throbber
FILED: NEW YORK COUNTY CLERK 10/02/2017 08:31 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 656159/2017
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`RECEIVED NYSCEF: 10/02/2017
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`MARILYN JACOBS individually, and MARILYN
`JACOBS and MICHAEL JACOBS as TRUSTEES OF
`THE SHAYA JACOBS IRREVOCABLE TRUST and
`as TRUSTEES OF THE JACOBS FAMILY TRUST,
`and JOSHUA JACOBS d/b/a JFE,
`
`Plaintiffs,
`
`-against-
`
`APPLE BANK OF SAVINGS,
`
`Defendant.
`
`TO THE ABOVE NAMED DEFENDANT:
`
`Index No.
`
`Date Filed:
`October 2, 2017
`Summons
`Plaintiffs designate New York
`County as the place of trial.
`
`Basis of Venue: Plaintiff’s
`Residence
`
`Plaintiff(s) Residence: Michael
`Jacobs, 334 West 86th Street, Apt.
`6A, New York, NY 10024
`
` JURY TRIAL DEMANDED
`
`You are hereby summoned to serve upon plaintiff’s attorney an answer to the complaint
`in this action within twenty days after the service of this summons, exclusive of the day of service
`or within thirty days after service is complete if this summons is not personally delivered to you
`within the State of New York. In case of your failure to answer, judgment will be taken against you
`by default for the relief demanded in the complaint.
`
`Dated: New York, New York
`October 2, 2017
`
`BERENTHAL & ASSOCIATES, P.C.
`
`By:_______________________________
`James L. Berenthal, Esq.
`Attorneys for Plaintiff
`777 Third Avenue,
`Suite 22D
`New York, New York 10017
`(212) 302-9494
`
`To:
`
`Apple Bank of Savings
`122 East 42nd Street
`New York, NY 10168
`
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`FILED: NEW YORK COUNTY CLERK 10/02/2017 08:31 PM
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`INDEX NO. 656159/2017
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`RECEIVED NYSCEF: 10/02/2017
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`MARILYN JACOBS individually, and MARILYN JACOBS
`and MICHAEL JACOBS as TRUSTEES OF THE SHAYA
`JACOBS IRREVOCABLE TRUST and as TRUSTEES OF
`THE JACOBS FAMILY TRUST, and JOSHUA JACOBS
`d/b/a JFE,
`
`Plaintiffs,
`
`-against-
`
`APPLE BANK FOR SAVINGS,
`
`COMPLAINT
`
`INDEX NO.
`
`Defendant.
`
`Plaintiffs, MARILYN JACOBS individually, and MARILYN JACOBS and MICHAEL
`
`JACOBS as trustees of THE SHAYA JACOBS IRREVOCABLE TRUST and as trustees of THE
`
`JACOBS FAMILY TRUST (hereinafter “Jacobs Trust”), and JOSHUA JACOBS d/b/a JFE, by and
`
`through their attorneys, Berenthal & Associates, P.C., complaining of the Defendant, APPLE BANK
`
`FOR SAVINGS (hereinafter “Defendant” or “Apple Bank”), respectfully allege:
`
`INTRODUCTION
`
`1.
`
`Plaintiffs were damaged when monies were stolen from them through a Ponzi scheme
`
`that was carried out by an Apple Bank Vice President (V.P.) and manager within Apple Bank for
`
`over more than thirteen years. Supervision and compliance at Apple Bank were grossly inadequate,
`
`if not entirely absent. Throughout this time, the V.P. was given free rein to create forged documents,
`
`fictitious accounts and unauthorized transactions. Plaintiffs themselves finally uncovered the scheme
`
`and brought it to Apple Bank’s attention. This lawsuit is necessary because, despite repeated
`
`requests, Apple Bank has failed and refused to provide full disclosure of the details of the scheme
`
`and to make Plaintiffs whole for their losses.
