FILED: MONROE COUNTY CLERK 05/17/2023 11:22 AM
`NYSCEF DOC. NO. 1
`MONROE COUNTY CLERK’S OFFICE
`
`RECEIVED NYSCEF: 05/17/2023
`THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
`
`INDEX NO. E2023005197
`
`Receipt # 3435685
`
`Book Page CIVIL
`
`No. Pages: 6
`
`Instrument: EFILING INDEX NUMBER
`
`Control #:
`Index #:
`
`202305171121
`E2023005197
`
`Date: 05/17/2023
`
`Time: 2:35:15 PM
`
`Return To:
`STEVEN ANTHONY LUCIA
`45 Exchange Blvd., 3rd Floor
`Rochester, NY 14614
`
` SA Hospitality, Inc.
`
` The County of Monroe
`
` State Fee Index Number
` County Fee Index Number
` State Fee Cultural Education
` State Fee Records
`Management
`
`Total Fees Paid:
`
`$165.00
`$26.00
`$14.25
`$4.75
`
`$210.00
`
`Employee: CW
`
`State of New York
`
`MONROE COUNTY CLERK’S OFFICE
`WARNING – THIS SHEET CONSTITUTES THE CLERKS
`ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
`SECTION 319 OF THE REAL PROPERTY LAW OF THE
`STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
`
`JAMIE ROMEO
`
`MONROE COUNTY CLERK
`
`1 of 6
`
`
`NYSCEF DOC. NO. 1
`MONROE COUNTY CLERK’S OFFICE
`
`RECEIVED NYSCEF: 05/17/2023
`THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
`
`INDEX NO. E2023005197
`
`Receipt # 3435685
`
`Book Page CIVIL
`
`No. Pages: 6
`
`Instrument: EFILING INDEX NUMBER
`
`Control #:
`Index #:
`
`202305171121
`E2023005197
`
`Date: 05/17/2023
`
`Time: 2:35:15 PM
`
`Return To:
`STEVEN ANTHONY LUCIA
`45 Exchange Blvd., 3rd Floor
`Rochester, NY 14614
`
` SA Hospitality, Inc.
`
` The County of Monroe
`
` State Fee Index Number
` County Fee Index Number
` State Fee Cultural Education
` State Fee Records
`Management
`
`Total Fees Paid:
`
`$165.00
`$26.00
`$14.25
`$4.75
`
`$210.00
`
`Employee: CW
`
`State of New York
`
`MONROE COUNTY CLERK’S OFFICE
`WARNING – THIS SHEET CONSTITUTES THE CLERKS
`ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
`SECTION 319 OF THE REAL PROPERTY LAW OF THE
`STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
`
`JAMIE ROMEO
`
`MONROE COUNTY CLERK
`
`1 of 6
`
`
`
`
`CIVIL202305171121
`05/17/2023 02:35:15 PM
`202305171121
`Cl 2028051 721 =2023005197
`k
`INDEX NO. E2023005197
`FILED: MONROE COUNTY CLERK 05/17/2023 11:22 AM
`
`
`
`
`
`
`RECEIVED NYSCEF: 05/17/2023
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/17/2023
`NYSCEF DOC. NO. 1
`
`SUPREME COURT
`STATE OF NEW YORK: COUNTY OF MONROE
`
`SA HOSPITALITY, INC.
`2729 Monroe Avenue
`Rochester, NY 14618
`
`Plaintiff,
`
`VS.
`
`THE COUNTY OF MONROE
`
`Defendants.
`
`SUMMONS
`
`Index No.
`Date Purchased:
`
`Plaintiff designates
`MONROE COUNTY
`as the placeof trial
`.
`;
`;
`The basis of venueis the Plaintiff's
`place of business.
`
`TO THE ABOVE NAMED DEFENDANT:
`
`YOU ARE HEREBY SUMMONEDto answerthe complaint in this
`action and to serve a copy of your answer,or, if the complaint is not served with this summons,
`to serve notice of appearanceon the Plaintiffs attorney within twenty (20) days after the service
`of this summons, exclusive of the day of service (or within 30 days after the service is complete
`if this summonsis not personally delivered to you within the State of New York); and in case of
`your failure to appear or answer, judgment will be taken against you by default for the relief
`demanded in the complaint.
`
`Dated: Rochester, New York
`May1, 2023
`
`Yours,etc.,
`
`PHETERSON SPATORICO L
`
`!
`
`
`
`NS
`
`By She J
`
`Steven A. Lucia
`Attorneys for Plaintiff
`45 Exchange Blvd., 3" Floor
`Rochester, New York 14614
`(585) 546-5600
`
`2 of 6
`2 of 6
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`CIVIL202305171121
`05/17/2023 02:35:15 PM
`202305171121
`Cl 2028051 721 =2023005197
`k
`INDEX NO. E2023005197
`FILED: MONROE COUNTY CLERK 05/17/2023 11:22 AM
`
`
`
`
`
`RECEIVED NYSCEF: 05/17/2023
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/17/2023
`NYSCEF DOC. NO. 1
`
`STATE OF NEW YORK
`
`SUPREME COURT: MONROE COUNTY
`
`
`SA HOSPITALITY, INC.,
`
`Vv.
`
`Plaintiff,
`
`THE COUNTY OF MONROE,
`
`Defendants.
`
`
`VERIFIED
`COMPLAINT
`
`Plaintiff, SA Hospitality, Inc. (“Plaintiff”), by and throughits attorneys, Pheterson
`
`Spatorico LLP, as and for its Complaint against Defendantalleges as follows:
`
`iF
`
`That, at all relevanttimes herein, Plaintiff was a cOrporation organized and
`
`existing under the laws of the State of New York and is the owner of Clarion Pointe Hotel, 2729
`
`Monroe Avenue, Rochester, NY 14618 (the “Premises”).
