FILED: NASSAU COUNTY CLERK 10/02/2024 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 617415/2024
`
`RECEIVED NYSCEF: 10/02/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`-----------------------------------------------------------------------X
`ABSOLUTE, INC.
`
`Plaintiff,
`
`- against -
`
`STEVEN MATOS, INGRID MATOS,
`CITIZENS BANK NA, and JOHN DOE 1 TO 10.
`
`Defendants,
`----------------------------------------------------------------------X
`
`TO THE ABOVE NAMED DEFENDANT(S):
`
`Index No.:
`Date Filed:
`
`SUMMONS
`
`Basis of Venue
`
`CPLR 507
`Location of Subject Property
`
`YOU ARE HEREBY SUMMONED to appear in the Supreme Court of the State of
`New York, County of Nassau at the office of said Court at 240 Old Country Road, Mineola,
`NewYork, in the County of Nassau, within the time provided by law as noted below and to file
`your answer to the Complaint in this action with the Clerk, and to serve a copy of your answer,
`or, if the Complaint is not served with this Summons, to serve a notice of appearance, on the
`Plaintiff’s attorney within twenty (20) days after the service of this summons, exclusive of the
`day of service (or within thirty (30) days after service is complete if this Summons is not
`personally delivered to you within the State of New York); and in the case of your failure to
`appear on answer, judgment will be taken against you by default for the relief demanded in the
`Complaint.
`
`Dated: Flushing, New York
`October 1, 2024
`
`Respectfully Submitted,
`
`LAW OFFICE OF RONG LIN, PLLC.
`Attorney for Plaintiff Absolute, Inc.
`13620 38th Ave, 10J
`Flushing, NY 11354
`(203) 215 2688
`
`.
`
`______________________________
`By: Gulay Ozdemir, Esq.
`
`1 of 10
`
`
`NYSCEF DOC. NO. 1
`
`INDEX NO. 617415/2024
`
`RECEIVED NYSCEF: 10/02/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`-----------------------------------------------------------------------X
`ABSOLUTE, INC.
`
`Plaintiff,
`
`- against -
`
`STEVEN MATOS, INGRID MATOS,
`CITIZENS BANK NA, and JOHN DOE 1 TO 10.
`
`Defendants,
`----------------------------------------------------------------------X
`
`TO THE ABOVE NAMED DEFENDANT(S):
`
`Index No.:
`Date Filed:
`
`SUMMONS
`
`Basis of Venue
`
`CPLR 507
`Location of Subject Property
`
`YOU ARE HEREBY SUMMONED to appear in the Supreme Court of the State of
`New York, County of Nassau at the office of said Court at 240 Old Country Road, Mineola,
`NewYork, in the County of Nassau, within the time provided by law as noted below and to file
`your answer to the Complaint in this action with the Clerk, and to serve a copy of your answer,
`or, if the Complaint is not served with this Summons, to serve a notice of appearance, on the
`Plaintiff’s attorney within twenty (20) days after the service of this summons, exclusive of the
`day of service (or within thirty (30) days after service is complete if this Summons is not
`personally delivered to you within the State of New York); and in the case of your failure to
`appear on answer, judgment will be taken against you by default for the relief demanded in the
`Complaint.
`
`Dated: Flushing, New York
`October 1, 2024
`
`Respectfully Submitted,
`
`LAW OFFICE OF RONG LIN, PLLC.
`Attorney for Plaintiff Absolute, Inc.
`13620 38th Ave, 10J
`Flushing, NY 11354
`(203) 215 2688
`
`.
`
`______________________________
`By: Gulay Ozdemir, Esq.
`
`1 of 10
`
`
`
`FILED: NASSAU COUNTY CLERK 10/02/2024 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 617415/2024
`
`RECEIVED NYSCEF: 10/02/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`-----------------------------------------------------------------------X
`ABSOLUTE, INC.
`
`Plaintiff,
`
`Index No.:
`Date Filed:
`
`- against -
`
`VERIFIED COMPLAINT
`
`STEVEN MATOS, INGRID MATOS,
`CITIZEN BANK NA, and JOHN DOE 1 TO 10.
`
`Defendants,
`----------------------------------------------------------------------X
`
`Plaintiff, Absolute, Inc. (“Absolute”), by its attorney, LAW OFFICE OF RONG LIN, PLLC.,
`
`complaining of the defendants, respectfully shows and alleges as follows:
`
`The Parties, Jurisdiction, and Venue:
`
`1. At all times herein mentioned, Plaintiff, Absolute, was and continues to be a domestic
`
`corporation, duly organized and existing under and by virtue of the laws of the State of
`
`New York, engaged in the business of building or renovating custom homes, and is duly
`
`licensed by the Town of Nassau, New York to perform general contracting services.