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`FILED: NEW YORK COUNTY CLERK 10/02/2017 08:31 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 656159/2017
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`RECEIVED NYSCEF: 10/02/2017
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`THE PARTIES
`
`2.
`
`At all times hereinafter mentioned plaintiff, Marilyn Jacobs was and is a natural
`
`person with an address at 1441-48th Street, Brooklyn, NY 11219.
`
`3.
`
`At all times hereinafter mentioned plaintiff, Michael Jacobs was and is a natural
`
`person with an address at 334 West 86th Street, Apt. 6A, New York, NY 10024.
`
`4.
`
`At all times hereinafter mentioned plaintiff, Joshua Jacobs was and is a natural person
`
`with an address at 17 Highland Drive, South Fallsburg, NY 12779 and does business under the name
`
`JFE.
`
`5.
`
`At all times hereinafter mentioned plaintiff, the Shaya Jacobs Irrevocable Trust
`
`(hereinafter the “Shaya Trust”), was and still is a trust, duly organized and existing under and by
`
`virtue of the laws of the State of New York.
`
`6.
`
`At all times hereinafter mentioned plaintiff, the Jacobs Family Trust (hereinafter the
`
`“Jacobs Trust”), was and still is a trust, duly organized and existing under and by virtue of the laws
`
`of the State of New York.
`
`7.
`
`At all times hereinafter mentioned Marilyn Jacobs and Michael Jacobs were the
`
`trustees of the Shaya Trust.
`
`8.
`
`At all times hereinafter mentioned, until September 2003, Michael Jacobs and
`
`Alexander Jacobs were the trustees of the Jacobs Trust. In September 2003, after the death of
`
`Alexander Jacobs, mentioned Marilyn Jacobs and Michael Jacobs were the trustees of the Jacobs
`
`Trust.
`
`9.
`
`At all times hereinafter mentioned Defendant, Apple Bank, was and is a domestic
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`INDEX NO. 656159/2017
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`corporation formed and existing under the laws of the State of New York.
`
`10.
`
`At all time hereinafter mentioned, Defendant, Apple Bank was and is a Mortgage
`
`Exempt Loan Services and Savings Bank, licensed and existing under the laws of the State of New
`
`York.
`
`11.
`
`At all times hereinafter mentioned Apple Bank maintained an office at 122 East 42nd
`
`Street, New York, New York, located in New York County, City and State of New York.
`
`12.
`
`At all times hereinafter mentioned, Defendant Apple Bank maintained its principal
`
`place of business in New York County, City and State of New York.
`
`VENUE AND JURISDICTION
`
`13.
`
`Venue is proper pursuant to C.P.L.R. §503 as Michael Jacobs is a resident of New
`
`York County and the Defendant’s principal place of business is in New York County.
`
`14.
`
`Jurisdiction is proper as the amount in controversy exceeds $25,000.00 for each
`
`plaintiff.
`
`ALLEGATIONS RELEVANT TO ALL CAUSES OF ACTION
`
`15.
`
`At all times hereinafter Mentioned, Apple Bank operated a branch at 4519 13th
`
`Avenue, Brooklyn, New York.
`
`16.
`
`At all times hereinafter mentioned Apple Bank employed Michael Benenfeld
`
`(hereinafter “Benenfeld”) as a Vice President and manager at its 4519 13th Avenue, Brooklyn, New
`
`York location.
`
`17.
`
`In or around 2001, Benenfeld, in his capacity as V.P. at Apple Bank, approached
`
`Joshua Jacobs, Marilyn Jacobs and Alexander Jacobs and recommended that they open one or more
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`NYSCEF DOC. NO. 1
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`INDEX NO. 656159/2017
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`RECEIVED NYSCEF: 10/02/2017
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`accounts at Apple Bank for themselves, and that Marilyn Jacobs open one or more account at Apple
`
`Bank for the Shaya Trust and that Alexander Jacobs open an account at Apple Bank for the Jacobs
`
`Trust. Benenfeld represented that he would act as Apple Bank’s liaison to Marilyn Jacobs and
`
`Joshua Jacobs for their banking needs.
