FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 515055/2021
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`RECEIVED NYSCEF: 06/21/2021
`
`
`
`
`
` Plaintiff,
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`-------------------------------------------------------------------X
`AMERISOURCEBERGEN DRUG CORP.,
`
`
`
`
`
`SDF PHARMACY, INC. d/b/a UNIMED FAMILY
`HEALTHCARE PHARMACY, G.L. PHARMACY
`HOLDINGS LLC d/b/a UNIMED FAMILY
`HEALTHCARE PHARMACY, MOHAMMAD W.
`BILLAH, KHALEDA L. BILLAH, and DANIEL
`GELBINOVICH,
`
` Defendants.
`
`
`
`-------------------------------------------------------------------X
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`
`
`
`
`Index No.
`
`
`VERIFIED COMPLAINT
`
`
` -against-
`
`
`Plaintiff, AmerisourceBergen Drug Corp., by its attorneys, Kurzman Eisenberg Corbin &
`
`Lever, LLP, complaining of Defendants, SDF Pharmacy, Inc. d/b/a Unimed Family Healthcare
`
`Pharmacy, G.L. Pharmacy Holdings LLC d/b/a Unimed Family Healthcare Pharmacy,
`
`Mohammad W. Billah, Khaleda L. Billah, and Daniel Gelbinovich, as and for its Complaint
`
`alleges as follows:
`
`THE PARTIES
`
`1.
`
`At all relevant times hereinafter mentioned, AmerisourceBergen Drug Corp.
`
`(“ABDC”) was and is a Delaware corporation authorized to transact business in the State of
`
`New York, with an office for the transaction of business located at 1300 Morris Drive,
`
`Chesterbrook, Pennsylvania 19087.
`
`2.
`
`Upon information and belief, at all relevant times hereinafter mentioned,
`
`Defendant, SDF Pharmacy, Inc. d/b/a Unimed Family Healthcare Pharmacy (“SDF Pharmacy”)
`
`was and is a domestic corporation, with an office for the transaction of business located at 343
`
`Broadway, Brooklyn, New York 11211 (the “Premises”).
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`1 of 16
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`FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 515055/2021
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`RECEIVED NYSCEF: 06/21/2021
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`3.
`
`Upon information and belief, at all relevant times hereinafter mentioned,
`
`Defendant, G.L. Pharmacy Holdings LLC d/b/a Unimed Family Healthcare Pharmacy (“G.L.
`
`Pharmacy”) was and is a domestic corporation, with an office for the transaction of business
`
`located at the Premises.
`
`4.
`
`Upon information and belief, at all relevant times hereinafter mentioned,
`
`Defendant, Mohammad W. Billah (“Mohammad”) is an individual residing at 60 Pineapple
`
`Street, Apt 3H, Brooklyn, New York 11201.
`
`5.
`
`Upon information and belief, at all relevant times hereinafter mentioned,
`
`Defendant, Khaleda L. Billah (“Khaleda”) is an individual residing at 60 Pineapple Street, Apt
`
`3H, Brooklyn, New York 11201.
`
`6.
`
`Upon information and belief, Mohammad and Khaleda (collectively, the
`
`“Billahs”) live together as husband and wife.
`
`7.
`
`Upon information and belief, at all relevant times hereinafter mentioned,
`
`Defendant, Daniel Gelbinovich (“Gelbinovich”) is an individual residing at 2019 Royce Street,
`
`Brooklyn, New York 11211.
`
`AS AND FOR A FIRST CAUSE OF ACTION
`
`8.
`
`Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
`
`“7” of this Verified Complaint with the same force and effect as if set forth fully at length
`
`herein.
`
`9.
`
`At all relevant times hereinafter mentioned, ABDC operates a licensed wholesale
`
`distribution of pharmaceutical, health and beauty aid products (the “Goods”).
`
`10.
`
`Upon information and belief, SDF Pharmacy operated a retail pharmacy located at
`
`the Premises.
`
`
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`
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`FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 515055/2021
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`RECEIVED NYSCEF: 06/21/2021
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`11.
