FILED: ROCKLAND COUNTY CLERK 04/19/2022 02:30 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 030169/2022
`
`RECEIVED NYSCEF: 04/19/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ROCKLAND
`
`SAVAD CHURGIN, ATTORNEYS AT LAW,
`
`Index No. 03 0169/2022
`
`- against -
`
`Affidavit of Service (Complaint)
`
`Plaintiff,
`
`BENJAMIN SHERR A/K/A BRUCE SHERR,
`
`Defendant.
`———..———————————————————x
`STATE OF NEW YORK, COUNTY OF ROCKLAND:
`
`JOSEPH A. CHURGIN, being duly sworn says: I am over 18 years of age and reside in
`Montebello, New York.
`
`On February 22, 2022, a tme copy of the plaintiffs Verified Complaint was served upon the
`defendant via ECF and by mailing the same in a sealed envelope, with postage paid thereon,
`in a post-office or official depository of the U.S. Postal Service within the State of New York,
`addressed to the last known addressee(s) as indicated below to:
`
`To: Benjamin Sherr a/k/a Bruce Sherr
`5 Hayes Court
`Stony Point, NY 10980
`
`Sworn to before me this
`24th^'ofT^bm^y, 2022
`^
`
`"Mntflijy Piihli'p
`MARIANACOTTER
`N0TAW PUBLIC, STATE OF NEW YORK
`registration No. 01C06424197
`©uallfled in Rockland County
`^pmnTJssion Expires October 25,'2025
`
`JOSEPH ^.CHURGIN
`
`1 of 11
`
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`NYSCEF DOC. NO. 7
`
`INDEX NO. 030169/2022
`
`RECEIVED NYSCEF: 04/19/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ROCKLAND
`
`SAVAD CHURGIN, ATTORNEYS AT LAW,
`
`Index No. 03 0169/2022
`
`- against -
`
`Affidavit of Service (Complaint)
`
`Plaintiff,
`
`BENJAMIN SHERR A/K/A BRUCE SHERR,
`
`Defendant.
`———..———————————————————x
`STATE OF NEW YORK, COUNTY OF ROCKLAND:
`
`JOSEPH A. CHURGIN, being duly sworn says: I am over 18 years of age and reside in
`Montebello, New York.
`
`On February 22, 2022, a tme copy of the plaintiffs Verified Complaint was served upon the
`defendant via ECF and by mailing the same in a sealed envelope, with postage paid thereon,
`in a post-office or official depository of the U.S. Postal Service within the State of New York,
`addressed to the last known addressee(s) as indicated below to:
`
`To: Benjamin Sherr a/k/a Bruce Sherr
`5 Hayes Court
`Stony Point, NY 10980
`
`Sworn to before me this
`24th^'ofT^bm^y, 2022
`^
`
`"Mntflijy Piihli'p
`MARIANACOTTER
`N0TAW PUBLIC, STATE OF NEW YORK
`registration No. 01C06424197
`©uallfled in Rockland County
`^pmnTJssion Expires October 25,'2025
`
`JOSEPH ^.CHURGIN
`
`1 of 11
`
`
`
`FILED: ROCKLAND COUNTY CLERK 04/19/2022 02:30 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 030169/2022
`
`RECEIVED NYSCEF: 04/19/2022
`
`SAVAD CHURGIN
`ATTORNEYS AT LAW
`
`55 OLD TURNPIKE ROAD - SUITE 209
`(Rt. 59 & THRUWAY EXIT 14)
`NANUET, NEW YORK 10954
`
`(845) 624-3820
`Fax: (845) 624.3821
`
`Paul Savad (1941.2020)
`Joseph A. Churqjn
`
`Of Counsel:
`Susan Cooper
`Donna Sobel
`
`February 22, 2022
`
`Benjamin Sherr a/k/a Bruce Sherr
`5 Hayes Court
`Stony Point, NY 10980
`
`RE: Savad Churgin, Attorneys at Law v. Benjamin Sherr a/k/a Bruce Sherr
`Rockland County Index No. 030169/2022
`
`Dear Mr. Sherr:
`
`Enclosed please find a copy of the Verified Complaint electronically filed with
`the Court on February 22, 2022.