`
`18.
`
`Thereafter, in response to Benenfeld’s recommendation, and in reliance on his
`
`representations, Marilyn Jacobs opened a savings account at Apple Bank for herself, individually,
`
`and for the Shaya Trust. Alexander Jacobs, in reliance on Benenfeld’s representations, together with
`
`Michael Jacobs, opened a savings account at Apple Bank for the Jacobs Trust.
`
`19.
`
`Plaintiff Marilyn Jacobs and her late husband purposely chose not to place their
`
`money into investment accounts. Instead, they chose to use regular savings accounts, where they
`
`reasonably expected to have the greatest degree of safety for their money. That is why they chose
`
`Apple Bank.
`
`20.
`
`On or about 2002, Joshua Jacobs opened an account for his business, JFE, at Apple
`
`Bank.
`
`21.
`
`Beginning in 2001 Marilyn Jacobs, and her late husband deposited millions of dollars
`
`into her account, and the Shaya Trust and the Jacobs Trust accounts at Apple Bank.
`
`22.
`
`In response to Benenfeld’s recommendation, and in reliance on his representations,
`
`Joshua Jacobs opened an account at Apple Bank for his business, JFE.
`
`23.
`
`Beginning in 2002, Joshua Jacobs deposited hundred of thousands of dollars in his
`
`account at Apple Bank.
`
`24.
`
`Thereafter, Benenfeld, in his capacity as a V.P. at Apple Bank, insisted that all
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`transactions for each of the Plaintiffs’ accounts be processed through him.
`
`25.
`
`Plaintiffs learned on and after March, 2016 that millions of their money had been
`
`stolen by Apple Bank, which actually profited from Benenfeld’s Ponzi scheme. Unbeknownst to
`
`Plaintiffs, Apple Bank and Benenfeld created high interest loans purportedly made to various
`
`Plaintiffs, but which were never authorized and from which Plaintiffs received no benefit, and then
`
`used moneys stolen from Plaintiffs’ accounts to make interest payments to Apple Bank. Other
`
`moneys stolen from Plaintiffs were used to hide theft from still other accounts. Plaintiffs were also
`
`cheated out of interest payments that should have been made to them on moneys they deposited into
`
`their accounts at Apple Bank.
`
`26.
`
`At all relevant times, Apple Bank ratified and reinforced Benenfeld’s role and
`
`position as the sole Apple Bank representative to be involved in Defendant’s dealings with Plaintiffs.
`
`27.
`
`Through Benenfeld, Apple Bank provided additional services to Plaintiffs including
`
`that of receiving deposits outside of bank premises, delivering cash and documents to Plaintiffs’
`
`homes and providing a single source for any questions about Plaintiffs’ accounts.
`
`28.
`
`Through its actions, Defendant encouraged Plaintiffs to repose trust and confidence
`
`in Apple Bank. Plaintiffs accepted Apple Bank’s overtures and did repose trust and confidence in
`
`Apple Bank.
`
`29.
`
`Through Benenfeld, Apple Bank assumed control and responsibility over Plaintiffs’
`
`money and their financial operations. Plaintiffs placed special trust and confidence in Apple Bank,
`
`giving it a degree of control and influence which they would never otherwise have agreed to. As a
`
`result of the trust they reposed in Apple Bank, Plaintiffs became dependent upon the bank.
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`RECEIVED NYSCEF: 10/02/2017
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`30.
`
`In reliance on that trust and confidence, Plaintiffs provided millions of dollars to
`
`Apple Bank for deposit into their accounts at Apple Bank.
`
`31.
`
`In addition to making deposits at Apple Bank, in 2006 Benenfeld convinced Marilyn
`
`Jacobs to obtain a $200,000 loan from Apple Bank despite the fact that she was not in need of a loan.