`
`Through on or about January 13, 2021, ABDC sold and delivered Goods to SDF
`
`Pharmacy. SDF Pharmacy paid for a portion of the Goods sold and delivered, but did not pay
`
`for the Goods in full.
`
`12.
`
`The agreed upon and reasonable value of the Goods sold and delivered by ABDC
`
`to SDF Pharmacy, but not paid for by SDF Pharmacy, inclusive of late charges through May 31,
`
`2021, is $84,703.46.
`
`13.
`
`ABDC has duly demanded payment from SDF Pharmacy in the amount of
`
`$84,703.46; however, SDF Pharmacy has failed to pay any part of said sum. There remains due
`
`and owing from SDF Pharmacy to ABDC a balance in the amount of $84,703.46.
`
`14.
`
`By reason of the foregoing, ABDC is entitled to judgment against SDF Pharmacy
`
`in the amount of $84,703.46 plus late charges and interest from June 1, 2021, together with the
`
`costs and disbursements of this action, including reasonable attorneys' fees.
`
`AS AND FOR A SECOND CAUSE OF ACTION
`
`15.
`
`Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
`
`“14” of this Verified Complaint with the same force and effect as if set forth fully at length
`
`herein.
`
`16.
`
`In order to obtain credit from ABDC, on or about April 25, 2019, SDF Pharmacy
`
`executed and delivered a credit application to ABDC (the “SDF Credit Application”).
`
`17.
`
`Under the terms of the SDF Credit Application, SDF Pharmacy agreed to remit all
`
`payments to ABDC for Goods purchased in a timely manner.
`
`18.
`
`Under the terms of the SDF Credit Application, SDF Pharmacy agreed to pay
`
`ABDC late charges at the rate of eighteen percent (18%) per annum on all delinquent balances.
`
`
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`FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 515055/2021
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`RECEIVED NYSCEF: 06/21/2021
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`19.
`
`Under the terms of the SDF Credit Application, SDF Pharmacy agreed to pay all
`
`of ABDC’s costs and expenses, including attorneys’ fees, incurred in the event SDF Pharmacy
`
`defaulted under the terms of the SDF Credit Application.
`
`20.
`
`By failing to remit payments in a timely manner, SDF Pharmacy defaulted under
`
`the terms of the SDF Credit Application.
`
`21.
`
`ABDC has fully complied with all of the terms and conditions of the SDF Credit
`
`Application.
`
`22.
`
`By reason of the foregoing, ABDC is entitled to judgment against SDF Pharmacy
`
`in the amount of $84,703.46 plus late charges and interest from June 1, 2021, together with the
`
`costs and disbursements of this action, including reasonable attorneys' fees.
`
`AS AND FOR A THIRD CAUSE OF ACTION
`
`23.
`
`Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
`
`“22” of this Complaint with the same force and effect as if set forth fully at length herein.
`
`24.
`
`As a direct and proximate result of the aforesaid, SDF Pharmacy has been
`
`unjustly enriched.
`
`25.
`
`By reason of the foregoing, ABDC is entitled to judgment against SDF Pharmacy
`
`in the amount of $84,703.46 plus late charges and interest from June 1, 2021, together with the
`
`costs and disbursements of this action, including reasonable attorneys' fees.
`
`AS AND FOR A FOURTH CAUSE OF ACTION
`
`26.
`
`Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
`
`“25” of this Complaint with the same force and effect as if set forth fully at length herein.
`
`27.
`
`ABDC invoiced SDF Pharmacy for the purchase of the Goods, which invoices
`
`were duly accepted and acknowledged by SDF Pharmacy as true and accurate.
`
`
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`-4-
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`4 of 16
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`FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 515055/2021
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`RECEIVED NYSCEF: 06/21/2021
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`28.
`
`As a direct and proximate result of the aforesaid, there exists an account stated
`
`between ABDC and SDF Pharmacy.
`
`29.
