Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 1 of 18 PageID #: 11
`
`Exhibit 1
`
`

`

`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 2 of 18 PageID #: 12
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 03/25/2021
`
`OF THE STATE
`
`OF NEW YORK
`
`SUPREMECOURT
`COUNTY
`OF KINGS
`
`WYNNMED
`
`INC.,
`
`-against-
`
`Plaintiff,
`
`DRE HEALTH
`
`CORPORATION,
`
`Index
`
`No.
`
`Date Purchased:
`
`Defendant.
`
`SUMMONS
`
`TO:
`
`CORPORATION
`DRE HEALTH
`210
`1301 Oak Street,
`Suite
`City, Missouri
`64106
`Kansas
`
`Registered
`117 South
`
`Harrisonville,
`
`Inc.
`
`Agents
`Lexington
`Street
`MO 64701
`
`Suite
`
`100
`
`Inc.
`Agents
`Registered
`911 Washington
`Avenue
`St. Louis, MO 63101-1272
`
`Suite
`
`501
`
`YOU ARE HEREBY
`for Plaintiff
`attomeys
`WynnMed,
`after
`of
`this
`the service
`days
`(20)
`is complete
`if
`after
`service
`days
`of New York.
`
`summoñs,
`this
`summons
`
`SUMMONED
`the undersigned
`upon
`to serve
`and required
`action
`within
`in this
`to the comcplaiñt
`an answer
`Inc.
`or within
`of
`of service,
`exclusive
`the day
`to you within
`is not
`delivered
`personally
`
`twenty
`(30)
`thirty
`the State
`
`YOU ARE HEREBY
`against
`by default
`you
`
`entered
`
`NOTIFIED
`the relief
`for
`
`THAT
`demanded
`
`fail
`to answer,
`you
`should
`in the complaint.
`
`a judgment
`
`will
`
`be
`
`proper
`part
`
`of
`
`Dated:
`
`Plaintiff
`pursuant
`the events
`
`designates
`because
`
`giving
`
`of
`trial.
`as the place
`Kings
`County
`is located
`Plaintiff's
`principal
`office
`rise to the claim occurred
`in Kings
`
`Pursuant
`in King's
`County.
`
`to CPLR § 503,
`venue
`and a substantial
`County
`
`is
`
`New York, New York
`March
`25, 2021
`
`VENABLE
`
`LLP
`
`By:
`
`efeller Center
`Roc
`of
`the Americas,
`1270 Avenue
`New York, New York
`10104
`307-5500
`Tel:
`(212)
`307-5598
`Fax:
`(212)
`for P laint yf WynnMed
`Attorneys
`
`24th Floor
`
`Inc.
`
`1 of 1
`
`

`

`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 3 of 18 PageID #: 13
`NYSCEF DOC. NO. 2
`RECEIVED NYSCEF: 03/25/2021
`
`SUPREME COURT OF THE STATE OF NEW YORK
`KINGS COUNTY
`
`WYNNMED INC.,
`
`Plaintiff,
`
` Index No.:
`
`-against-
`
`DRE HEALTH CORPORATION,
`
`COMPLAINT
`
`Defendant.
`
`Plaintiff WynnMed Inc. (“WynnMed,” or “Plaintiff”), by and through its undersigned
`
`counsel, Venable LLP, as and for its complaint against defendant DRE Health Corporation
`
`(“DRE,” or “Defendant”), alleges as follows:
`
`1.
`
`This is an action for conversion, breach of contract and unjust enrichment. DRE
`
`is holding on to nearly $6 million that WynnMed paid in advance for a delivery of personal
`
`protective equipment (“PPE”). DRE refuses to return that money, or in the alternative to provide
`
`WynnMed with the PPE it purchased and reimbursement for the monetary damages WynnMed
`
`has suffered. DRE has no justification for retaining WynnMed’s money, and has left WynnMed
`
`with no choice but to file this lawsuit.
`
`THE PARTIES
`
`2.
`
`Plaintiff WynnMed is a corporation organized and existing under the laws of the
`
`State of New York with its principal place of business at 240 52nd Street, Brooklyn, New York
`
`11220.
`
`3.
`
`Upon information and belief, defendant DRE is a corporation organized and
`
`existing under the laws of the State of Missouri, with its principal place of business at 1301 Oak
`
`Street, Suite 210, Kansas City, Missouri 64106.
`
`1
`
`1 of 8
`
`