`
`Although the proceeds of the loan were supposed to be deposited into Marilyn Jacobs’ account, they
`
`in fact were not deposited into her accounts. Upon information and belief, the loan proceeds were
`
`commingled with the proceeds of some of the many unauthorized transactions executed by
`
`Benenfeld.
`
`32.
`
`Throughout the many years of Plaintiffs’ relationship with Apple Bank, Defendant
`
`never caused any supervisor of Benenfeld nor any other person to communicate with Plaintiffs about
`
`Benenfeld’s conduct or about any matter of substance relating to their accounts. To the contrary,
`
`when Plaintiffs made inquiries to bank employees other than Benenfeld, they were routinely routed
`
`back to Benenfeld.
`
`33.
`
`Plaintiffs have subsequently learned that, unbeknownst to the Plaintiffs and without
`
`their authorization, Benenfeld, using his position as V.P., opened a number of accounts at Apple
`
`Bank and received the proceeds of a number of loans that purported to be for the benefit of one or
`
`more Plaintiffs.
`
`34.
`
`Thereafter, Apple Bank through Benenfeld, made numerous unauthorized transfers
`
`into and out of Plaintiffs’ accounts or accounts opened in the names of one or more Plaintiffs.
`
`35.
`
`In order to accomplish these unauthorized transfers, Benenfeld used a number of
`
`tactics, including repeatedly forging Joshua Jacobs and/or Marilyn Jacobs’ signature on various
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`documents, such as deposit slips and withdrawal slips, and used forged documents to transfer money
`
`from Plaintiffs’ accounts, without authorization.
`
`36.
`
`Upon information and belief, Benenfeld also forged Marilyn Jacobs’ signature to open
`
`credit lines and other loan documents in order to create loan accounts in Marilyn Jacobs’s name, and
`
`in the name of the Shaya Trust and Jacobs Trust, without authorization.
`
`37.
`
`Plaintiffs have also subsequently learned that Benenfeld, as V.P. of Apple Bank,
`
`would move monies between these and other accounts without authorization, and upon information
`
`and belief, would also transfer monies from these accounts into accounts that were either owned by,
`
`or controlled by Benenfeld, all without Plaintiffs’ authorization.
`
`38.
`
`Plaintiffs have in addition learned subsequently that Benenfeld, through the authority
`
`granted to him as V.P. of Apple Bank, would withdraw funds from Plaintiffs’ accounts, then open
`
`up credit lines or loan accounts in the name of one or more Plaintiffs and use the funds from such
`
`credit lines or loans to temporarily replenish some of the monies withdrawn from Plaintiffs’ account.
`
`39.
`
`Plaintiffs have also subsequently learned that over the many years of their relationship
`
`with Apple Bank, Defendant used and allowed Benenfeld to use funds that were deposited by
`
`Plaintiffs to make supposed interest payments to Apple Bank upon the many phantom and fraudulent
`
`loans that Benenfeld created in order to conceal his actions from Plaintiffs.
`
`40.
`
`At all relevant times, Apple Bank allowed Benenfeld to maintain his control over
`
`Plaintiffs’ accounts by instructing, or allowing Benenfeld to instruct, other Apple Bank employees
`
`that Benenfeld was the only person authorized to deal with Marilyn Jacobs or JFE, and that they were
`
`not to provide her with any information if Benenfeld was not present when Plaintiffs made inquiries
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`regarding their accounts.
`
`41.
`
`Throughout the many years that Plaintiffs maintained banking relationships with
`
`Apple Bank, they placed their full confidence and trust in Apple Bank. As a result, Plaintiffs
`
`reasonably relied on Apple Bank’s superior knowledge in the management of their moneys and their
`
`accounts. That trust, which was cultivated, encouraged and promoted by Apple Bank, gave the bank
`
`influence over Plaintiffs.