`
`Very truly yours,
`
`ic7—<Z^?^IS3—^-
`
`•>7-<-
`
`JOSEPH A. CHURGIN
`JAC/mc
`enc.
`
`2 of 11
`
`
`
`FILED: ROCKLAND COUNTY CLERK 04/19/2022 02:30 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 030169/2022
`
`RECEIVED NYSCEF: 04/19/2022
`
`/^ff^, NYSCEF Confirmation Notice
`1181^ Rockland County Supreme Court
`
`The NYSCEF website has received an electronic filing on 02/22/2022 04:55 PM. Please keep this notice
`as a confirmation of this filing.
`
`030169/2022
`SAVAD CHURGIN ATTORNEYS AT LAW v. BENJAMIN SHERR AKA et al
`Assigned Judge: None Recorded
`
`Documents Received on 02/22/2022 04:55 PM
`
`Doc # Document Type
`4 COMPLAINT
`
`Filing User
`
`Joseph Churgin | j.churgin@savadchurgin.com | (845) 624-3820
`55 Old Turnpike Rd., Suite 209,Nanuet, NY 10954
`
`E-mail Notifications
`
`An email regarding this filing has been sent to the following on 02/22/2022 04:55 PM:
`
`Joseph Churgin -j.chur9in@savadchurgin.com
`Bruce Sherr- benjamin@uspowergroupinc.com
`
`Donna G. Silberman, silbermd@co.rockland.ny.us
`Phone: 845-638-5094 Fax: 845-638-5221 Website: http://rocklandgov.com/departments/clerks-office/
`
`NYSCEF Resource Center, nyscef@nycourts.gov
`Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efite
`
`Page 1 of 1
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`3 of 11
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`
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`FILED: ROCKLAND COUNTY CLERK 04/19/2022 02:30 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 030169/2022
`
`RECEIVED NYSCEF: 04/19/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ROCKLAND
`
`Index No. 030169/2022
`
`SAVAD CHURGIN, ATTORNEYS AT LAW
`
`Plaintiff
`
`VERIFIED COMPLAINT
`
`- against -
`
`BENJAMIN SHERR a/k/a BRUCE SHERR
`
`Defendant.
`
`—————„-—.——-—————.-.—-„————x
`
`Plaintiff, SAVAD CHURGIN, Attorneys at Law, does hereby set forth the following
`
`as and for its Verified Complaint:
`
`1. SAVAD CHURGIN ("ptaintiff') is a duly constituted law firm for the practice
`
`of law with its principal office located in the County of Rockland, State of New York.
`
`2. Plaintiff is engaged in the practice of law in the State of New York.
`
`3. Upon information and belief, defendant BENJAMIN SHERR a/k/a BRUCE
`
`SHERR is a resident of the County of Rockland.
`
`4. At the specific request of Mr. Sherr, the plaintiff performed legal services
`
`commencing from on or before December 16, 2020 through on or about November 5,
`
`2021, regarding Mr. Sherr's real estate issues and business disputes in the States of
`
`New York and Maryland; the lawsuit commenced on January 8, 2021 on behalf of Mr.
`
`Sherr in the Rockland County Supreme Court, captioned B&H VENTURES LLC and
`
`BENJAMIN SHERR aka BRUCE SHERR, individually and derivatively on behalf of B&H
`
`VENTURES LLC v. Benjmain Eidliesz under Index No. 030100/2021; and to represent
`
`1
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`4 of 11
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`FILED: ROCKLAND COUNTY CLERK 04/19/2022 02:30 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 030169/2022
`
`RECEIVED NYSCEF: 04/19/2022
`
`Mr. Sherr in two related Rockland County Supreme Court actions in which Mr. Sherr
`
`was a named defendant, captioned /saac Schwimmer v. B&H Ventures LLC et al., Index
`
`No. 030804/2021; and Zachary Liebman v. B&H Ventures LLC et al., Index No.
`
`032824/2021.
`
`5. On or about August 16,2021, Mr. Sherr made a credit card payment of
`
`$15,000 toward his then past due balance.