`

`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 4 of 18 PageID #: 14
`NYSCEF DOC. NO. 2
`RECEIVED NYSCEF: 03/25/2021
`
`JURISDICTION AND VENUE
`
`4.
`
`This Court has subject matter jurisdiction over this action pursuant to Section 301
`
`of the New York Civil Practice Law and Rules (“CPLR”).
`
`5.
`
`This Court has personal jurisdiction over defendant DRE because, among other
`
`things: (a) DRE transacted business within the State of New York with WynnMed, a New York
`
`corporation, to sell goods to WynnMed; and (b) DRE committed tortious acts causing injury to
`
`WynnMed within the State of New York, and upon information and belief, DRE does and
`
`solicits business, engages in other persistent courses of conduct, and derives substantial revenue
`
`from goods and services provided in the State of New York, and WynnMed’s causes of action
`
`alleged in this Complaint arose from these acts.
`
`6.
`
`Venue is proper in this County pursuant to CPLR 503(a) in that WynnMed’s
`
`principal office is located in Kings County, and a substantial part of the events giving rise to the
`
`claim occurred in Kings County.
`
`FACTS
`
`7.
`
`WynnMed is a medical supply company. Among other things, WynnMed
`
`purchases PPE, such as face masks and vinyl gloves, in mass quantities from third party
`
`wholesalers, and then resells the PPE to hospitals, clinics and other customers. PPE is a crucial
`
`element of the fight against the spread of COVID-19 in the United States and around the world,
`
`and time is of the essence in supplying it.
`
`8.
`
`On or about January 21, 2021, WynnMed entered into an agreement with DRE for
`
`the purchase of over 200 million vinyl gloves for immediate delivery by sea to WynnMed at the
`
`Ports of Los Angeles and Long Beach, California (the “Agreement”). A true and correct copy of
`
`the Agreement is attached hereto as Exhibit A. A true and correct copy of the purchase order
`
`2
`
`2 of 8
`
`

`

`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 5 of 18 PageID #: 15
`NYSCEF DOC. NO. 2
`RECEIVED NYSCEF: 03/25/2021
`
`issued by WynnMed is attached hereto as Exhibit B.
`
`9.
`
`The terms of the Agreement were that WynnMed would purchase 60 shipping
`
`containers of vinyl gloves from DRE. Each shipping container would contain 3,600 cases of
`
`vinyl gloves, and each case would contain 1,000 gloves. WynnMed agreed to buy, and DRE
`
`agreed to sell, the 60 shipping containers of vinyl gloves at a price of $56.77 per case, for a total
`
`contract value of $12,262,320.00. The payment terms were that WynnMed would immediately
`
`pay a 30% deposit for all 60 containers ($3,678,696.00), another 60% of the purchase price when
`
`DRE provided WynnMed with the container number of a container, and the remaining 10% on
`
`delivery of the product to WynnMed at its warehouse. Time being of the essence, in the
`
`Agreement DRE provided a delivery schedule (as shown below) whereby DRE “CONFIRMED”
`
`that all of the containers would arrive in the United States by February 28, 2021.
`
`10.
`
`At that time (January of 2021) $56.77 per case was the approximate wholesale
`
`3
`
`3 of 8
`
`