`
`2.
`
`This case arises out of the breach of contract by the Defendantas follows.
`
`In and around March 2020, Defendant was addressing the health issues of the public during the
`
`COVID-19 crisis and developed a plan for the housing andcare of individuals needing to be
`
`quarantined because they came in contact with the COVID-19 virus and those individuals who
`
`needed to bein isolation after testing positive for the COVID-19 virus but who did not require
`
`hospitalization. Defendant identified the Premisesas a suitable location for its COVID-19
`
`housing plan (the “Plan’”).
`
`3.
`
`On or about March 18, 2020, Defendant entered into a lease with Plaintiff
`
`for the use of the Premises to effectuate the Plan. Defendant occupied the Premises until the
`
`time it vacated on February 28, 2021. After Defendant vacated the Premises, Plaintiff
`
`3 of 6
`3 of 6
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`
`CIVIL202305171121
`05/17/2023 02:35:15 PM
`202305171121
`Cl 2028051 721 =2023005197
`k
`INDEX NO. E2023005197
`FILED: MONROE COUNTY CLERK 05/17/2023 11:22 AM
`
`
`
`
`
`RECEIVED NYSCEF: 05/17/2023
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/17/2023
`NYSCEF DOC. NO. 1
`
`determined that it had sustained damagesas a direct and proximate result of Defendant’s use and
`
`occupation of the Premises. Plaintiff determined that hotel inventory consisting of furniture,
`
`bedding and other items were taken from the Premises while the Premises were in Defendant’s
`
`sole possession.
`
`4.
`
`Underthe termsof the lease, Defendant agreed to leave the Premises and
`
`its furnishings, appurtenancesandtextiles free from unreasonable or excessive wear and tear and
`
`to safeguard those items from damageandtheft.
`
`5.
`
`In addition, Plaintiff faced liability for an invoice in the amount of
`
`$5,636.00 from Bright Bubble laundromat who Defendant used to perform cleaning of soiled
`
`=,
`
`linens from the Premises during the time Defendant has exclusive use of the Premises. Defendant
`
`had agreed to pay for all such costs and expenses.
`
`6.
`
`Further, Defendant did not adequately clean and disinfect the Premises
`
`before it vacated the Premises on February 28, 2021 as it had agreed to do.
`
`Premises.
`
`a
`
`8.
`
`Theincidents that form the basis of Plaintiff's Complaint took placeat the
`
`As a direct and proximateresult of the breach of contract by the Defendant
`
`aforesaid, Plaintiff sustained monetary damages in the amount of $26,008.40.
`
`FIRST CAUSE OF ACTION—BREACH OF CONTRACT
`
`9.
`
`Plaintiff repeats and realleges each and every allegation alleged in
`
`paragraphs 1 through 8 aboveasif fully set forth herein.
`
`10.
`
`The lease entered into between Plaintiff and Defendant was a valid and
`
`enforceable contract.
`
`4 of 6
`4 of 6
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`05/17/2023 02:35:15 PM
`202305171121
`FILED: MONROE COUNTY CLERK 05/17/2023 11:22 AM
`
`EF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`
`CIVIL202305171121
`Cl 2028051 721 =2023005197
`INDEX NO. E2023005197
`
`
`
`
`
`
`RECEIVED NYSCEF: 05/17/2023
`RECEIVED NYSCEF: 05/17/2023
`
`11.
`
`12.
`
`Plaintiff performedall of its obligations under the termsofthe lease.
`
`Asdetailed herein, Defendantfailed and refused to perform its obligations
`
`under the terms of the lease.
`
`te.
`
`Asa result of the foregoing, Plaintiffs have sustained damagesin the
`
`amounts aforesaid and in additional amounts that will be provenat the trial of this matter.
`
`WHEREFORE,Plaintiff demands judgment against Defendant in the amount of
`
`$26,008.40 and in additional amounts that will be provenat the trial of this matter as well as for
`
`costs, attorneys fees and expenses and for such other and furtherrelief as the Court deems
`
`proper.
`
`Dated: Rochester, New York
`May 1, 2023
`
`Yours,etc.
`
`PHETERSON SPATORICOLLP /
`By StneA )
`
`
`“Uy
`
`Steven A. Lucia
`Attorneysfor Plaintiffs
`45 Exchange Blvd., 34 Floor
`Rochester, NY 14614
`(585) 546-5600
`
`5 of 6
`5 of 6
`
`
`
`
`05/17/2023 02:35:15 PM
`202305171121
`CIVIL202305171121
`Cl 2028051 721 =2023005197
`INDEX NO. E2023005197
`FILED: MONROE COUNTY CLERK 05/17/2023 11:22 AM
`
`
`
`
`
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/17/2023
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/17/2023
`
`VERIFICATION
`
`STATE OF NEW YORK)
`COUNTY OF MONROE)J
`
`ss.:
`
`I am the President of Plaintiff; I have
`Silas Patel, being duly sworn, deposes and states:
`read the foregoing Verified Complaint and know the contents thereof. The sameis true to my
`knowledge, except those matters therein which are stated to be alleged on information and belief,
`and, as to those matters, I believe them to be true.
`
`Sworm fobefore me this _
`day ofAepsi, 2023)
`if
`
` ¢
`
`/
`
`ws
`
`NOTARY PUBLIC’
`
`
`Silas Patel
`
`:
`
`
`JONATHAN R. CYRANA
`Ay NOTARY PUBLIC, STATE OF NEW YORK
`
`f
`Registration No. 0LCY6393240
`
`
` Qualitied in Monroe County
`
`
`Commission Expires June 10, 20_
`
`6 of 6
`6 of 6
`
`
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