`
`42.
`
`Plaintiffs relied on the trust that Apple Bank created and cultivated and entrusted
`
`millions of dollars to Apple Bank. This resulted in dependency on the part of Plaintiffs and in Apple
`
`Bank having superiority and advantage in its dealings with Plaintiffs.
`
`43.
`
`Because Apple Bank created this relationship of dependency on the part of Plaintiffs,
`
`it was at all relevant times a fiduciary of Plaintiffs and owes a legal obligation as such to Plaintiffs.
`
`44.
`
`In effect, the actions of Apple Bank, through Benenfeld, acting alone or together with
`
`other unknown persons, amounted to a “Ponzi scheme” run entirely within Apple Bank and using
`
`the personnel, offices and resources of Apple Bank.
`
`45.
`
`Apple Bank treated, and allowed its V.P. Benenfeld to treat, Plaintiffs’ accounts and
`
`money deposited by Plaintiffs as if the moneys and accounts belonged to Apple Bank itself. This
`
`included numerous circumstances where Apple Bank allowed V.P. Benenfeld to create accounts in
`
`Plaintiffs’ name and direct that the statements for such accounts be sent to Apple Bank itself.
`
`46.
`
`As a result of the many fraudulent and unauthorized transactions executed by Apple
`
`Bank and Benenfeld, including fraudulent interest charges and withdrawals, and as a result of the
`
`commingling of these transactions with legitimate transactions by Plaintiffs, Defendant Apple Bank
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`possesses superior information about the true balance of Plaintiffs’ funds at Apple Bank.
`
`AS AND FOR A FIRST CAUSE OF ACTION
`(ACCOUNTING)
`
`47.
`
`Plaintiffs repeat and reallege each and every allegation set forth in Paragraphs 1
`
`through 46 of the Complaint inclusive, with the same force and effect as if set forth at length herein.
`
`48.
`
`As a result of the conduct of Apple Bank and its agent Benenfeld described above,
`
`Apple Bank occupied a position of trust beyond the existence of the bare relationship of principal
`
`and agent or bank and depositor and became a fiduciary obligated to account to Plaintiffs.
`
`49.
`
`Plaintiffs relied on that relationship and entrusted money and property to Apple Bank,
`
`which accepted Plaintiffs’ trust. Apple Bank controlled all aspects of Plaintiffs’ money and finances
`
`and as a result accepted the fiduciary duty and responsibility to take care of Plaintiffs’ affairs with
`
`care, diligence and the upmost loyalty, fidelity, and integrity.
`
`50.
`
`Plaintiffs have been placed in a position of dependency upon Apple Bank and have
`
`no adequate remedy at law.
`
`51.
`
`Plaintiffs have demanded an accounting from Apple Bank for all funds deposited into
`
`Apple Bank by Plaintiffs, including all deposit or loan accounts purportedly opened for Plaintiffs by
`
`Apple Bank or Benenfeld, for all purported “interest” payments charged by Apple Bank in
`
`connection with any purported loan, and for all transactions in any such accounts.
`
`52.
`
`Despite demand, Apple Bank has refused to provide an accounting of all such
`
`accounts, charges and transactions, and has instead provided only selected information and only for
`
`accounts and transactions that Plaintiffs themselves have managed to identify. In effect, Apple Bank
`
`has attempted to place the burden on Plaintiffs to identify and trace all of Apple Bank and
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`Benenfeld’s wrongful withdrawals, charges and other improper transactions.
`
`53.
`
`The totality of the information required for an accounting is solely within Apple
`
`Bank’s possession.
`
`54.
`
`Plaintiffs demand a full accounting for all accounts opened on behalf of each of the
`
`Plaintiffs, and for the funds deposited into such accounts, including all accounts opened by Apple
`
`Bank or Benenfeld purportedly for the benefit of any of the Plaintiffs as well as any amounts
`
`purportedly expended from any of Plaintiffs’ accounts, including any “interest” or other charges
`
`imposed upon any purported loan to any of the Plaintiffs.
