© 2004 Susan Chana Lask All Rights Reserved.
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
Civil Action, File No. ____________
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JANE DOE, INDEX NO. ________/96
Plaintiff,
-against- SUMMONS
ABC CHRYSLER-PLYMOUTH-JEEP-
EAGLE, INC., JOHN DOE and
SAM SMITH,
Defendants.
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To the above named Defendants, located at ____________, NY 10016 and residing at in the State of New York, respectively:
You are hereby summoned and required to serve upon the Plaintiff's Attorney(s) LAW OFFICES OF SUSAN CHANA LASK 853 Broadway, Suite 1516, New York, NY 10003, (212)358-5762, an answer to the Complaint which is herewith served upon you, within 20 days after the service of this Summons, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint.
_______________________________
Clerk of the Court
_______________________________
Deputy Clerk
(Seal of the U.S. District Court)
Dated: March , 1996
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
Civil Action, File No. ____________
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JANE DOE, INDEX NO. ___________/96
Plaintiff,
-against- COMPLAINT
ABC CHRYSLER-PLYMOUTH-JEEP-
EAGLE, INC., JJOHN DOE and
SAM SMITH,
Defendants.
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Plaintiff, JANE DOE, alleges to the best of her knowledge as follows:
1. Plaintiff is a citizen of the State of New Jersey.
2. Defendant ABC CHRYSLER-PLYMOUTH-JEEP-EAGLE, INC. ("ABC") is, and has been at the time of this action and to date, a domestic corporation, incorporated and registered in the State of New York and conducting business from an office at 60 Route 304, ABC, NY 10954.
3. Defendants SAM SMITH ("SMITH") and JOHN DOE ("DOE") are natural persons and were at the time of this action, and to date, residents of the State of New York, and a salesman and sales manager, respectively, at ABC.
4. Jurisdiction is founded on both diversity of citizenship and the amount in controversy is in excess of $50,000.00, pursuant to U.S.C., Title 28, section 1332.
FIRST CAUSE OF ACTION
5. On May 13,1995, Plaintiff negotiated for a vehicle purchase at ABC's premises.
6. The negotiation lasted over four (4) hours with Defendants SMITH and DOE.
7. A vehicle cash purchase agreement, dated May 13, 1995, was entered into between Plaintiff and Defendant ABC (the "Contract").
8. The Contract was signed by Plaintiff and Defendant DOE, on behalf of ABC.
9. Plaintiff tendered, and Defendant ABC accepted, a $500 downpayment.
10. The Contract terms were that Defendant ABC was to order a Jeep-Wrangler on May 15, 1995 from the factory, to be delivered to Plaintiff no later than June 27, 1995.
11. The Jeep-Wrangler was to be a Rio Grande package, equipped with the following accessories: full doors and windows, am/fm cassette, sound bar/courtesy light, leather wrap tilt steering wheel, side steps, aluminum wheel covers, extra capacity gas tank, added trunk lock storage, special large Wrangler P 215/75 SR 15 tires, a spice soft top, and special Wrangler mats, all at a price of $16,229.00, less a $400.00 rebate and Plaintiff's trade-in vehicle at $6,000.00.
12. On or about May 15, 1995, Plaintiff telefaxed a confirmation note to Defendant SMITH at ABC's office regarding the order date of the vehicle.
13. On or about May 16, 1995, Plaintiff telephoned Defendant SMITH and was told by said Defendant that the order was made to the factory.
14. On or about June 6, 1995, Plaintiff telephoned Defendant SMITH at Defendant ABC's premises; he stated that the factory completed the vehicle and he was waiting for a pick-up date.
15. On or about June 7, 1995, Plaintiff telefaxed Defendant SMITH at Defendant ABC's office confirming their June 6, 1995 telephone conversation and stating that time was of the essence in this matter.
16. On or about June 30, 1995, Plaintiff telephoned Defendant SMITH at ABC's premises and was told by SMITH that he was waiting for the vehicle identification number and told Plaintiff to order new insurance for her vehicle, which plaintiff did.
17. On or about July 1, 1995, Plaintiff contacted Defendant DOE who stated that her vehicle was ordered and that he would speak to Defendant SMITH to expedite the delivery.