`
`By reason of the foregoing, ABDC is entitled to judgment against SDF Pharmacy
`
`in the amount of $84,703.46 plus late charges and interest from June 1, 2021, together with the
`
`costs and disbursements of this action, including reasonable attorneys' fees.
`
`AS AND FOR A FIFTH CAUSE OF ACTION
`
`30.
`
`Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
`
`“29” of this Complaint with the same force and effect as if set forth fully at length herein.
`
`31.
`
`In order to secure payment for the Goods, in connection with the SDF Credit
`
`Application, SDF Pharmacy executed and delivered a security agreement (the “SDF Security
`
`Agreement”) to ABDC.
`
`32.
`
`Pursuant to the SDF Security Agreement, SDF Pharmacy provided ABDC with a
`
`blanket lien on all of the SDF Pharmacy’s assets, including but not limited to, inventory,
`
`accounts receivable, prescription files, fixtures, furniture, goodwill and the proceeds thereon
`
`(collectively, the “SDF Collateral”).
`
`33.
`
`On or about August 20, 2019, ABDC effectuated the filing of a UCC -1 Financing
`
`Statement with the Secretary of State of New York, thereby creating a duly perfected blanket
`
`lien on the SDF Collateral.
`
`34.
`
`ABDC is entitled to immediate possession of the SDF Collateral, insofar as SDF
`
`Pharmacy has failed and/or refused to satisfy the indebtedness and is in default of the SDF
`
`Security Agreement.
`
`35.
`
`Despite due and repeated demands, SDF Pharmacy has failed and/or refused to
`
`cure its default.
`
`
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`-5-
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`5 of 16
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`FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 515055/2021
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`RECEIVED NYSCEF: 06/21/2021
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`36.
`
`By reason of the foregoing, ABDC is entitled to judgment against SDF Pharmacy
`
`in the amount of $84,703.46 plus late charges and interest from June 1, 2021, and judgment
`
`directing SDF Pharmacy to deliver the SDF Collateral to ABDC, and in the event the SDF
`
`Collateral is not delivered to ABDC, a sheriff or marshal may break open, enter and search the
`
`Premises and/or any place in which the SDF Collateral may be found, and seize the SDF
`
`Collateral sufficient to satisfy the indebtedness, together with the costs and disbursements of
`
`this action, including reasonable attorneys’ fees.
`
`AS AND FOR A SIXTH CAUSE OF ACTION
`
`37.
`
`Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
`
`“36” of this Complaint with the same force and effect as if set forth fully at length herein.
`
`38.
`
`For the purpose of securing any and all indebtedness due and owing from SDF
`
`Pharmacy to ABDC for the sale of the aforesaid Goods, on or about April 25, 2019, the Billahs
`
`each executed and delivered a personal guaranty (the “Billah Personal Guaranty”) to ABDC.
`
`39.
`
`Under the terms of the Billah Personal Guaranty, the Billahs agreed that in
`
`consideration of, and to induce ABDC to extend credit to the Pharmacy, they would each
`
`irrevocably and unconditionally, jointly and severally, guarantee the prompt payment of all
`
`monies due and owing from the Pharmacy to ABDC.
`
`40.
`
`Pursuant to the Billah Personal Guaranty, the Billahs are personally liable for all
`
`sums due as a result of SDF Pharmacy having defaulted under its obligations to ABDC,
`
`including attorneys' fees and costs.
`
`41.
`
`By reason of the foregoing, ABDC is entitled to judgment against the Billahs,
`
`jointly and severally, in the amount of $84,703.46 plus late charges and interest from June 1,
`
`
`
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`FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 515055/2021
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`RECEIVED NYSCEF: 06/21/2021
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`2021, together with the costs and disbursements of this action, including reasonable attorneys'
`
`fees.
`
`AS AND FOR A SEVENTH CAUSE OF ACTION
`
`42.
`
`Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
`
`“41” of this Verified Complaint with the same force and effect as if set forth fully at length
`
`herein.
`
`43.
`
`Upon information and belief, G.L. Pharmacy operates a retail pharmacy at the
`
`Premises.
`
`44.