`
`2. Absolute had a principal place of business located at 934 North Broadway, Massapequa,
`
`New York 11758 and now has a principal place of business located at 275 East 17th
`
`Street, Huntington Station, New York, 11746.
`
`3. At all times herein mentioned, Defendants Steven Matos and Ingrid Matos
`
`(“Defendants”) are natural persons and, upon information and belief, are over the age of
`
`18 years and reside at 721 Taft Street, Bellmore, New York, 11710.
`
`4. At all times herein mentioned, Defendants were, and still are, the owners of the real
`
`property described in Exhibit A, annexed hereto and made a part hereof, located in the
`
`2 of 10
`
`
`
`FILED: NASSAU COUNTY CLERK 10/02/2024 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 617415/2024
`
`RECEIVED NYSCEF: 10/02/2024
`
`County of Nassau, Block 79, Lot 116, known as 721 Taft Street, Bellmore, New York,
`
`11710 (“Liened Property”).
`
`5. Upon information and belief, Defendant Citizens Bank NA (“Citizens”) is a lending
`
`institution with a principal place of business located at One Citizens Plaza, Providence,
`
`Rhode Island 02903.
`
`6. Defendant Citizens is named herein by reason of its status as mortgagee of the Liened
`
`Property by virtue of a lien created by a certain Mortgage and Security Agreement
`
`between Steven Matos and/or Ingrid Matos, in the amount of $432,000.00 recorded on
`
`January 12, 2017 in CRFN 201700004068, Bk-M VI-41839 Pg-675.
`
`7. Upon information and belief, Defendants JOHN DOE 1 to 10, said names being
`
`fictitious, are parties to the action as it is the intention of the Plaintiff to designate any and
`
`all tenants and/or occupants of the premises herein being foreclosed upon.
`
`8. This action is properly venued in the County of Nassau pursuant to CPLR 507, as the
`
`Liened Property is located therein.
`
`The Lien:
`
`9. On or about November 15, 2022, Steven Matos and/or Ingrid Matos, as owner of the
`
`Liened Property, retained Absolute to supply labor, services, oversight, and materials
`
`with regard to the renovation of the Liened Property (the “Project”), pursuant to a written
`
`agreement of the same date (the “Agreement”).
`
`10. The Contract Sum for the Project pursuant to the Agreement was approximately
`
`$241,000.00.
`
`11. Absolute performed services, and supplied labor, oversight and materials for the Project
`
`pursuant to the Agreement in the sum of $180,376.45.
`
`3 of 10
`
`
`
`FILED: NASSAU COUNTY CLERK 10/02/2024 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 617415/2024
`
`RECEIVED NYSCEF: 10/02/2024
`
`12. Upon information and belief, the work, labor and services performed by Absolute and the
`
`materials furnished by it were performed and furnished toward the improvement of the
`
`Liened Property and toward the enhancement thereof.
`
`13. Upon information and belief, the work, labor and services performed by Absolute and the
`
`materials furnished by it were performed and furnished with the knowledge, consent, and
`
`acquiescence of Steven Matos and/or Ingrid Matos and were performed and furnished for
`
`the improvement of the Liened Property toward the enhancement thereof.
`
`14. That $79,000 has been paid by the Defendants prior to the filing of the Plaintiff’s lien,
`
`leaving a balance due and owing, prior to the filing of Plaintiff’s lien, in the sum of
`
`$101,376.45 for which sum the Plaintiff filed a mechanic’s lien as hereinafter alleged.
`
`15. That thereafter and on or about October 4, 2023, and within the statutory time for filing,
`
`Plaintiff filed or caused to be filed in the office of the Clerk of the County of Nassau a
`
`Notice of Mechanic’s Lien (the “Notice of Lien”) in writing as attached as Exhibit B,
`
`which did state among other things the name of the owner of the real property against
`
`whose interest therein a lien is claimed, the nature of such interest, the name of the person
`
`by whom the lienor was employed and to whom it furnished labor and materials and with
`
`whom the contract was made, the labor and materials furnished, the agreed price and
`
`value of the labor and materials furnished, the amount unpaid to the lienor for the labor
`
`and materials furnished, the date when the first items of labor and material were
`
`furnished, the date when the last items of labor and material were furnished, and a
`
`description of the property sufficient for identification.
`
`16. The Notice of Lien was duly docketed and recorded by the County of Nassau in reference
`
`No. ML 23000405 on October 4, 2023.