18. On or about July 4, 1995, Plaintiff telephoned Defendant ABC and was forwarded to a manager named Dimitri who stated that the vehicle was never ordered and the vehicle could never have been ordered at the contracted sales price because of all the options added to it.
19. On or about July 5, 1995, Plaintiff spoke to Defendant ABC's manager named J.R. who confirmed the car was never ordered.
20. Defendant ABC breached the contract by never ordering the vehicle contracted for.
21. As a result of ABC's breach, Plaintiff did not receive what she contracted for, lost the opportunity to negotiate for a new vehicle and paid considerably higher for a vehicle with less options then contracted for with Defendant ABC.
WHEREFORE, Plaintiff demands judgment for the First Cause of action in the amount of $10,000.00.
SECOND CAUSE OF ACTION
22. All of the above paragraphs are incorporated in this cause of action as if stated in whole.
23. Defendant ABC acted in bad-faith, with willful fraud, intentional misrepresentation and dishonest behavior and has damaged and defrauded Plaintiff.
24. As a result of Defendant ABC's misrepresentations, Plaintiff lost the opportunity to sell her trade-in and paid a considerably higher price for a vehicle with less options.
WHEREFORE, Plaintiff demands judgment for the Second Cause of action in the amount of $30,000.00.
THIRD CAUSE OF ACTION
25. All of the above paragraphs are incorporated in this cause of action as if stated in whole.
26. Defendant SMITH repeatedly misrepresented to Plaintiff that an order was made on or about May 15, 1995 as well as continued to intentionally misrepresent to Plaintiff for over a period of four (4) weeks that the vehicle was ready for delivery.
27. Defendant SMITH acted in bad-faith, with willful fraud, intentional misrepresentation and dishonest behavior and has damaged and defrauded Plaintiff.
28. As a result of Defendant SMITH's misrepresentations, Plaintiff lost the opportunity to sell her trade-in vehicle and paid a considerably higher price for a vehicle with less options.
WHEREFORE, Plaintiff demands judgment for the Third Cause of action in the amount of $20,000.00.
FOURTH CAUSE OF ACTION
29. All of the above paragraphs are incorporated in this cause of action as if stated in whole.
30. Defendant DOE represented to Plaintiff that an order was made and that the vehicle was ready for delivery.
31. Defendant DOE never ordered the vehicle and acted in bad-faith, with willful fraud, intentional misrepresentation and dishonest behavior and has damaged and defrauded Plaintiff.
32. As a result of Defendant DOE's misrepresentations, Plaintiff lost the opportunity to sell her trade-in vehicle and paid a considerably higher price for a vehicle with less options.
WHEREFORE, Plaintiff demands judgment for the Fourth Cause of action in the amount of $20,000.00.
FIFTH CAUSE OF ACTION
33. All of the above paragraphs are incorporated in this cause of action as if stated in whole.
34. The acts and practices of Defendants herein were materially misleading.
35. Plaintiff was monetarily injured by said acts and practices.
36. Defendants violated Article 22-A-Consumer Protection from deceptive Acts and Practices, section 349.
37. Pursuant to said section, Plaintiff is entitled to its actual damages and attorney fees.
WHEREFORE, Plaintiff demands judgment for the Fifth Cause of action in the amount pursuant to statute.
SIXTH CAUSE OF ACTION
38. All of the above paragraphs are incorporated in this cause of action as if stated in whole.
39. The Contract did not contain bold face type stating the contract price was final and that no additional fees shall be collected.
40. Defendants violated Article 26-General Business Law, section 396-p.2
41. Defendants are subject to civil penalties therein.
WHEREFORE, Plaintiff demands judgment for the Sixth Cause of action in the amount pursuant to statute.
WHEREFORE, Plaintiff prays for relief in the amount of (a) $70,000.00 as to all Causes of Action and (b) damages pursuant to statutes stated herein and (c) to grant Plaintiff such further, other and different relief as this Court may deem just and proper in the premises, together with attorneys fees and costs of this action.
Dated: New York, New York _______________________________________
March 14, 1996 SUSAN CHANA LASK, ESQ.
LAW OFFICES OF SUSAN CHANA LASK
Attorney(s) for the Plaintiff
853bROADWAY, Suite 1516
New York, New York 10003
(212)358-5762