FILED: NEW YORK COUNTY CLERK 06/21/2013

NYSCEF DOC. NO. 2

INDEX NO. 652165/2013 RECEIVED NYSCEF: 06/21/2013

SUPRME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X CITY OUTDOOR INC., Plaintiff, - Against Index No: 652165/2013 VERIFIED AMENDED COMPLAINT

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ISEA COMMUNICATION CORP. Defendant. X

complaining of the defendant, alleges as follows: 1.

At all times hereinafter mentioned, plaintiff was and still is a domestic corporation duly

licensed within the laws of the State of New York with its principal place of business located at 1333 Broadway, suite 506, New York, NY 10018 2.

At all times hereinafter mentioned, upon information and belief, the defendant, Isea

Communication Corp. is a foreign corporation duly licensed within the laws of the State of New York with its principal place of business at 38 West 32nd Street, Suite 403. New York, NY

3.

At all times hereinafter mentioned, upon information and belief, the defendant Isea

Communication Corp. is a domestic corporation duly licensed within the laws of the State of New York with its principal place of business located at 38 West 32nd Street, Suite 403. New York, NY 10001.

10001.

Plaintiff, CITY OUTDOOR INC., by ZAWISNY & ZAWISNY, P.C., its attorneys,

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The amount in controversy satisfies the jurisdictional requirements of this Court and

venue is proper in this Court as this action arose within the State of New York, and the plaintiff' and defendant have their principal place of business in the County of New York.

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AS AND FOR A FIRST CAUSE OF ACTION BREACH OF CONTRACT

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5. Plaintiff repeats, reiterates, and re-alleges each and every allegation set forth in paragraphs "1" through "4" of this Complaint with the same force and effect as if fully set forth herein at length. 6.

Defendant entered into an advertising agreement with Plaintiff wherein Plaintiff

agreed to provide services to Defendant, and Defendant agreed to pay to Plaintiff an agreed sums of money for Plaintiff's services. 7.

The agreement provided that in the event of Defendant's default, the defendant will

be obligated to pay the sum due and Defendant will reimburse the Plaintiff for Plaintiff's

1.5 % of the outstanding balance of the invoice to the extent permitted by law. 8. In reliance upon Defendant's promises in the parties' agreement, Plaintiff provided the

Defendant with goods and services, pursuant to certain accounts, upon the Defendant's promise to pay the sum upon the accounts to the Plaintiff upon demand. 9. The Plaintiff had demanded payment for these goods and/or services but payment has

not been made.

collection costs, including reasonable attorney's fees, plus a monthly service charge at the rate of

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Defendant breached the parties' agreement by defaulting on the payment obligation

in the sum of Fifty Three Thousand and Five Hundred ($53,500.00) dollars. 11. Such breach of contract proximately caused Plaintiff's damages in the amount of the

balance due plus Plaintiff's collection costs, including reasonable attorney's fees, plus a monthly service charge at the rate of 1.5 % of the outstanding balance of the invoice to the extent permitted by law. 12. demanded. 13. Plaintiff is therefore entitled to a judgment in the amount of Fifty Three Thousand No part of the amount due and owing has been paid although payment has been duly

and Five Hundred ($53,500.00) dollars plus a monthly service charge at the rate of 1.5 % of the outstanding balance of the invoice to the extent permitted by law.

14.

Plaintiff repeats, reiterates, and re-alleges each and every allegation set forth in

herein at length. 15.

In the alternative, and without waiving the foregoing, prior to the commencement

of this action, statements of the claim were sent to the Defendant which Defendant accepted and retained without objection.

paragraphs "1" through "13" of this Complaint with the same force and effect as if fully set forth

AS AND FOR A SECOND CAUSE OF ACTION ACCOUNT STATED

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Defendant now owes Plaintiff the amount of Fifty Three Thousand and Five Hundred

($53,500.00) dollars plus a monthly service charge at the rate of 1.5 % of the outstanding balance of the invoice to the extent permitted by law. WHEREFORE, Plaintiff demands judgment against the Defendant the sum of the Fifty Three Thousand and Five Hundred ($53,500.00) dollars plus a monthly service charge at the rate of 1.5 % of the outstanding balance of the invoice to the extent permitted by law together with costs and disbursements of this action, reasonable attorney's fees, and interest and such further relief as may be deemed just, equitable, and proper.

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Dated: June 20, 2013

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ZAWISNY & ZAWISNY, P.C. YOLANDA J. ZAWISNY, ESQ. 578 Driggs Avenue Brooklyn, NY 11211 Tel. (718)388-3330 Fax: (718)388-3877

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ATTORNEYS VERIFICATION

STATE OF NEW YORK, COUNTY OF KINGS ss.: I, the undersigned, an attorney duly admitted to practice in the courts of the State of New York, state that I am a member of the firm of ZAWISNY & ZAWISNY, P.C., attorneys of record for the Plaintiff, CITY OUTDOOR INC., in the within action; I have read the foregoing Verified Complaint and know the contents thereof; the same is true on information and belief. The reason

other than that in which I maintain my office.

The source of my information and the grounds of my belief as to all matters not stated upon my own knowledge are as follows: The file maintained by my office and information provided by the plaintiff.

I affirm that the foregoing statements are true, under the penalties of perjury. Dated: Brooklyn, New York June 20, 2013

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this verification is made by me and not by said plaintiff is that said plaintiff resides in a county

Yolanda J. Zawisny, Esq.