`
`Through on or about January 30, 2021, ABDC sold and delivered Goods to G.L.
`
`Pharmacy. G.L. Pharmacy paid for a portion of the Goods sold and delivered, but did not pay
`
`for the Goods in full.
`
`45.
`
`The agreed upon and reasonable value of the Goods sold and delivered by ABDC
`
`to G.L. Pharmacy, but not paid for by G.L. Pharmacy, inclusive of late charges through May 31,
`
`2021, is $97,899.15.
`
`46.
`
`ABDC has duly demanded payment from G.L. Pharmacy in the amount of
`
`$97,899.15; however, G.L. Pharmacy has failed to pay any part of said sum. There remains due
`
`and owing from G.L. Pharmacy to ABDC a balance in the amount of $97,899.15.
`
`47.
`
`By reason of the foregoing, ABDC is entitled to judgment against G.L. Pharmacy
`
`in the amount of $97,899.15 plus late charges and interest from June 1, 2021, together with the
`
`costs and disbursements of this action, including reasonable attorneys’ fees.
`
`
`
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`-7-
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`7 of 16
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`FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 515055/2021
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`RECEIVED NYSCEF: 06/21/2021
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`AS AND FOR AN EIGHTH CAUSE OF ACTION
`
`48.
`
`Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
`
`“47” of this Verified Complaint with the same force and effect as if set forth fully at length
`
`herein.
`
`49.
`
`In order to obtain credit from ABDC, on or about December 1, 2020, G.L.
`
`Pharmacy executed and delivered a credit application to ABDC (the “G.L. Credit Application”).
`
`50.
`
`Under the terms of the G.L. Credit Application, G.L. Pharmacy agreed to remit all
`
`payments to ABDC for Goods purchased in a timely manner.
`
`51.
`
`Under the terms of the G.L. Credit Application, G.L. Pharmacy agreed to pay
`
`ABDC late charges at the rate of eighteen percent (18%) per annum on all delinquent balances.
`
`52.
`
`Under the terms of the G.L. Credit Application, G.L. Pharmacy agreed to pay all
`
`of ABDC’s costs and expenses, including attorneys’ fees, incurred in the event G.L. Pharmacy
`
`defaulted under the terms of the G.L. Credit Application.
`
`53.
`
`By failing to remit payments in a timely manner, G.L. Pharmacy defaulted under
`
`the terms of the G.L. Credit Application.
`
`54.
`
`ABDC has fully complied with all of the terms and conditions of the G.L. Credit
`
`Application.
`
`55.
`
`By reason of the foregoing, ABDC is entitled to judgment against G.L. Pharmacy
`
`in the amount of $97,899.15 plus late charges and interest from June 1, 2021, together with the
`
`costs and disbursements of this action, including reasonable attorneys' fees.
`
`AS AND FOR A NINTH CAUSE OF ACTION
`
`56.
`
`Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
`
`“55” of this Complaint with the same force and effect as if set forth fully at length herein.
`
`
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`8 of 16
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`FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 515055/2021
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`RECEIVED NYSCEF: 06/21/2021
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`57.
`
`As a direct and proximate result of the aforesaid, G.L. Pharmacy has been
`
`unjustly enriched.
`
`58.
`
`By reason of the foregoing, ABDC is entitled to judgment against G.L. Pharmacy
`
`in the amount of $97,899.15 plus late charges and interest from June 1, 2021, together with the
`
`costs and disbursements of this action, including reasonable attorneys' fees.
`
`AS AND FOR A TENTH CAUSE OF ACTION
`
`59.
`
`Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
`
`“58” of this Complaint with the same force and effect as if set forth fully at length herein.
`
`60.
`
`ABDC invoiced G.L. Pharmacy for the purchase of the Goods, which invoices
`
`were duly accepted and acknowledged by G.L. Pharmacy as true and accurate.
`
`61.
`
`As a direct and proximate result of the aforesaid, there exists an account stated
`
`between ABDC and G.L. Pharmacy.
`
`62.