`
`4 of 10
`
`
`
`FILED: NASSAU COUNTY CLERK 10/02/2024 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 617415/2024
`
`RECEIVED NYSCEF: 10/02/2024
`
`17. On or about October 3, 2023, a true copy of the Notice of Lien was served upon
`
`Defendants as attested to in the affidavit attached hereto as Exhibit C.
`
`18. That no part of the Plaintiff’s lien has been paid, waived, canceled or discharged and that
`
`no proceedings either at law or in equity have ever been brought to recover any part of
`
`the said lien or claim upon which it is founded.
`
`19. That by reason of the foregoing, Plaintiff, by filing and causing the docketing of the
`
`Notice of Lien, acquired a good and valid lien upon the Liened Property to the extent of
`
`$101,376.45 together with interest from October 4, 2024.
`
`AS AND FOR A FIRST CAUSE OF ACTION
`(Lien Foreclosure)
`
`20. Plaintiff repeats, reiterates and realleges each and every allegation contained in
`
`paragraphs laced “1” through “19”, inclusive, as if the same were fully set forth herein at
`
`length.
`
`21. By reason of the foregoing, and by the filing and docketing of the Lien and the affidavit
`
`attesting to proof of service of the Lien, Plaintiff acquired a good, valid and subsisting
`
`lien against the Liened Property.
`
`22. That said Lien has not been paid, canceled or discharged of record.
`
`23. Upon information and belief no other persons, firms or corporations have or claim to
`
`have any liens against the Liened Property either by way of mortgage, judgment or
`
`otherwise, except the above mentioned defendants in this action, which filed liens,
`
`judgment and/or other encumbrances are subject and subordinate to the lien and claim of
`
`the plaintiff and/or are null and void.
`
`24. No other action or proceedings by Plaintiff has ever been brought to recover the claim of
`
`Plaintiff or any part thereof.
`
`5 of 10
`
`
`
`FILED: NASSAU COUNTY CLERK 10/02/2024 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 617415/2024
`
`RECEIVED NYSCEF: 10/02/2024
`
`25. That the Plaintiff has no adequate remedy at law.
`
`26. Accordingly, Plaintiff is entitled to judgment of the foreclosure of its Lien as against
`
`Defendants, and upon sale of the Liened Property, a judgment in an amount to be
`
`determined at trial, but not less than $101,376.45 plus interest from October 4, 2023,
`
`together with costs and disbursements.
`
`AS AND FOR A SECOND CAUSE OF ACTION
`(Breach of Contract)
`
`27. Plaintiff repeats, reiterates and realleges each and every allegation contained in
`
`paragraphs laced “1” through “26”, inclusive, as if the same were fully set forth herein at
`
`length.
`
`28. Pursuant to the terms of the Agreement, Plaintiff agreed to provide and furnish labor,
`
`services and materials with respect to the Project and did in fact provide such material,
`
`labor and services.
`
`29. Through the date of the Lien filing, the agreed value of the labor, services, and materials
`
`furnished by the Plaintiff was $180,376.45.
`
`30. Through the date of the Lien filing, the reasonable value of the labor, services, and
`
`materials furnished by the Plaintiff was $180,376.45.
`
`31. That Steven Matos and/or Ingrid Matos refused to pay the agreed to and reasonable value
`
`of the labor, services and materials furnished by the Plaintiff.
`
`32. Steven Matos terminated the Agreement for convenience.
`
`33. Defendants did not pay in accordance with the terms of the Agreement.
`
`34. Steven Matos and/or Ingrid Matos put a stop payment to check(s) issued by
`
`himself/herself.
`
`35. Plaintiff suffered consequential damages as a result of Defendants breach of the contract.
`
`6 of 10
`
`
`
`FILED: NASSAU COUNTY CLERK 10/02/2024 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 617415/2024
`
`RECEIVED NYSCEF: 10/02/2024
`
`36. Plaintiff suffered punitive damages as a result of Defendants actions or failure to act.
`
`37. Plaintiff suffered actual damages as a result of Defendants actions or failure to act.
`
`38. Plaintiff tried to settle the matter amicably out of court and made demands accordingly.
`
`39. Plaintiff suffered damages, which shall be calculated at a later time, not less than
`
`$101,376.45.
`
`AS AND FOR A THIRD CAUSE OF ACTION
`(Lien Law Article 3-A: Trust Fund Diversion)
`
`40. Plaintiff repeats, reiterates and realleges each and every allegation contained in
`
`paragraphs laced “1” through “31”, inclusive, as if the same were fully set forth herein at
`
`length.
`
`41. Article 3-A of the N.Y. Lien Law identifies sums received for construction work
`
`performed by others as trust assets to be held and applied for the payment of others.
