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650767/2017
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2017
Plaintiff, SUMMONS
Plaintiffs Business
Address: 10 West 37th
Street, 3rd Floor
New York, New York
10018
-against-
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To the above named Defendants:
Charles S. Platkin
Attorney for Plaintiff
Office & P.O. Address
17 East 17th Street,
New York, New York 10003
(917) 804-3030
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2017
Plaintiff, COMPLAINT
-against-
Defendant.
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Plaintiff Benny Blanco, Inc. by his attorney Charles Platkin, as and for his
1. Plaintiff Benny Blanco, Inc. brings this action to recover monies for breach
of a contract for commissions for broker services in connection with lease of real estate
with defendant PEBBLE CORP. and SWEET CHICK LIFE, INC. Pursuant to a brokerage
arrangement dated July 14, 2016, plaintiff is due and owed a sales commission of no less
than $50,000.00 and it remains due and payable, for a commercial lease signed between
PEBBLE CORP/SWEET CHICK LIFE, INC. and YALDAYNU LLC C/O B REALTY
1991 Broadway, NYC 10023 for a restaurant at 339-343 Flatbush Avenue (aka 636
defendant failed to pay plaintiff the amounts of commissions due and owing. Plaintiff now
seeks the amount of unpaid commissions based upon breach of contract, quantum meruit,
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Parties
was and still is an corporation with its main office in New York, New York properly
licensed to provide commercial real estate brokerage services in the State of New York.
(defendant) was and still is a New York based company existing under existing under and
by virtue of the laws of the State of New York and maintains its principal place of business
164 Bedford Ave, Brooklyn, New York, 11211 and SWEET CHICK LIFE, INC.
(defendant) was and still is a domestic company existing under and by virtue of the laws
of the State of New York and maintains its principal place of business at 199 Devoe Street
5. Pursuant to CPLR 503, proper venue lies in New York County, where the
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6. On or about July 14, 2016, plaintiff and defendant entered into a certain
339-343 Flatbush Avenue (aka 636 Carlton Street), Brooklyn, NY is the sum of no less
10. That plaintiff has duly performed each and every obligation on his part to be
11. That defendants material breach of the Agreement has deprived plaintiff of
commissions due and owing for the leasing of 339-343 Flatbush Avenue (aka 636 Carlton
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2017
obligated for the sum of no less than $50,000 as payment for plaintiffs commissions in
connection with the lease of commercial space for defendant as contemplated by and
13. That as a result of defendants breach and violation of the terms of the
Agreement, plaintiff has been damaged in the sum of no less than $50,0000 with applicable
interest, which is the amount justly due and owing to plaintiff from defendant.
14. Plaintiff repeats and realleges each and every allegation contained in
15. That the sum of no less than $50,000 represents the reasonable price and fair
value for the services provided to defendant by plaintiff pursuant to the terms and conditions
16. That the services plaintiff provided to defendant were pursuant to and in
reliance and accord with the terms of the commercially reasonable brokerage arrangement.
17. That the plaintiffs services were of value and defendant has derived and or
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18. That under the theory of quantum meruit, defendant is indebted to plaintiff in
the sum of $50,000, for the fair and reasonable value of the plaintiffs services had and
received and or remaining to be had and received by defendant, together with applicable
interest.
19. Plaintiff repeats and realleges each and every allegation contained in
20. By reason of the value of the services performed by plaintiff and accepted
and received by defendant pursuant to the terms of the Agreement, defendant has been
unfairly and unjustly enriched at the expense of plaintiff in the sum of no less than $50,000,
(a) On the First Cause of Action in the amount of no less than $50,000, together
(b) On the Second Cause of Action in the amount of no less than $50,000,
(c) On the Third Cause of Action in the amount of no less than $50,000 together
(e) Together with the reasonable attorney's fees and expenses associated with
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(f) Such further and different relief as may be deemed just by this Court.
Charles Platkin
Attorney for Plaintiff
17 East 17th Street, 4th Floor
New York, New York 10003
Tel: (917) 804-3030
Email: Charles@PlatkinLaw.com
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