`

`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 6 of 18 PageID #: 16
`NYSCEF DOC. NO. 2
`RECEIVED NYSCEF: 03/25/2021
`
`market value of vinyl gloves for immediate delivery to the United States.
`
`11.
`
`At first, DRE performed under the Agreement. Between on or about January 31,
`
`2021, and on or about February 23, 2021, the first 21 of the 60 containers arrived in the Ports of
`
`Los Angeles and Long Beach, California. For these 21 containers, shortly after each container’s
`
`arrival, DRE coordinated a telex notice to All-Ways, Inc. (“All-Ways”), the logistics company
`
`arranging the transportation of the containers, informing All-Ways that the containers could be
`
`released to WynnMed, and All-Ways promptly did so.
`
`12.
`
`On or about February 16, 2021, All-Ways informed WynnMed that several of the
`
`container shipments were delayed. The next eight containers arrived at the Ports of Los Angeles
`
`and Long Beach, California from on or about February 28, 2021, to on or about March 8, 2021.
`
`As with the first 21 containers, shortly after each container’s arrival, DRE coordinated telex
`
`notice to All-Ways that the containers could be released to WynnMed, and All-Ways promptly
`
`did so.
`
`13.
`
`By on or about February 22, 2021, DRE had provided WynnMed with the
`
`container numbers of all 60 containers.
`
`14.
`
`By on or about March 1, 2021, WynnMed had made payment to DRE of
`
`$11,465.269.00, representing a 30% deposit, and a 60% partial payment (due when the container
`
`number was provided) for all 60 containers of vinyl gloves WynnMed agreed to buy (as well as
`
`the 10% due on delivery for some of the containers), even though as of March 1, 2021,
`
`WynnMed had only received 21 containers.
`
`15.
`
`Inexplicably, and although WynnMed completely held up its end of the
`
`Agreement and made full payment of all amounts currently due, WynnMed has never received
`
`the remaining 31 of the 60 containers it bought.
`
`4
`
`4 of 8
`
`

`

`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 7 of 18 PageID #: 17
`NYSCEF DOC. NO. 2
`RECEIVED NYSCEF: 03/25/2021
`
`16.
`
`Upon information and belief, the missing 31 containers arrived at the Ports of Los
`
`Angeles and Long Beach, California between on or about March 10, 2021, and on or about
`
`March 15, 2021. Upon information and belief, All-Ways has not released those 31 containers to
`
`WynnMed because DRE has not provided All-Ways with telex notice that the containers may be
`
`released.
`
`17.
`
`Upon information and belief, DRE cannot provide All-Ways with telex notice that
`
`those 31 containers can be released to WynnMed, because DRE no longer has the
`
`$11,608,329.40 WynnMed paid to DRE, and does not have sufficient funds to pay the
`
`manufacturers, in whole or in part, for the vinyl gloves WynnMed purchased from DRE.
`
`18.
`
`DRE has no justification for refusing to have the 31 containers released to
`
`WynnMed. Despite due demand from WynnMed, DRE has refused to refund WynnMed the
`
`amounts WynnMed paid for these 31 containers ($5,681,541.40), or to have the containers
`
`released to WynnMed and compensate WynnMed for the damages DRE has caused.
`
`19. WynnMed has suffered significant damages as a result of DRE’s refusal to have
`
`the 31 containers of vinyl gloves released to WynnMed in a timely manner. In the first place,
`
`WynnMed has paid DRE $5,681,541.40 for 31 containers of vinyl gloves that it has never
`
`received. Moreover, since the time that WynnMed should have received those 31 containers,
`
`and the date of the filing of this Complaint, the wholesale market value of vinyl gloves for
`
`immediate delivery to the United States has fallen dramatically. As a result, even if those 31
`
`containers of vinyl gloves are immediately released to WynnMed, WynnMed will have lost over
`
`$1,000,000 that it will be unable to recoup from the wholesale market due to this price decrease.
`
`FIRST CAUSE OF ACTION
`(Conversion)
`
`20.
`
`Plaintiff repeats and realleges each and every previous allegation as though fully
`
`5
`
`5 of 8
`
`