`
`By reason of the foregoing, ABDC is entitled to judgment against G.L. Pharmacy
`
`in the amount of $97,899.15 plus late charges and interest from June 1, 2021, together with the
`
`costs and disbursements of this action, including reasonable attorneys' fees.
`
`AS AND FOR AN ELEVENTH CAUSE OF ACTION
`
`63.
`
`Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
`
`“62” of this Complaint with the same force and effect as if set forth fully at length herein.
`
`64.
`
`In order to secure payment for the Goods, in connection with the Credit
`
`Application, G.L. Pharmacy executed and delivered a security agreement (the “G.L. Security
`
`Agreement”) to ABDC.
`
`65.
`
`Pursuant to the G.L. Security Agreement, G.L. Pharmacy provided ABDC with a
`
`blanket lien on all of the G.L. Pharmacy’s assets, including but not limited to, inventory,
`
`
`
`
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`-9-
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`9 of 16
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`FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 515055/2021
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`RECEIVED NYSCEF: 06/21/2021
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`accounts receivable, prescription files, fixtures, furniture, goodwill and the proceeds thereon
`
`(collectively, the “G.L. Collateral”).
`
`66.
`
`On or about January 8, 2021, ABDC effectuated the filing of a UCC -1 Financing
`
`Statement with the Secretary of State of New York, thereby creating a duly perfected blanket
`
`lien on the G.L. Collateral.
`
`67.
`
`ABDC is entitled to immediate possession of the G.L. Collateral, insofar as G.L.
`
`Pharmacy has failed and/or refused to satisfy the indebtedness and is in default of the G.L.
`
`Security Agreement.
`
`68.
`
`Despite not being required to provide G.L. Pharmacy with notice of its default
`
`under the G.L. Security Agreement, by letter dated May 4, 2021, G.L. Pharmacy was placed on
`
`written notice of its default.
`
`69.
`
`Despite due and repeated demands, G.L. Pharmacy has failed and/or refused to
`
`cure its default.
`
`70.
`
`By reason of the foregoing, ABDC is entitled to judgment against G.L. Pharmacy
`
`in the amount of $97,899.15 plus late charges and interest from June 1, 2021, and judgment
`
`directing G.L. Pharmacy to deliver the G.L. Collateral to ABDC, and in the event the G.L.
`
`Collateral is not delivered to ABDC, a sheriff or marshal may break open, enter and search the
`
`Premises and/or any place in which the G.L. Collateral may be found, and seize the G.L
`
`Collateral sufficient to satisfy the indebtedness, together with the costs and disbursements of
`
`this action, including reasonable attorneys’ fees.
`
`AS AND FOR A TWELFTH CAUSE OF ACTION
`
`71.
`
`Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
`
`“70” of this Complaint with the same force and effect as if set forth fully at length herein.
`
`
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`10 of 16
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`FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 515055/2021
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`RECEIVED NYSCEF: 06/21/2021
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`72.
`
`For the purpose of securing any and all indebtedness due and owing from G.L.
`
`Pharmacy to ABDC for the sale of the aforesaid Goods, on or about December 1, 2020,
`
`Gelbinovich executed and delivered a personal guaranty (the “Gelbinovich Personal Guaranty”)
`
`to ABDC.
`
`73.
`
`Under the terms of the Gelbinovich Personal Guaranty, Gelbinovich agreed that in
`
`consideration of, and to induce ABDC to extend credit to G.L. Pharmacy, he would irrevocably
`
`and unconditionally guarantee the prompt payment of all monies due and owing from G.L.
`
`Pharmacy to ABDC.
`
`74.
`
`Pursuant to the Gelbinovich Personal Guaranty, Gelbinovich is personally liable
`
`for all sums due as a result of G.L. Pharmacy having defaulted under its obligations to ABDC,
`
`including attorneys' fees and costs.
`
`75.
`
`By reason of the foregoing, ABDC is entitled to judgment against Gelbinovich in
`
`the amount of $97,899.15 plus late charges and interest from June 1, 2021, together with the
`
`costs and disbursements of this action, including reasonable attorneys' fees.
