEW YORK COUNTY CLERK 06/05/2015 05:59 PM INDEX NO. 651993/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/05/2015 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY YYSB TRUST against Plaintiff, SUMMONS Index No: ASSIGNED JUSTICE: VARTEL NY CONSTRUCTION CORP., EMANUEL KANARIS, PANAYIOTA KANARIS, CONSTANTINO ANTONOPOULOS a/k/a KONSTANTINO ANTONOPOULOS AND DIONYSSIOS MAROULIS Defendants. To the Defendants named above: PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the Complaint of the Plaintiff herein and to serve a copy of your answer on the Plaintiff at the address indicated below within 20 days after the service of this Summons (not counting the day of service itself), or within 30 days after service is complete if the Summons is not delivered personally to you within the State of New York. YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered against you for the relief demanded in the Complaint. Dated: New York, New York June 5, 2015 /s/avinoam Y. Rosenfeld Avinoam Y. Rosenfeld Attorney for Plaintiff 1430 Broadway, Suite 1509 New York, New York 10018 Tel: 212-681-7970 Fax: 646-473-0306 Email: aviyrosenfeld@aol.com
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY YYSB TRUST Plaintiff, COMPLAINT Index No: ASSIGNED JUSTICE: against VARTEL NY CONSTRUCTION CORP., EMANUEL KANARIS, PANAYIOTA KANARIS, CONSTANTINO ANTONOPOULOS a/k/a KONSTANTINO ANTONOPOULOS AND DIONYSSIOS MAROULIS Defendants. Plaintiff, YYSB Trust, by its attorney Avinoam Rosenfeld, as and for its Complaint against the Defendants alleges as follows: 1. Plaintiff is a trust formed under the laws of the State of New York with its principal offices located in the City of New York, County of New York, State of New York. 2. Upon information and belief the defendant Vartel NY Construction Corp., is a domestic corporation with offices located in the County of Kings, State of New York. 3. Upon information and belief defendant Emanuel Kanaris (hereinafter E. Kanaris ) is an individual with an actual place of business located in the County of Kings, State of New York. 4. Upon information and belief defendant Panayiota Kanaris is an individual and resides in the County of Bergen, State of New Jersey.
5. Upon information and belief defendant Constantino Antonpoulos a/k/a Konstantino Antonopoulos (hereinafter Antonopoulos ) is an individual with an actual place of business located in the County of Kings, State of New York. 6. Upon information and belief defendant Dionyssios Maroulis (hereinafter Maroulis ) is an individual with an actual place of business located in the County of Kings, State of New York. 7. This is an action to recover from the defendants money loaned to them by the plaintiff. 8. Upon information and belief, at all times hereinafter mentioned, defendants E. Kanaris, Antonopoulos and Maroulis were and still are officers and or directors and or agents and or representatives and or employees of defendant Vartel NY Construction Corp., with express and or implied authority to enter into contracts and agreements by and on behalf of Vartel Construction Corp. 9. Upon information and belief, defendant Vartel NY Construction Corp. entered into a construction agreement with Public Storage signed by E. Kanaris to provide construction services under Public Storage job #NY 12093 located at 31-28 Northern Blvd., Queens, New York. The contract sum to be paid by Public Storage was $13,899,563.97. A copy of the construction agreement contract summary is annexed hereto and made a part hereof as Exhibit A. Pursuant to the construction agreement, defendant Vartel NY Construction Corp. was to submit monthly applications for payment to Public Storage that was to be paid within 30 days of approval (Exhibit A).
10. Upon information and belief, defendant Vartel NY Construction Corp., did not have sufficient funds to pay its subcontractors and suppliers and therefore was unable to perform its obligations under the contract with Public Storage. As a result, defendants E. Kanaris, Antonopoulos and Maroulis requested that plaintiff loan money to defendant Vartel NY Construction Corp. so that the above mentioned subcontractors and suppliers could be paid and the contract with Public Storage completed. The terms of the loan agreed upon by the parties was that money borrowed from plaintiff would be paid back from the proceeds of the next approved application of payment. Interest was to be paid at the rate of 2% per month. The loan was effectuated with proceeds being paid by plaintiff in its New York office to persons and entities specified by defendants E. Kanaris, Antonopoulos and Maroulis. 11. On or about June 23, 2014, defendants E. Kanaris and Panayiota Kanaris executed and gave to plaintiff a mortgage against real property located at 70 Franklin Street, Haworth, New Jersey. Contained within the mortgage was mortgage note whereby defendants E. Kanaris and Panayiota Kanaris promised to pay plaintiff the sum of $150,000 with 16% interest in monthly installments of $3,000 each. 12. Said mortgage with mortgage note was to guarantee repayment of the above mentioned loan from plaintiff regarding defendant Vartel NY Construction Corp. and to induce plaintiff into making such loan. FOR A FIRST CAUSE OF ACTION 13. Plaintiff repeats each and every allegation set forth above.
