I FILED: ~ NEW Sl~ ~~ YORK avkaah COUNTY IVV'VAIL 4 CLERK V~A'Ql 02/16/2018 VA VR RVa'V 12:51 V s ~ V t PM as 01/01'2018 SUPREME COURT : STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------- X -X RONALD P. DiMASI, ILONA DiMASI, and RAYMOND W. PARIS, Plaintiffs, Index No:. 155793/2017 VERIFIED COMPLAINT - against - MICHAEL McKUHAN, JENNIFER McKUHAN, ANTHONY BARRIOS, Defendants. _...----------------------------------------------- -XX Plaintiffs, RONALD P. DiMASI, ILONA DiMASI, AND RAYMOND W. PARIS, by and through their Attorneys, IANNUZZI and IANNUZZI, complaining of the Defendants, and each of them, jointly and severally, hereby allege, upon information and belief, at all the times mentioned hereafter, as follows: 1. Plaintiffs, and each of them, are, and were at the time of the events complained of herein, residents of the City and State of New York. 2. Defendants, and each of them, are, and were at the time of the events complained of herein, residents of the City and State of New York.
FILED: NEW YORK COUNTY CLERK 02/16/2018 12:51 PM a a~~a ~ si~ ~~ a 'Va'ab W'w 'IIIamt a 'V&%4%I V A VR R V A V V 4 ~ V 01/C2 2018 3. Defendants, and each ofthem, jointly and severally, on or about the 15* 15 day of May, 2015, executed and delivered to Plaintiffs a Pronússory Note in the following words and figures: "In return for a loan that we have received, we promise to pay ONE HUNDRED THOUSAND ($100,000.00) DOLLARS, "Principal" U.S. (this amount is called "Principal"), plus interest, to the order of the Lenders. The Lenders are RONALD DIMASI and ILONA DIMASI, residing at 34-09 Broadway, AstoriÅ, New York 11106, holding jointly Fifty (50%) Percent of the said loan, and RAYMOND W. PARIS, residing at 19 Lillian Lane, Plainview, New York 11803, lender of Fifty (50%) percent of the said loan". 4. The said loan the Loan referenced herein was borrowed to finance a project by Defendants in which they invested in a restaurant/delicatessen. 5. According to the terms of the Promissory Note, the said loan was to be guaranteed by AXA Equitable Life Insurance Company Retirement Cornerstone Contract 4 312 047499, which Retirement Account was transferred to Plaintiffs. 6. Subsequent to the distributionofthe loan proceeds, Defendants, without the knowledge or permission of Plaintiffs, invaded and depleting entirely the Retirement Account intended as collateral security for the loan. 7. In addition, in or about June 2017, Defendants sold the restaurant/delicatessen, all of its equipment, assets, and chattels.
FILED: s akaaot ~ NEW 41%0 ~ YORK 4 V4\sa COUNTY vvva% a a CLERK v~ato'v1 02/16/2018 V 4 V 4 Q V 4 V 12:51 V 4 I V PM NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/ 2'2018 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/16/2018 8 In accordance with the terms of the Promissory Note, Plaintiffs, upon ascertaining that Defendants depleted the guaranteed collateral in its entirety accelerated the due date of the said Loan on or about March 15, 2017. 9. The Promissory Note required Defendants to pay Plaintiffs Interest on a monthly basis at the rate of six (6%) percent per annum, at the rate of $500.00 per month. 10. No interest has been paid since June 2017 and continuing. 11. The said Promissory Note also provides for late charges at the rate oftwo (2%) percent of the overdue payments of principal and interest. 12. Plaintiffs are entitled to late charges for the outstanding interest payments from June 2017 to date, and continuing. 13. The said Note also entitles Plaintiffs to be paid for all of their costs and expenses in enforcing the Note, including reasonable attorneys' fees. 14. To date, the Attorneys' fees to enforce this Note is Eight Thousand Five Hundred ($8,500.00) dollars. WHEREFORE, Plaintiffs demand judgment against Defendants in the sum of One Hundred Thousand ($100,000.00) dollars, together with outstanding interest, to be determined at a trial of these issues, late fees, in an amount to be determined at the trial of these issues, costs and expenses of enforcing the said Note, including reasonable legal fees, together with such other and difterent relief as to this Court