`
`6. On November 1, 2021, Savad Churgin sent Sherr a letter stating that due
`
`to the fact that the legal fee balance was in excess of $50,000, and due to a breakdown
`
`of the attorney/client relationship, it would be moving to be relieved as counsel.
`
`7. On or about November 3, 2021, Sherr reversed the charges on the August
`
`16, 2021 credit card payment claiming falsely that "goods/sen/ices were cancelled",
`
`despite the fact that legal sen/ices had been provided months before.
`
`8. On or about November 5, 2021, Savad Churgin filed a motion to be
`
`relieved as counsel with the New York Supreme Court, Rockland County in each of the
`
`three above referenced actions, due to a breakdown of the attorney-client relationship
`
`between Savad Churgin and the Sherr. This breakdown occurred with respect to both
`
`the substance of our representation as well as the failure of Mr. Sherr to timely pay legal
`
`fees, making it impossible to provide effective counsel.
`
`9. At a hearing on November 22, 2021, the Hon. Sherri L. Eisenpress, JSC,
`
`granted Savad Churgin's motions relieving Savad Churgin as counsel for Mr. Sherr in
`
`each of the three above referenced actions.
`
`2
`
`5 of 11
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`
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`FILED: ROCKLAND COUNTY CLERK 04/19/2022 02:30 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 030169/2022
`
`RECEIVED NYSCEF: 04/19/2022
`
`10. The plaintiff agreed to charge legal fees, and Mr. Sherr agreed to pay
`
`legal fees at the rate of $450 per hour for the sen/ices of Joseph A. Churgin, Esq., and
`
`$400 per hour for the services of the firm's associates, pursuant to a written executed
`
`retainer agreement dated December 16, 2020.
`
`11. Defendant agreed to reimburse the plaintiff for all customary costs,
`
`charges, disbursements, and filing fees incurred in connection with the performance of
`
`legal services for the defendant.
`
`12. Plaintiff performed the aforesaid services, which services were accepted
`
`by the defendant, without any objection or comment.
`
`13. Prior to the commencement of this case, Plaintiff complied in alt respects
`
`with the provisions of Part 137 of the Rules of the ChiefAdministratorofNewYork
`
`Courts.
`
`AS AND FOR A FIRST CAUSE OF ACTION
`
`14. The plaintiff and defendant had duly entered into an agreement, whereby
`
`the plaintiff would render the services as aforesaid.
`
`15. The services rendered by the plaintiff consist of no less than 284 hours at
`
`an hourly charge of $450 for the services of Joseph Churgin and $400 for the services
`
`of the law firm's Associates, for total legal fees due and owing by the defendant to the
`
`plaintiff in the sum of $116,175.
`
`16. The disbursements incurred in respect to the performance of the foregoing
`
`legal services total $3,770.84.
`
`3
`
`6 of 11
`
`
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`FILED: ROCKLAND COUNTY CLERK 04/19/2022 02:30 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 030169/2022
`
`RECEIVED NYSCEF: 04/19/2022
`
`17. By reason of the rendering of services pursuant to the agreement between
`
`plaintiff and defendant, the defendant is justly indebted to the plaintiff in the sum of
`
`$119,945.84, less a credit of $8,450, the sum $30,109.92 paid on account toward billing
`
`for legal services, and the sum $9.31.08 paid on account toward expenses, leaving a
`
`balance due and owing in the sum of $80,454.84, together with interest at the legal
`
`rated fixed by the New York CPLR, from August 5, 2021.
`
`AS AND FOR A SECOND CAUSE OF ACTION
`
`18. The fair and reasonable value of the services rendered by the plaintiff is
`
`duly, regularly, and reasonably calculated at the rate of $400 - $450 per hour.
`
`19. The hourly legal rate of $400 - $450 per hour is fair, reasonable, and
`
`generally charged by attorneys performing the same or similar services in the County
`
`of Rockland, and the metropolitan area.
`
`20. The plaintiff charged the defendants the fair and reasonable value of the
`
`services rendered by plaintiff to defendants, as aforesaid, plus actual out-of-pocket
`
`disbursements.