`
`AS AND FOR A THIRTEENTH CAUSE OF ACTION
`
`76.
`
`Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
`
`“75” of this Verified Complaint with the same force and effect as if set forth fully at length
`
`herein.
`
`77.
`
`Upon information and belief, in or about July 2020, G.L. Pharmacy Holdings
`
`purchased the assets of SDF Pharmacy, including but not limited to the SDF Collateral, and
`
`continued to operate the retail pharmacy at the Premises.
`
`
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`FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 515055/2021
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`RECEIVED NYSCEF: 06/21/2021
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`78.
`
`Through on or about January 13, 2021, G.L. Pharmacy ordered Goods from
`
`ABDC under the account of SDF Pharmacy. SDF Pharmacy and/or G.L. Pharmacy paid for a
`
`portion of the Goods sold and delivered, but did not pay for the Goods in full.
`
`79.
`
`The agreed upon and reasonable value of the Goods sold and delivered by ABDC
`
`to G.L. Pharmacy under the SDF Pharmacy account, but not paid for by G.L. Pharmacy,
`
`inclusive of late charges through May 31, 2021, is $84,703.46.
`
`80.
`
`ABDC has duly demanded payment from G.L. Pharmacy in the amount of
`
`$84,703.46; however, SDF Pharmacy has failed to pay any part of said sum. There remains due
`
`and owing from SDF Pharmacy to ABDC a balance in the amount of $84,703.46.
`
`81.
`
`By reason of the foregoing, ABDC is entitled to judgment against G.L. Pharmacy
`
`in the amount of $84,703.46 plus late charges and interest from June 1, 2021, together with the
`
`costs and disbursements of this action, including reasonable attorneys' fees.
`
`AS AND FOR A FOURTEENTH CAUSE OF ACTION
`
`82.
`
`Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
`
`“81” of this Complaint with the same force and effect as if set forth fully at length herein.
`
`83.
`
`As a direct and proximate result of Gl. Pharmacy failing to pay for the Goods
`
`ordered by G.L. Pharmacy under the SDF Pharmacy account, G.L. Pharmacy has been unjustly
`
`enriched.
`
`84.
`
`By reason of the foregoing, ABDC is entitled to judgment against G.L. Pharmacy
`
`in the amount of $84,703.46 plus late charges and interest from June 1, 2021, together with the
`
`costs and disbursements of this action, including reasonable attorneys' fees.
`
`
`
`
`
`-12-
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`12 of 16
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`FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 515055/2021
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`RECEIVED NYSCEF: 06/21/2021
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`AS AND FOR A FIFTEENTH CAUSE OF ACTION
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`85.
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`Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
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`“84” of this Complaint with the same force and effect as if set forth fully at length herein.
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`86.
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`Pursuant to the Gelbinovich Personal Guaranty, Gelbinovich is personally liable
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`for all sums due as a result of G.L. Pharmacy having defaulted under its obligations to ABDC,
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`including payment for the Goods purchased by G.L. Pharmacy under the SDF Pharmacy
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`account.
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`87.
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`By reason of the foregoing, ABDC is entitled to judgment against Gelbinovich in
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`the amount of $84,703.46 plus late charges and interest from June 1, 2021, together with the
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`costs and disbursements of this action, including reasonable attorneys' fees.
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`WHEREFORE, ABDC demands judgment against Defendants as follows:
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`On the First through Fourth Causes of Action against SDF Pharmacy in the
`amount of $84,703.46 plus late charges and interest from June 1, 2021, together
`with the costs and disbursements of this action, including reasonable attorneys’
`fees;
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`On the Fifth Cause of Action against SDF Pharmacy in the amount of $84,703.46
`plus late charges and interest from June 1, 2021 and judgment directing SDF
`Pharmacy to deliver the SDF Collateral to ABDC, and in the event the SDF
`Collateral is not delivered to ABDC, a sheriff or marshal may break open, enter
`and search the Premises and/or any place in which the SDF Collateral may be
`found, and seize the SDF Collateral sufficient to satisfy the indebtedness, together
`with the costs and disbursements of this action, including reasonable attorneys’
`fees;
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`On the Sixth Cause of Action against the Billahs, jointly and severally, in the
`amount of $84,703.46 plus late charges and interest from June 1, 2021, together
`with the costs and disbursements of this action, including reasonable attorneys’
`fees;
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`1.