`
`AS AND FOR A SECOND CAUSE OF ACTION
`(BREACH OF FIDUCIARY DUTY)
`
`55.
`
`Plaintiffs repeat and reallege each and every allegation set forth in Paragraphs 1
`
`through 54 of the Complaint inclusive, with the same force and effect as if set forth at length herein
`
`56.
`
`As a result of the foregoing, Apple Bank owed a fiduciary obligation and fiduciary
`
`duties to Plaintiffs.
`
`57.
`
`Through the conduct described above, Apple Bank abused its fiduciary relationship
`
`with Plaintiffs and breached its fiduciary duties to Plaintiffs.
`
`58.
`
`As a result of the foregoing, the Plaintiffs have been damaged in an amount to be
`
`determined at trial but no less than $1,000,000.00.
`
`AS AND FOR A THIRD CAUSE OF ACTION
`(FRAUD)
`
`59.
`
`Plaintiffs repeat and reallege each and every allegation set forth in Paragraphs 1
`
`through 58 of the Complaint, with the same force and effect as if set forth at length herein.
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`60.
`
`As a fiduciary, Apple Bank had a duty to disclose material information to Plaintiffs,
`
`including the fact Apple Bank’s Benenfeld was engaged in the creation of fraudulent accounts and
`
`unauthorized transactions designed to steal funds from Plaintiffs.
`
`61.
`
`At all times referenced, Defendant was either aware of Benenfeld ’s actions or should
`
`have known of his actions.
`
`62.
`
`63.
`
`Defendant failed to properly supervise Benenfeld.
`
`Defendant failed to properly to review Plaintiff’s accounts and failed to ensure that
`
`only legitimate transactions be recorded in Plaintiffs’ accounts.
`
`64.
`
`Defendant failed to establish adequate procedures and safeguard to prevent
`
`Benenfeld’s conduct.
`
`65.
`
`Despite its fiduciary relationship and obligations to Plaintiffs, Apple Bank failed to
`
`disclose these facts to Plaintiffs.
`
`66.
`
`Apple Bank, through its agent and bank V.P., Benenfeld had the intent to and did
`
`deceive Plaintiffs.
`
`67.
`
`68.
`
`69.
`
`Defendant’s actions, and failure to take proper action to aided Benenfeld’s fraud.
`
`Apple Bank’s actions constituted a fraud on the Plaintiffs.
`
`As a result of the foregoing, the Plaintiffs have been damaged in an amount to be
`
`determined at trial but no less than $1,000,000.00.
`
`AS AND FOR A FOURTH CAUSE OF ACTION
`(CONVERSION)
`
`70.
`
`Plaintiffs repeat and reallege each and every allegation set forth in Paragraphs 1
`
`through 69 of the Complaint, with the same force and effect as if set forth at length herein.
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`71.
`
`Defendant’s withdrawal of the monies from the Plaintiffs’ various accounts without
`
`authorization was unlawful.
`
`72.
`
`73.
`
`Defendants have failed to account for and return all the monies to Plaintiffs.
`
`As a result of the foregoing, the Plaintiffs have been damaged in an amount to be
`
`determined at trial but no less than $1,000,000.00.
`
`AS AND FOR A FIFTH CAUSE OF ACTION
`(PUNITIVE DAMAGES)
`
`74.
`
`Plaintiffs repeat and reallege each and every allegation set forth in Paragraphs 1
`
`through 73 of the Complaint, with the same force and effect as if set forth at length herein.
`
`75.
`
`Defendant committed egregious tortious conduct by failing to supervise Benenfeld,
`
`by failing to review the accounts created for Plaintiffs, by failing to establish adequate procedures
`
`and safeguard to prevent Benenfeld’s conduct and by failing to take appropriate action against
`
`Benenfeld.