`
`42. Upon information and belief, Steven Matos and/or Ingrid Matos received building loan
`
`proceeds from its lender, said loan proceeds constituting trust funds that were required to
`
`be used towards the Project as set forth in Article 3-A of the New York State Lien Law.
`
`43. Upon information and belief, Steven Matos and/or Ingrid Matos failed to pay said trust
`
`funds to the Plaintiff and instead diverted said trust funds to the detriment of the Plaintiff.
`
`44. Upon information and belief, Steven Matos and/or Ingrid Matos failed to maintain
`
`required accounting records reflecting the establishment of any trust fund for the
`
`protection of the suppliers, subcontractors, and contractors for the Project.
`
`45. Pursuant to Lien Law § 75, the trustee’s failure to keep the books and records required by
`
`that section is evidence that the trustee has applied or consented to the application of trust
`
`funds actually received by it as money for purposes other than a purpose for the trust as
`
`specified in Lien Law § 71.
`
`7 of 10
`
`
`
`FILED: NASSAU COUNTY CLERK 10/02/2024 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 617415/2024
`
`RECEIVED NYSCEF: 10/02/2024
`
`46. Lien Law § 79-a provides that any trustee of a trust arising under Lien Law Article 3-A,
`
`and any officer, director or agent of such trustee, who applies of consents to the
`
`application of trust funds received by the trustee for any purpose other than the trust
`
`purposes of that trust as defined in Lien Law § 71, is guilty of larceny and punishable as
`
`provided in the Penal Law.
`
`47. By operation of Article 3-A of the New York State Lien Law, Plaintiff is entitled to
`
`recover all statutory damages, including treble damages and attorneys’ fees, for the
`
`diversion of trust funds by Steven Matos and/or Ingrid Matos.
`
`48. That the amount in controversy exceeds the jurisdictional limits of all lower courts in
`
`which this action may have been brought.
`
`AS AND FOR A FOURTH CAUSE OF ACTION
`(Unjust Enrichment)
`
`49. Plaintiff repeats, reiterates and realleges each and every allegation contained in
`
`paragraphs laced “1” through “48”, inclusive, as if the same were fully set forth herein at
`
`length.
`
`50. Steven Matos and/or Ingrid Matos refused to pay for the Work completed by the Plaintiff.
`
`51. Because Steven Matos and/or Ingrid Matos refusal to pay for the work completed by the
`
`Plaintiff, Defendants have been unjustly enriched in the amount of not less than
`
`$101,376.45, all to the detriment of the Plaintiff.
`
`WHEREFORE, Plaintiff demands judgment in each of its causes of action enumerated
`
`above, together with such other and further relief as to this Court may seem just and proper, and
`
`the costs and disbursements of this action.
`
`Dated: Flushing, New York
`
`8 of 10
`
`
`
`FILED: NASSAU COUNTY CLERK 10/02/2024 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 617415/2024
`
`RECEIVED NYSCEF: 10/02/2024
`
`October 1, 2024
`
`LAW OFFICE OF RONG LIN, PLLC.
`Attorney for Plaintiff Absolute, Inc.
`13620 38th Ave, 10J
`Flushing, NY 11354
`(203) 215 2688
`.
`________________________________
`By: Gulay Ozdemir, Esq.
`
`9 of 10
`
`
`
`INDEX NO. 617415/2024
`FILED: NASSAU COUNTY CLERK 10/02/2024 12:19 PM
`
`NYSCEF DOC. NO. 1RECEIVED NYSCEF: 10/02/2024
`
`CORPORATF.VERAFICATION
`STATEOFNEWYORAC)
`Jas.:
`COUNTYOFNASS
`OnO:tobert.2024.beforemepersomellyappearedandpersonallyknowntomeor
`tomeknown.who.twme
`provedmmeottthebasisofsatisfactoryevidencetobeIlterScncr.
`dulysworn.diddeposeandmyth deqNndcraresidesanInighan,NewYork.thatthe
`andapa inthewithisaction:he
`
`inc..thcoorporationdespondentisthePresidentofAbsoluic.
`
`hasreadtheforegaingCompWntadknowthecontentsthereof.andthesameistruelohiumn
`andheliefandknow1cdge.exceptastothemanersdicreinstatedtobeallegeduponinformagion
`
`
`astothosenuanershebeticm1itmbeinn.
`
`Thegroundsoftheundersigned'sbeliefastoallmancrsretstatedupon11isown
`
`correspondenecandarisingskeptbyghecorptirmion
`knowledgeareasrolleus:deenments.
`
`Ilker Scacr
`Swornandsubscribedbeforemeenthis1stdayofOrsober,2024.
`
`10 of 10
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