`

`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 8 of 18 PageID #: 18
`NYSCEF DOC. NO. 2
`RECEIVED NYSCEF: 03/25/2021
`
`set forth herein.
`
`21.
`
`Plaintiff owns and has the right to possess certain specific and identifiable
`
`personal property, that, upon information and belief, is currently in Defendant’s possession,
`
`including but not limited to monies in the amount of $5,681,541.40.
`
`22.
`
` Defendant is intentionally interfering and exerting dominion and control over
`
`Plaintiff’s personal property.
`
`23.
`
`Defendant has no justification for retaining Plaintiff’s personal property.
`
`24.
`
`Defendant’s interference has deprived Plaintiff of possession and/or use of its
`
`personal property.
`
`25.
`
`Defendant’s interference has caused damage to Plaintiff.
`
`26.
`
`Plaintiff has been damaged in an amount to be proven at trial, but not less than
`
`$5,681,541.40 plus interest.
`
`SECOND CAUSE OF ACTION
`(Breach of Contract Seeking Rescission
`and Monetary Damages in the Alternative)
`
`27.
`
`Plaintiff repeats and realleges each and every previous allegation as though fully
`
`set forth herein.
`
`28.
`
`To the extent that the Agreement is an enforceable contract, Plaintiff has
`
`complied with and fulfilled all of its obligations under the Agreement.
`
`29.
`
`Defendant has materially breached the Agreement by, among other things,
`
`refusing to deliver 31 containers of vinyl gloves to Plaintiff, despite payment by Plaintiff in the
`
`amount of $5,681,541.40 for those 31 containers.
`
`30.
`
`Defendant’s breaches substantially defeat the purpose of the Agreement and the
`
`object that the parties intended.
`
`6
`
`6 of 8
`
`

`

`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 9 of 18 PageID #: 19
`NYSCEF DOC. NO. 2
`RECEIVED NYSCEF: 03/25/2021
`
`31.
`
`Plaintiff lacks an adequate remedy at law and the status quo may be substantially
`
`restored by rescinding the Agreement.
`
`32.
`
`Plaintiff is entitled to rescission of the Agreement as a result of Defendant’s
`
`material breach, and the return of $5,681,541.40 Plaintiff paid to Defendant pursuant to the
`
`Agreement.
`
`33.
`
`In the alternative, Defendant’s breaches have caused Plaintiff monetary damages,
`
`including the $5,681,541.40 Plaintiff paid to Defendant in addition to the losses caused by the
`
`change in market value of the vinyl gloves Defendant failed to deliver, in an amount to be proven
`
`at trial, but not less than $1,000,000.
`
`THIRD CAUSE OF ACTION
`(Unjust Enrichment)
`
`34.
`
`Plaintiff repeats and realleges each and every previous allegation as though fully
`
`set forth herein.
`
`35.
`
`Defendant has retained monies in the amount of $5,681,541.40 Plaintiff paid to
`
`Defendant, and has also failed to cause 31 containers of vinyl gloves to be delivered to Plaintiff.
`
`36.
`
`As a result, Defendant has been enriched, at Plaintiff’s expense, and it is against
`
`equity and good conscience to permit Defendant to retain that enrichment.
`
`37.
`
`Plaintiff has been damaged in an amount to be proven at trial, but not less than
`
`$5,681,541.40 plus interest.
`
`DEMAND FOR RELIEF
`
`WHEREFORE, Plaintiff demands judgment against Defendant as follows (in the alternative):
`
`a.
`
`b.
`
`for return of Plaintiff’s personal property, including $5,681,541.40 converted by
`Defendant;
`
`for rescission of the agreement between the parties and return to Plaintiff of the
`amount of $5,681,541.40 paid to Defendant, plus interest;
`
`7
`
`7 of 8
`
`

