FILED: NEW YORK COUNTY CLERK 07/26/2016 03:03 PM INDEX NO. 653911/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LINEN DEPOT DIRECT, INC., -against- Plaintiff, Index No. Index No. Purchased: July, 2016 CHOXI.COM, INC., Defendant. SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to serve your answer to the Verified Complaint herein and serve a copy of your Answer upon plaintiff s counsel within twenty (20) days after your receipt of the 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 the event of your failure to appear or answer the within Verified Complaint, judgment will be taken against you by default for the relief demanded therein. The basis of Venue is defendant s office in New York County. Dated: White Plains, New York July 23, 2016 RELKIN LAW OFFICE Attorneys for Plaintiff Linen Depot Direct, Inc. By: David H. Relkin, Esq 15 Stewart Place 12D White Plains, New York 10603 (212) 244-8722 David@Relkinlaw.com 1 of 7
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LINEN DEPOT DIRECT, INC., -against- Plaintiff, Index No. VERIFIED COMPLAINT CHOXI.COM, INC., Defendant. Plaintiff, LINEN DEPOT DIRECT, INC. ( Linen Depot ), by its attorneys, the Relkin Law Office by David H. Relkin, as counsel, as and for its Verified Complaint herein, respectfully alleges: 1. This is an action to recover the reasonable value and agreed price of goods sold by Linen Depot and purchased by defendant CHOXI.COM, INC. ( Choxi ) for which goods Choxi failed to pay. PARTIES 2. Linen Depot is, and was at all times relevant herein, a Corporation organized under the laws of Canada, having an address at 820 38 th Avenue, Lachine, Quebec, H8T 2C3. 3. Linen Depot is a supplier of home products including bed linens, and kitchen and closet storage items. 4. Upon information and belief, Choxi is a Delaware corporation having an address at 381 Park Avenue South, New York, New York 10016. 5. Choxi purchased and accepted goods from Linen Depot, in the sum of $84,109.41, plus interest thereon, and has failed and refused to pay for such goods. -1-2 of 7
of action. 6. All allegations alleged in this complaint shall be deemed incorporated in each cause FIRST CAUSE OF ACTION 7. On or about and in between December 2015 and March 2016, Choxi purchased from Linen Depot, and Linen Depot sold and delivered to Choxi, at Choxi s specific request, goods in the nature of Textiles, kitchen items and other home products, having an agreed price and reasonable value of $84,109.41 (the Goods ). 8. Choxi received and accepted the Goods without exception. 9. Linen Depot invoiced the Goods it shipped to Choxi, as more fully set out in the schedule annexed hereto as Exhibit A pursuant to CPLR 3016(f). 10. No part of the agreed price and reasonable value of the Goods has been paid by Choxi to Linen Depot, with the exception of $21,316.38, despite due demand. 11. Accordingly, as provided for herein and in Exhibit A annexed hereto there is now due and owing from Choxi to Linen Depot the sum of $62,793.03, plus interest thereon from the due date of the invoices, no part of which has been paid (the Debt ), and Linen Depot is entitled to judgment thereon against Choxi. -2-3 of 7
SECOND CAUSE OF ACTION 12. Choxi repeatedly acknowledged the Debt to Linen Depot by written communications, including numerous emails. 13. At no time did Choxi dispute the Debt. 14. In addition to Choxi s correspondence acknowledging the Debt, Linen Depot in accordance with its standard custom and practice, sent monthly statements of account to Choxi showing the Debt owed to Linen Depot. 15. Choxi received and retained these statements without making any objection thereto, or to any item thereof. 16. Accordingly, an Account was Stated as between Linen Depot and Choxi, pursuant to which Choxi owes Linen Depot the sum of $62,793.03, plus interest thereon from the due date of the invoices. 17. By reason of the foregoing, Choxi is indebted to Linen Depot in the sum of $62,793.03, plus interest thereon from the due date of each invoice respectively and Linen Depot is entitled to judgment thereon. -3-4 of 7
WHEREFORE, plaintiff Linen Depot Direct, Inc., demands judgment against Choxi.com, Inc., as follows: On the first cause of action, in the sum of $62,793.03, plus interest thereon from the due date of each invoice respectively; and On the second cause of action, in the sum of $62,793.03, plus interest thereon from the due date of each invoice respectively; All together with the costs, expenses, and disbursements of this action, and such other, further and different relief as this Court may deem just and proper. Dated: New York, New York July 23, 2016 RELKIN LAW OFFICE Attorneys for Plaintiff Linen Depot Direct,.Inc. By: David H. Relkin, Esq 15 Stewart Place--Suite 12D White Plains, New York 10603 (212) 244-8722 David@Relkinlaw.com -4-5 of 7
VERIFICATION DAVID H. RELKIN, being duly admitted to the Courts of this State, affirms the following under the penalties of perjury: I am counsel to Linen Depot Direct, Inc., the plaintiff in the within action. I have read the foregoing pleadings and know the contents thereof; the same are true to best of my knowledge based upon the review and examination of the plaintiff s books and records and information supplied to me, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe them to be true. This verification is made by me pursuant to CPLR 3020 (d) since plaintiff does not maintain an office within this County. Dated: New York, New York July 23, 2016 DAVID H. RELKIN -5-6 of 7
EXHIBIT A ANNEXED TO THE WITHIN VERIFIED COMPLAINT PURSUANT TO CPLR 3016(F) Invoice Cost No. Invoice No. Invoice Date Due Date Goods Amount Total Due 1. CX-0001 12/03/2015 12/18/15 Linens, Shoe Racks $14,650.76 $14,650.76 2. CX-0002 12/14/2005 12/29/15 Linens, Shoe Racks $ 6,847.75 $21,497.75 3. CX-0003 12/23/2015 01/22/16 Linens, Shoe Racks, Cutlery $18,172.75 $39,670.50 4. CX-0004 01/04/2016 03/03/16 Shoe Racks Linens, Cutlery $8,640.34 $48,310.84 5. CX-0005 01/22/2016 2/21/16 Shoe Racks, Pillows Cutlery $4,674.15 $52,984.99 6. CX-0006 02/15/2016 3/16/16 Shoe Racks, Linens, Cutlery $6,321.79 $59,306.78 7. CX-0007 03/16/2016 04/15/16 Linens, Show Racks Cutlery $4,819.83 $64,126.61 8. CX-0008 05/09/2016 06/08/16 Show Racks Linens $20,001.69 $84,109.41 Total Payments: $14,486.13 $ 6,830.25 (21,316.38) Total Overdue and Payable: $62,793.03 Interest on Invoices @ 9.00% per annum 7 of 7