`
`76.
`
`Defendant has failed to come forward and publically disclose those tortious acts
`
`performed by Benenfeld in his capacity as V.P. at Apple Bank.
`
`77.
`
`Defendant has failed to fully disclose the accounts and account holders that were
`
`affected.
`
`78.
`
`Upon information and belief, Plaintiffs are not the only parties who were affected by
`
`Benenfeld’s tortious conduct, but rather there are multiple members of the public who were affected
`
`over the course of at least five years.
`
`79. Wherefore, the Defendant’s conduct through Benenfeld, and subsequent failure to
`
`voluntarily report and correct such conduct subjects the Defendant to punitive damages in an amount
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`to be determined at trial but no less than $5,000,000.00 per Plaintiff.
`
`JURY DEMAND
`
`80.
`
`Plaintiffs respectfully request a trial by jury.
`
`WHEREFORE, the plaintiffs, Marilyn Jacobs individually, Marilyn Jacobs and Michael
`
`Jacobs as trustees of the Shaya Jacobs irrevocable Trust and as trustees of the Jacobs Family Trust,
`
`and Joshua Jacobs d/b/a JFE demand judgment against the Defendant on the First, Second, Third
`
`and Fourth causes of action in an amount to be determined at trial but which Plaintiffs believe is in
`
`excess of $1,000,000, with interest thereon from November 16, 2001, and on Plaintiffs’ Fifth Cause
`
`of action, punitive damages in amount to be determined at trial but no less than $5,000,000.00 per
`
`Plaintiff, together with such other and further relief as this Court deems just and proper in the
`
`premises.
`
`Dated: New York, New York
` October 2, 2017
`
`Respectfully submitted,
`
`BERENTHAL & ASSOCIATES, P.C.
`
`RODRIGUEZ, TRAMONT & NUÑEZ, P.A.
`
`By:_______________________________
`James L. Berenthal, Esq.
`Attorneys for Plaintiff
`777 Third Avenue,
`Suite 22D
`New York, New York 10017
`(212) 302-9494
`
`By: /Andrew V Tramont/
`Andrew V Tramont, Esq.
`Attorneys for Plaintiff
`777 Third Avenue
`Suite 22D
`New York, New York 10017
`(305) 350-2300
`
`-13-
`
`14 of 15
`
`

`

`FILED: NEW YORK COUNTY CLERK 10/02/2017 08:31 PM
`Berenthal & Associates, P.C.
`NYSCEF DOC. NO. 1
`
`INDEX NO. 656159/2017
`
`RECEIVED NYSCEF: 10/02/2017
`
`INDEX NO.:
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`MARILYN JACOBS individually, and MARILYN JACOBS and MICHAEL JACOBS as
`TRUSTEES OF THE SHAYA JACOBS IRREVOCABLE TRUST and as TRUSTEES OF
`THE JACOBS FAMILY TRUST, and JOSHUA JACOBS d/b/a JFE,
`
`Plaintiffs,
`
`APPLE BANK OF SAVINGS
`
`-v -
`
`Defendant.
`
`SUMMONS AND COMPLAINT
`Berenthal & Associates, P.C.
`Attorneys for Plaintiffs
`
`OFFICE AND POST OFFICE ADDRESS, AND TELEPHONE No.
`
`777 Third Avenue
`Suite 22-D
`New York, New York 10017-1401
`(212) 302-9494
`Signature (Rule 130-1.1-a)
`
`_____________________________________
`
`To : Apple Bank for Savings
`122 East 42nd Street, New York, NY 10168
`Attorney(s) for :
`
`Service of a copy of the within is hereby admitted:
`
`
`
`
`/
`Date
`
`Print Name:______________________________________
`
`Attorney(s) for: ___________________________________
`
`Served by:
`G U.S. Mail
`
`G Overnight Delivery
`
`G Hand
`
`15 of 15
`
`

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