`

`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 10 of 18 PageID #: 20
`NYSCEF DOC. NO. 2
`RECEIVED NYSCEF: 03/25/2021
`
`for all monetary
`agreement;
`
`damages
`
`caused
`
`by Defendant's
`
`breach
`
`of
`
`the
`
`parties'
`
`under UCC § 2-718
`restitution
`for
`by which
`in the amount
`to which
`exceeded
`the amount
`Defendant
`is entitled;
`
`Plaintiff's
`
`payment
`
`under UCC § 2-217
`an order
`for
`from Defendant's
`breach
`damages
`parties'
`still
`due under
`amounts
`
`the
`
`that Plaintiff
`may
`parties'
`of
`the
`
`deduct
`agreement
`
`of
`all or any part
`part
`from any
`
`its
`of
`
`the
`
`agreement;
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`for
`
`damages
`
`under UCC § 2-713,
`repudiation
`or
`between
`price
`pursuant
`the contract
`of
`when
`value
`the goods
`at
`the time
`together
`with
`incidental
`and
`
`any
`
`to
`
`breach,
`
`for Defedant's
`non-delivery
`the difference
`of
`in the ament
`including
`parties'
`and the market
`agreerseñt
`the
`of Defendant's
`learned
`Plaintiff
`consequential
`
`damages;
`
`for
`
`interest,
`
`costs
`
`and
`
`attorneys'
`
`fees;
`
`and
`
`for
`
`such
`
`other
`
`and further
`
`relief
`
`as the Court
`
`deems
`
`just
`
`and proper.
`
`New York
`Dated: New York,
`March
`25, 2021
`
`VENABLE
`
`LLP
`
`.
`
`By:
`
`F. Beeber
`Jessie
`J. Boyle
`Patrick
`jbeeber@venable.com
`pboyle@venable.com
`of
`1270 Avenue
`the Americas,
`New York,
`New York
`10104
`Tel:
`307-5500
`(212)
`
`24th
`
`Floor
`
`Attorneys
`
`for Plaintiff
`
`WynnMed
`
`Inc.
`
`8
`
`8 of 8
`
`

`

`
`
`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`FILED. KINGs_ COUNTY LERK 03_mm INDEX NO- 507140/2021
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 11 of 18 PageID #: 21
`NYSCEF DOC.
`.
`' ' '
`" '
`" " '
`-ge 11 OchEWERIgngF: 03/25/2021
`NYSCEF DOC. NO. 3
`RECEIVED NYSCEF: 03/25/2021
`
`EXHIBIT A
`EXHIBIT A
`
`

`

`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 12 of 18 PageID #: 22
`NYSCEF DOC. NO. 3
`RECEIVED NYSCEF: 03/25/2021
`
`Beeber, Jessie F.
`
`From:
`Sent:
`To:
`Subject:
`
`Hi Aron,
`
`Isaac Bawany <info@drehealth.com>
`Thursday, January 21, 2021 2:36 PM
`Aron Appeldorfer
`Re: Vinyl Smaller Offer Jan/Feb21
`
`As per our conversation with Avi, please see attached below updated schedule with 6 additional container numbers
`added.
`
`The new agreed terms are a unit cost of $56.77/cs/1,000 with an upfront 30% deposit, 60% balance paid upon receipt of
`container #, and 10% balance to be paid immediately upon delivery of the product to your warehouse. In this case, we
`would like to use our own drayage teams and pre-book all of the P/U and delivery appointments to avoid any delays
`whatsoever, since each day we carry the balance is a significant load on our cashflow during this insanely high market
`where our goal is purchasing large volumes of inventory for high cost resale. I assume you would want the same for
`deliveries as fast as possible and better drayage rates.
`
`The total balance due today will be as follows:
`30% deposit in full for 60*FCL @ $56.77/cs*3600 = $3,678,696.00 +
`60% balance in full for the 15 container numbers you already have @ $56.77/cs*3600 = $1,839,348.00
`
`For a total balance due today in the amount of $5,518,044.00. Please have Peter send a wire at the bank before 3:55 EST
`if possible, it is extremely critical that we receive these total funds today for our cash-flow which is why I dropped your
`costs and gave you more containers now and also since we have been discussing this for several weeks; I really hope you
`can complete this today? The bank account will be Chase.
`
`By Monday I will be sending you AT LEAST 5 more container numbers, I will try to see if it is possible to push more out
`earlier for you, so the below schedule, God willing, is the worst case scenario. On Monday the 60% balance will be due
`upon receipt of those numbers. The 10% balance on everything will be due upon delivery, so after we receive your wire
`my team will immediately get to work to schedule these delivery appointments. Is everything going to TM/SFS?
`
`Are you comfortable with all of these going to LA? If we add 6-7 additional days to the transit time it will save you a ton
`on freight shipping from Qingdao to LA directly on a standard vessel. I can give you options if you are interested. I can
`also give you options for other PODs if you would like.
`
`Thank you very much and I am glad we worked out a deal, you and Avi really negotiated tough and we both know the
`market now for our end buyers is from $74.99 – $79.99, I can show you many containers we have sold in this price
`range, even wholesale for 39 containers we were offered $65.00/cs from a hospital group. And the payment schedule is
`crazy too, but I want to build a relationship with you and Avi and prove we can deliver good quality product very fast and
`at great pricing, and I really want to lock down more business with you for February, March, and onwards. From May
`onwards we can offer pricing in Mid-$40s. I might be able to do the same for April? $47.99/cs/1,000 in April is good for
`you? 40-80 containers? Let's keep in touch!
`
`Thank you again, please see the below schedule and as always it is a pleasure to do business with you :)
`
`1
`
`