FILED: NEW YORK %P % COUNTY ~MWa'% w w CLERK MASasga\0% 02/16/2018 w M WW W W A ldl 12:51 W 4 ~ w ~ PM ~ 01/02 2018 seems just and reasonable. Respectfully, IANNUZZI and IANNUZZI Attomeys for Plaintiffs 233 Broadway - Suite 2204 New York, N.Y. 10279 Tel. 212-227-9595 To: Craig Gardy, Esq. Attorney for Jennifer McKuhan and Michael McKuhan
FILED: ~ NEW O'IM 0~ YORK A W@%OI COUNTY %the V'a'\ a CLERK 02/16/2018 WW VAt WW && 12:51 w 0 ~ 'IP < PM &a 01/0;'2018 ATTORNEY VERIFICATION JOHN NICHOLAS IANNUZZI, J.D., an Attorney admitted to Practice Law before all the Courts of the State of New York, and elsewhere, Affirms and Says, under penalties of perjury that: 1. I am a partner at the Law Offices of Iannuzzi and Iannuzzi, Attorneys of Record for the Plaintiffs herein. 2. I have read the foregoing VERIFIED COMPLAINT and know the contents thereof; the same is true to deponent's own knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters deponent believes it to be true. 3. This Verification is made by deponent and not by Plaintiffs because Plaintiffs' attorney maintains his office in a county other than the county in which Plaintiff resides. 4. The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are a perusal of the file maintained by our office in connection with this lawsuit and a review of Plaintiffs' records. J )HN NICHOLAS ZZI, J.D. City of New York December 15, 2017
FILED: ~ NEW 41$F ~ YORK AVE's1 COUNTY vvvala a CLERK @~a'ss 02/16/2018 va vs sv o'v 12:51 v 4 ~ v ( PM s NYSCEF DOC. NO. 38 30 RECEIVED NYSCEF: 02/16/2018 01/OL 2018 SUPREME COURT : STATE OF NEW YORK COUNTY OF NEW YORK --------- ------------------------------- X RONALD P. DiMASI, ILONA DiMASI, and RAYMOND W. PARIS, Plaintiffs, Index No:. 155793/2017 - against - AFFIDAVIT OF SERVICE MICHAEL McKUHAN, JENNIFER McKUHAN, ANTHONY BARRIOS, Defendants....--.....-.------- X STATE OF NEW YORK ) COUNTY OF NEW YORK ) ) SS: I, SHAKIRA A. FANTAUZZI, being duly sworn, say: I am not a party to this action, am over 18 years of age, and reside at New York County, New York. On the 216 day of December, 2017, I served one copy of the within VERIFIED COMPLAINT and ATTORNEY VERIFICATION upon MICHAEL McKUHAN, by depositing a true copy thereof enclosed in a post-paid wrapper, in an official depository under the care and custody of the U.S. Postal Service New York State,addressedto each of the following person at the last know address: Craig I. Oardy, Esq. Attorneys for Defendants 212-45 26th Ave., Suite 7 Bayside, NY 11360 Swom to before me this SHAKIRA A. FANTAUZZI 21" day of December, 2017 \ TARY PUBLI JOHN NICHO IANNUZ2I Notary Public, S e of New York! Reg. No. 02 683120 1 Oualif ted in New orb Co t:nmrn~as<on Exoires 8-3l-
FILED: a aaaaeae ~ NEW a%ace% YORK a 'vaeae COUNTY wyatt 4 4 CLERK vl&aaaeab 02/16/2018 v 4 v e a v a v 12:51 'v a ~ v ~ PM a a NYSCEF DOC. NO. 38 31 RECEIVED NYSCEF: 02/16/2018 01/02 2018 SUPREME COURT : STATE OF NEW YORK COUNTY OF NEW YORK.--...--...----------------------------- X RONALD P. DiMASI, ILONA DiMASI, and RAYMOND W. PARIS, Plaintiffs, Index No:. 155793/2017 - against - AFFIDAVIT OF SERVICE MICHAEL McKUHAN, JENNIFER McKUHAN, ANTHONY BARRIOS, Defendants. _.._.--.--.-------------------------- ------------ X STATE OF NEW YORK ) COUNTY OF NEW YORK ) ) SS: I, SHAKIRA A. FANTAUZZI, being duly sworn, say: I am not a party to this action, am over 18 years of age, and reside at New York County, New York. 218' On the day of December, 2017, I served one copy of the within VERIFIED COMPLAINT and ATTORNEY VERIFICATION upon JENNIFER McKUHAN, by depositing a true copy thereof enclosed in a post-paid wrapper, in an official depository under the care and custody ofthe U.S. Postal Service New York State, addressed to each of the following person at the last know address: Craig I. Gardy, Esq. Attorneys for Defendants 26th Ave., Suite 7 Bayside, NY 11360 Sworn to before me this SHAKIRA A. FANTAU 21" day of December, 2017 7 a N TARY PUBL JOHN NlGHO S tannuzzt S te of New Yorfc ota~ Public, A4683120 Keg, hio. 0 New York Go Ouslif>ed in 8-31- ~«~inn Exoires