COMPLAINT March 01, 2016 (2024)

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INDEX NO. 800200/2016NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/01/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ene nee nn nennnnnnennnnnnennnnnenennneenee -X STERLING JEWELERS, INC. DBA JARED GALLERIA OF JEWELRY INDEX NUMBER 800200/2016e PLAINTIFF, S&S FILE NO. 71500981 1/7/16 -AGAINST- COMPLAINT JAMES R NIWINSKI DEFENDANT(S). a Plaintiff, by its attorneys, complaining of the defendant(s), respectfully alleges that: 1 Plaintiff is a foreign corporation licensed to transact business in New York. 2. Upon information and belief, the defendant(s) resides or has an office in the county in which this action is brought, or the defendant(s) transacted business within the county in which this action is brought, either in person or through an agent and the instant cause of action arose out of said transaction. 3 Based upon a reasonable inquiry, the Statute of Limitations for the cause of action asserted herein has not expired. AS AND FOR A FIRST CAUSE OF ACTION 4 Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs as if more fully set forth herein. 5 Plaintiff and Defendant entered into a written credit agreement (hereinafter the "contract"). 6. Plaintiff duly performed all conditions on its part pursuant to the Contract. 7. Defendant(s) failed to make payments as required by the Contract. The defendant’s last payment was received on May 12, 2012.— 8,___ The Plaintiff demanded payment from the Defendant, but_to date Defendant has failed __ and continues to fail to pay the balance due.9. Defendant(s) now owe a balance of $1,834.78, no part of which has been paid despitedue demand therefor. WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of $1,834.78together with costs and disbursem*nts. The undersigned attorney hereby certifies that, to the best of his/her knowledge,information, and belief, formed after an inquiry reasonable under the circ*mstances, thepresentation of the within complaint and the contentions therein are not frivolous as defined inpart 130-1.1(c) of the rules of the chief administrator.Dated: FEBRUARY 23, 2016 YOURS, ETC. Selip & Stylianou, LLP By: D. Cohen/M. Slamowit S. Attorneys for Plaintiff P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004 (516) 686-8991; (800) 293-6006 ext. 8991; Refer to S&S File No. 71500981

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