`

`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 13 of 18 PageID #: 23
`NYSCEF DOC. NO. 3
`RECEIVED NYSCEF: 03/25/2021
`
`"gSet. plN
`
`Status
`
`ETA
`
`POD
`
`Com=!ner
`
`ft
`
`FCLQTY
`
`ARRIVING
`
`1/24
`
`LA
`
`(
`
`CMAU5118074
`
`1.00
`
`MATU2690127
`FClU8871940
`MATU2698832
`TRHU5280222
`MATU2266124
`MATU2334701
`BMOU6451718
`APHU6623494
`---- NEW ----
`FCLU9403444
`TCLU8010739
`TRHU5285543
`TCNU3106413
`FClU9009122
`MATU2619638
`
`TBD
`
`TBD
`
`TBD
`
`TBD
`
`TOTAL
`
`Sailed
`
`1/31
`
`LA
`
`2/7
`
`2/14
`
`2/21
`
`2/28
`
`LA
`
`LA
`
`LA
`
`LA
`
`CON FIRMED
`
`CONFIRMED
`
`CONFIRMED
`
`CONFIRMED
`
`DRE + WM/TM
`TRUST.
`
`Thank
`
`you
`
`for
`
`choosing
`
`DRE!
`
`Kind
`regards,
`A.
`Isaac Bawany,
`
`the DRE Health
`
`Corporation
`
`A.
`Isaac Bawany
`Kansas City Office
`
`I Chief Executive
`
`--
`
`E isaac@drehealth.com
`O: +l(833) DRE-HEAL
`281-5501
`M: +l(781)
`
`Ext. 700
`
`14.00
`
`5.00
`
`7.00
`
`16.00
`
`17.00
`
`60.00
`
`2
`
`

`

`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 14 of 18 PageID #: 24
`NYSCEF DOC. NO. 3
`RECEIVED NYSCEF: 03/25/2021
`
`CONTENTS
`
`OF EMAIL
`
`ARE CONFIDENTIAL
`
`PROPERTY
`
`OF DRE HEALTH
`
`UNLESS
`
`OTHERWISE
`
`NOTED
`
`DISCLAIMER:
`
`This
`
`e-mail
`
`message
`
`the
`
`disclaimer
`
`that
`
`(including
`is published
`
`its attachments),
`at
`the website:
`
`which
`
`is exclusively
`www.drehealth.com
`of service,
`delivery,
`at www.drehealth.com
`
`intended
`
`for
`
`the
`
`addressee,
`
`is subject
`
`to
`
`and
`
`payment
`
`apply,
`
`which
`
`you may
`
`To all agreements
`
`received
`have
`We expressly
`
`from
`
`reject
`
`our
`general
`terms
`us, and which
`the
`applicability
`
`and
`
`conditions
`
`are
`
`published
`
`of your
`
`terms
`
`and
`
`conditions.
`
`IF YOU ARE NOT THE INTENDED
`IMMEDIATELY.
`
`RECIPIENT
`
`OF THIS EMAIL,
`
`PLEASE
`
`NOTIFY
`
`SENDER
`
`AND DELETE
`
`On Wed,
`Hi Aron,
`
`Jan 20, 2021at
`
`10:12
`
`PM Isaac Bawany
`
`<info@drehealth.com>
`
`wrote:
`
`plan?
`
`Let me know what
`
`you think
`
`of
`
`this
`
`60 containers*40'HQ,
`
`3600cs/FCL:
`
`$57.14/cs/1,000
`
`AVG TOTAL
`
`PRICE.
`
`Status
`
`Sailed
`
`ETA
`
`POD
`
`Containef#
`
`FCLWIY
`
`1/24
`
`]
`
`LA
`
`CMAU5118074
`
`1.00
`
`Sailed
`
`1/31
`
`LA
`
`CONFIRMED
`
`2/7
`
`)
`
`CONFIRMED
`
`CONFIRMED
`
`CONFIRMED
`
`2/14
`
`2/21
`
`2/28
`
`I
`
`LA
`
`LA
`
`LA
`
`LA
`
`MATU2690127
`FClU8871940
`MATU2698832
`TRHU5280222
`MATU2266124
`MATU2334701
`BMOU6451718
`APHU6623494
`
`TBD
`
`TBD
`
`TBD
`
`TBD
`
`TOTAL
`
`8.00
`
`8.00
`
`10.00
`
`16.00
`
`17.00
`
`I
`| 60.00
`
`if
`Let me know
`for
`1/24
`or 1/31,
`
`this works?
`but
`here
`
`Every
`is the
`
`for February,
`you want
`container
`additional
`plan
`for 60 that
`I was able
`to work
`out.
`3
`
`I can give you
`
`1 more
`
`container
`
`number
`
`