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`2.
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`3.
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`FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 515055/2021
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`RECEIVED NYSCEF: 06/21/2021
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`4.
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`5.
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`6.
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`7.
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`8.
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`On the Seventh through Tenth Causes of Action against G.L. Pharmacy in the
`amount of $97,899.15 plus late charges and interest from June 1, 2021, together
`with the costs and disbursements of this action, including reasonable attorneys’
`fees;
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`On the Eleventh Cause of Action against G.L. Pharmacy in the amount of
`$97,899.15 plus late charges and interest from June 1, 2021 and judgment
`directing G.L. Pharmacy to deliver the G.L. Collateral to ABDC, and in the event
`the G.L. Collateral is not delivered to ABDC, a sheriff or marshal may break
`open, enter and search the Premises and/or any place in which the G.L. Collateral
`may be found, and seize the G.L. Collateral sufficient to satisfy the indebtedness,
`together with the costs and disbursements of this action, including reasonable
`attorneys’ fees;
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`On the Twelfth Cause of Action against Gelbinovich in the amount of $97,899.15
`plus late charges and interest from June 1, 2021, together with the costs and
`disbursements of this action, including reasonable attorneys’ fees;
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`On the Thirteenth and Fourteenth Causes of Action against G.L. Pharmacy in the
`amount of $84,703.46 plus late charges and interest from June 1, 2021, together
`with the costs and disbursements of this action, including reasonable attorneys’
`fees
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`On the Fifteenth Cause of Action against Gelbinovich in the amount of
`$84,703.46 plus late charges and interest from June 1, 2021, together with the
`costs and disbursements of this action, including reasonable attorneys’ fees
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`9.
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`For such other and further relief as this Court may deem just and proper.
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`Dated: White Plains, New York
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` June 21, 2021
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`KURZMAN EISENBERG CORBIN & LEVER, LLP
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`
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`By: _________________________________
`Bruce W. Bieber, Esq.
`Attorneys for Plaintiff,
`AmerisourceBergen Drug Corp.
`One North Broadway, 12th Floor
`White Plains, NY 10601
`(212) 922-1330
`bbieber@kelaw.com
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`FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`FILED: KINGS COUNTY CLERK 063-12021 04:21 P I
`NYSCEF DOC. NO.
`2
`NYSCEF DOC. NO. 2
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`INDEX NO. 515055/2021
`INDEX NO- 515055/2021
`RECEIVED NYSCEF: 06/21/2021
`RECEIVED NYSCEF: 06/21/2021
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`15 of 16
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`FILED: KINGS COUNTY CLERK 06/21/2021 04:21 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 515055/2021
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`RECEIVED NYSCEF: 06/21/2021
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`
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`ATTORNEY VERIFICATION
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`Bruce W. Bieber, an attorney admitted to practice in the Courts of New York State, state
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`that I am a member of the firm of KURZMAN EISENBERG CORBIN & LEVER, LLP, attorneys of
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`record for the Plaintiff in the within action; I have read the foregoing Complaint and know the
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`contents thereof; the same is true to my own knowledge, except as to the matters therein stated to
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`be alleged on information and belief, and as to those matters, I believe them to be true. The
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`reason this Verification is made by me and not by Plaintiff is that Plaintiff maintains its principal
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`place of business in a county other than where I maintain my offices. The grounds of my belief
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`as to all matters not stated upon my own knowledge are as follows: conversations with Plaintiff
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`and various books and records.
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`I affirm that the foregoing statements are true under the penalties of perjury.
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`Dated: White Plains, New York
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`June 21, 2021
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`
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`___________________________
`Bruce W. Bieber
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