`
`21. The total fair and reasonable value of the legal services, costs, charges,
`
`disbursements, and filing fees to which the defendant is justly indebted to the plaintiff
`
`for the unpaid balance in the sum of $80,454.84.
`
`4
`
`7 of 11
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`
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`FILED: ROCKLAND COUNTY CLERK 04/19/2022 02:30 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 030169/2022
`
`RECEIVED NYSCEF: 04/19/2022
`
`AS AND FOR A THIRD CAUSE OF ACTION
`
`22. During the period of the performance of services by the plaintiff to the
`
`defendant, the plaintiff rendered bills from time to time to the defendant.
`
`23. During said period of time, as aforesaid, the defendant accepted said bills,
`
`without any complaint or objection thereto as to the nature and extent of the legal
`
`services performed, and the charges incurred.
`
`24. During the period, as aforesaid, the defendant from time to time reaffirmed
`
`his agreement to pay the legal fees, as aforesaid, and requested that the plaintiff
`
`continue to perform services.
`
`25. By reason of the foregoing, as Account Stated has been established by
`
`and between the plaintiff and the defendant in the sum of $80,454.84, together with
`
`interest from August 5, 2021.
`
`WHEREFORE, plaintiff demands judgment as follows:
`
`A. On the First Cause of Action for breach of contract in the sum of
`
`$80,454.84;
`
`B. On the Second Cause of Action for the fair and reasonable value of the
`
`legal services and disbursements in the sum of $80,454.84;
`
`C. On the Third Cause of Action for an Account Stated in the sum of
`
`$80,454.84;
`
`5
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`8 of 11
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`FILED: ROCKLAND COUNTY CLERK 04/19/2022 02:30 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 030169/2022
`
`RECEIVED NYSCEF: 04/19/2022
`
`D. Together with interest from August 5, 2021 and the costs and
`
`disbursements hereof.
`
`Dated; Nanuet, New York
`February 22, 2022
`
`To Defendant Pro Se via ECF
`
`{M^y-
`Jj6SEF5H A. CHURGIP^ ESQ.
`SAVAD CHURGIN
`Attorneys Pro Se
`55 Old Turnpike Road, Suite 209
`Nanuet, New York
`(845) 624-3820
`
`6
`
`9 of 11
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`
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`FILED: ROCKLAND COUNTY CLERK 04/19/2022 02:30 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 030169/2022
`
`RECEIVED NYSCEF: 04/19/2022
`
`VERIFICATION
`
`STATE OF NEW YORK )
`) ss.:
`COUNTY OF ROCKLAND )
`
`JOSEPH A. CHURGIN, being duly sworn, deposed and says: I am a Member of
`
`the law firm Savad Churgin, the plaintiff in the action herein appearing pro se; I have
`
`read the annexed Verified Complaint and know the contents thereof, and the same are
`
`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.
`
`^/LAA^ —-~
`
`J6SE^HA.CHURGIN,ESQ.
`
`Sworn to before me this
`22nd^y of Ffebruajy, 2022
`'fffiT-
`
`c.
`-Nofa'ry Public
`
`..,
`
`MARIANA COTTER"
`NOTARY PUBLIC, STATE O'F'NEW YORK
`Registration No. 01C06424197
`Qualified in Rockland County
`Commission Expii-esOctpber 25,2025
`
`10 of 11
`
`
`
`FILED: ROCKLAND COUNTY CLERK 04/19/2022 02:30 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 030169/2022
`
`RECEIVED NYSCEF: 04/19/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ROCKLAND
`
`Index No. 030169/2022
`Filed: 1/13/2022
`
`SAVAD CHURGIN, ATTORNEYS AT LAW
`
`Plaintiff
`
`- against -
`
`BENJAMIN SHERR a/k/a BRUCE SHERR
`
`Defendant.
`
`..———.-——X
`
`Verified Complaint
`
`SAVAD CHURGIN
`Attorneys at Law
`55 Old Turnpike Road, Suite 209
`Nanuet, New York 10954
`(845) 624-3820
`
`11 of 11
`
`
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