`

`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 15 of 18 PageID #: 25
`NYSCEF DOC. NO. 3
`RECEIVED NYSCEF: 03/25/2021
`
`Thank
`
`you
`
`very much!
`
`Kind
`
`A.
`
`regards,
`Isaac
`
`Bowany,
`
`the DRE Health
`
`Corporation
`
`1Chief Executive
`
`A.
`Isaac Bawany
`Kansas City Office
`
`isaac@drehealth.com
`
`BrfG--
`
`t +1(833) DR&HEAL
`
`Ext. 700
`
`THIS EMAIL WAS SENT FROM
`MY MOBILE
`PLEASE EXCUSE SPELLING/GRAMMATICAL
`DEVICE,
`
`ERRORS.
`
`CONTENTS
`
`OF EMAIL
`
`ARE CONFIDENTIAL
`
`PROPERTY
`
`OF DRE HEALTH
`
`UNLESS OTHERWISE
`
`NOTED
`
`DISCLAIMER:
`message
`This e-mail
`(including
`is published
`disclaimer
`that
`To all agreements
`our general
`received
`from us, and which
`We expressly
`reject
`the
`applicability
`
`at
`
`is exclusively
`which
`its attachments),
`www.drehealth.com
`the website:
`and coriditiviis
`terms
`of service,
`are published
`at yvww.drehealth.com
`of your
`and conditions.
`terms
`
`intended
`
`for
`
`the
`
`addressee,
`
`is subject
`
`to the
`
`delivery,
`
`and
`
`payment
`
`apply,
`
`which
`
`you may
`
`have
`
`IF YOU ARE NOT THE INTENDED
`
`RECIPIENT
`
`OF THIS EMAIL,
`
`PLEASE NOTIFY SENDER AND DELETE IMMEDIATELY.
`
`4
`
`

`

`
`
`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`FILED. KINGs_ COUNTY LERK 03_mm INDEX NO- 507140/2021
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 16 of 18 PageID #: 26
`NYSCEF DOC.
`.
`' ' '
`" '
`" " '
`-ge 16 OchEWERIgsgfl“: 03/25/2021
`NYSCEF DOC. NO. 4
`RECEIVED NYSCEF: 03/25/2021
`
`EXHIBIT B
`EXHIBIT B
`
`

`

`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 03/25/2021 12:55 PM
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 17 of 18 PageID #: 27
`NYSCEF DOC. NO. 4
`RECEIVED NYSCEF: 03/25/2021
`
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`