14. At the request and insistence of defendants E. Kanaris, Antonopoulos, and Maroulis, between June, 2014 and July, 2014, plaintiff loaned to defendant Vartel NY Construction Corp., the sum of $150,000. Defendant Vartel NY Construction Corp. s obligation with respect to the loan was memorialized by letter dated July 6, 2014 signed by defendant E. Kanaris. A copy of the letter is annexed hereto and made a part hereof as Exhibit B. 15. Interest on the loan was at the rate of 2% simple interest per month with interest only payments to be received by plaintiff on the first day month. 16. In the event any monthly interest only payment was not received within 5 business days when due, plaintiff by written notice to defendant Vartel NY Construction Corp., could declare all unpaid principal amounts, unpaid interest and any other amounts due and payable immediately. 17. Only one monthly interest only payment was received by plaintiff. As a result, by letter dated October 1, 2014, plaintiff gave written notice to defendant Vartel NY Construction Corp. that it was declaring the loan immediately due and payable. A copy of the letter is attached hereto and made part hereof as Exhibit C. 18. By reason of the foregoing there is due to the plaintiff from the defendant Vartel NY Construction Corp. on the First Cause of Action the sum of $190,236 with interest thereon at the rate of 2 % per month. WHEREFORE, plaintiff demands judgment on the First cause of action against defendant Vartel NY Construction Corp. in the amount of $190,235 plus interest at the rate of 2% per month. FOR A SECOND CAUSE OF ACTION
19. Plaintiff repeats each and every allegation set forth above. 20. Prior to agreeing to making the above described loan, defendants E. Kanaris, Antonopoulos and Maroulis, expressly represented in conversations with plaintiff that they would take any and all steps necessary to effectuate the assignment of payments due defendant Vartel NY Construction Corp. from Public Storage under the terms of the above mentioned construction contract. Prior to disbursing the loan proceeds, plaintiff contacted Public Storage and confirmed that they had been advised of the assignment of payments and that all payments owed by Public Storage to defendant Vartel NY Construction Corp. under the above stated construction contract, be paid to Plaintiffs until such payments equal the amount plaintiff is due to be paid back under the terms of the loan. 21. Defendants E. Kanaris, Antonopoulos and Maroulis, made the representations to plaintiff regarding the assignment for the purpose of inducing plaintiff to make the loan to defendant Vartel NY Construction Corp.. Plaintiff relied upon such representations in agreeing to make the loan. Without such representations, plaintiff would not have made the loan. In justifiable reliance upon such false and untrue representations, plaintiff did make the above stated loans to its detriment. 22. Such representations regarding the assignment made by defendants E. Kanaris, Antonopoulos and Maroulis, were false and untrue and were made with the purpose of inducing plaintiff to make the above stated loan. Despite making such representations to plaintiff, subsequent to plaintiff contacting Public Storage as stated above, defendants E. Kanaris, Antonopoulos and Maroulis instructed Public Storage not to make any payments to plaintiff to make all payments owed under the
construction contract to defendant Vartel NY Construction Corp. The rescission of the agreement was made without the knowledge and consent of plaintiff. 23. By reason of the foregoing conduct of defendants E. Kanaris, Antonopoulos and Maroulis, plaintiff incurred damages and therefore is entitled to damages in the amount of $190,236. 24. WHEREFORE, plaintiff demands judgment on the Second cause of action against defendants E. Kanaris, Antonopoulos and Maroulis, in the amount of $190,235 plus interest at the rate of 2% per month. FOR A THIRD CAUSE OF ACTION 25. Plaintiff repeats each and every allegation set forth above. 26. On or about June 23, 2014, defendants E. Kanaris and Panayiota Kanaris executed and gave to plaintiff a mortgage against real property located at 70 Franklin Street, Haworth, New Jersey. Contained within the mortgage was mortgage note whereby defendants E. Kanaris and Panayiota Kanaris promised to pay plaintiff the sum of $150,000 with 16% interest in monthly installments of $3,000 each. In addition, they promised to pay reasonable attorney s fees in the event of default. A copy of the mortgage with note contained therein is annexed hereto and made a part hereof as Exhibit D. 27. Defendants E. Kanaris and Panayiota Kanaris thereafter defaulted in the payment of installments due. 28. In accordance with the terms of the mortgage, plaintiff has elected to and hereby does demand due the total unpaid principal in the amount of $150,000, together with
interest at the yearly rate of 16% thereon from the 23 rd day of June, 2014, and reasonable attorney s fees. 29. By reason of the foregoing there is due to the plaintiff from the defendants E. Kanaris and Panayiota Kanaris on the Third Cause of Action the sum of $150,000 with interest thereon at the annual rate of 16% from the 23 rd day June, 2014, and reasonable attorney s fees. WHEREFORE, plaintiff demands judgment on the Third cause of action against E. Kanaris and Panayiota Kanaris in the amount of $150,000 plus interest at the annual rate of 16% and reasonable attorney s fees. Dated: New York, New York June 5, 2015 Yours, etc. /s/avinoam Y. Rosenfeld Avinoam Y. Rosenfeld Attorney for Plaintiff 1430 Broadway, Suite 1509 New York, New York 10018 Tel: 212-681-7970 Fax: 646-473-0306 Email: aviyrosenfeld@aol.com