`

`INDEX NO. 507140/2021
`FILED: KINGS COUNTY CLERK 04/26/2021 10:15 PM
`Case 1:21-cv-03105 Document 1-2 Filed 06/01/21 Page 18 of 18 PageID #: 28
`NYSCEF DOC. NO. 5
`RECEIVED NYSCEF: 04/26/2021
`
`P4443891
`
`AFFIDAVIT OF SERVICE
`
`VENABLE LLP
`JACKELINE NOVIKOV-CARLES
`SUPREME COURT KINGS COUNTY STATE OF NEW YORK
`WYNNMED INC.
`
`DRE HEALTH CORPORATION
`
`- vs
`
`PLAINTIFF
`
`DEFENDANT
`
`So
`
`index No. 507140/2021
`Date Filed
`File No. 148102-538666
`Court Date:
`AFFIDAVIT OF SERVICE
`:ss:
`
`fffe:q
`
`__, COUNTY OF
`, being duly sworn deposes and says:
`is over 18 years of age and resides in the State of
`at
`t-1, ·
`on
`at REGISTERED AGENTS INC, 117 SoUTR LEXINGTON STREET, SVITE 100 ·BARR;pSONV;tLLE, MO 64·701
`
`STATE OF
`
`Deponent
`
`f$fcANI
`
`u
`
`is not a party herein,
`
`TH
`
`.
`
`#2 CORPORATION
`
`#3 SUITABLE
`AGE PERSON
`
`#4 AFFIXING
`To DOOR
`
`deponent served the within EgMIBIT(S), NOTÉR òF RECTRONIC BLINGr BUMMQNS AND CQNÞfÁINT Ons DRE H
`the DEFENDANT therein named.
`CORPORATION,
`By delivering a true copy of each to said recipient personally; deponent knew the
`#1 INDIVIDUAL
`person served to be the person describ¢d 4s aid ets íd therei
`-·yÊhhÊ
`By delivering a true copy of each to #Ñr
`personally,
`deponent knew the person so served to be the
`the corporation, and authorized to accept service on behalf of the corporation.
`of
`By delivering a true copy of each to
`a person
`of suitable age and discretion.
`Said premises is DEFENDANT's:
`] actual place of business
`} dwelling house (usual
`[
`{
`place of abode) within the state.
`By affixing a true copy of each to the door of said premises, which is DEFENDANT's:[
`] dwelling house (usual place of abode) within the
`3 actual place of business
`[
`state.
`Deponent was unable, with due diligence to find DEFENDANT or a person of suitable age
`and discretion, having called thereat
`day of
`at
`on the
`at
`day of
`on the
`at
`day of
`on the
`at
`day of
`on the
`Address confirmed by
`e.
`
`__#5 MAIL coPY
`
`py of
`the
`aforementioned documents properly enclosed and sealed in a post-paid wrapper
`addressed to the above address. Copy mailed 1
`class mail marked personal and
`indicating on the outside thereof by return address or otherwise
`confidential not
`that said notice is from an attorney or concerns an action against the person to be
`_f
`served.
`Deponent describes the person served as aforesaid to the best of deponent's
`X #6 DESCRIPTION
`. f
`(USE WITE #1, 2 OR 3) ability at the time and circumstances of
`the service as follows .
`Color: W
`Hair: Ò|km
`Sex:
`| 24 ~/ % 0
`'·{ Q 1
`Height
`Weight ;
`Age :
`OTHER IDENTIFYING FEATURES:
`The authorized witness fee and / or traveling expenses were paid (tendered)
`to the
`DEFENDANT in the
`amount of $
`#8 MILITARY SRVC Deponent asked person spoken to whether the DEFENDANT was presently in military
`service of the United States Government or of
`the State
`and was
`informed that DEFENDANT was not.
`
`#7 WITNESS FEES
`
`#9 OTHER
`
`.
`
`NOTARY NAME & DATE
`
`D. ROWlAND
`b
`
`Seal
`
`Note
`i
`i sou
`ta
`Commissioned for Jackson County
`My CommissionExpires:April0L2022
`Commission Number: 14435616
`
`p
`
`5
`
`1 of 1
`
`ORK, NY l 0 038
`
`11TH FLOOR
`
`8Aoe No: 7-.VLLP-4443gg
`
`