FILED: MONROE COUNTY CLERK 01/04/2018 12:17 PM INDEX NO.

E2018000081
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/04/2018

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF MONROE

STERLING INSURANCE COMPANY Plaintiff designates Monroe County

A/S/O COUNTRY SWEET
RESTAURANTS INC. D/B/A
COUNTRY SWEET CHICKEN & RIBS,
Plaintiff,
as the Place of Trial
The basis of venue is:
Location of loss

-AGAINST- Plaintiff’s subrogor conducts

business at:
JING LI RESTAURANT NEW YORK 1691 Mt. Hope Ave.
INC., Rochester, NY 14620

Defendant. SUMMONS

INDEX NO.:

TO THE ABOVE NAMED DEFENDANTS:

YOU ARE HEREBY SUMMONED to answer the complaint in this action

and to serve a copy of your answer, or, if the Complaint is not served

with this Summons, to serve a Notice of Appearance on the Plaintiff’s

attorney within twenty (20) days after the service of the Summons,

exclusive of the day of service (or within 30 days after the service is

complete if this Summons is not personally delivered to you within the

State of New York); and in case of your failure to appear or to answer

judgment will be taken against you by default for the relief demanded in

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this Complaint.

DATED: NEW YORK, NEW YORK

January 4, 2018

METHFESSEL & WERBEL, ESQS.

Attorneys for Sterling Insurance
Company a/s/o Country Sweet
Restaurants Inc. d/b/a Country
Sweet Chicken & Ribs

By:________________________________
Fredric Paul Gallin
450 Seventh Avenue
Suite 1400
New York, New York 10123
(212) 947-1999
gallin@methwerb.com
Our File No. 85167 FPG

Defendant’s Address:

Jing Li Restaurant New York Inc.

1679 Mt. Hope Ave.
Rochester, NY 14620

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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF MONROE

STERLING INSURANCE COMPANY

A/S/O COUNTRY SWEET INDEX NO.:
RESTAURANTS INC. D/B/A
COUNTRY SWEET CHICKEN & RIBS,

Plaintiff, VERIFIED COMPLAINT

-AGAINST-

JING LI RESTAURANT NEW YORK

INC.,

Defendant.

Plaintiff, Sterling Insurance Company a/s/o Country Sweet

Restaurants Inc. d/b/a Country Sweet Chicken & Ribs , by their

attorneys Methfessel & Werbel, as and for their Verified Complaint

against defendant respectfully allege upon information and belief:

1. Sterling Insurance Company is an insurance company duly

authorized to issue insurance policies in the State of New York with a

principle place of business in Cobleskill, New York.

2. Country Sweet Restaurants Inc. d/b/a Country Sweet

Chicken & Ribs was a business entity located at 1691 Mt. Hope Ave.,

Rochester, NY.

3. Sterling Insurance Company insured the business and

property of Country Sweet Restaurants Inc. d/b/a Country Sweet

Chicken & Ribs.

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4. Jing Li Restaurant New York Inc. was a business entity

located at 1679 Mount Hope Ave., Rochester, NY.

5. Jing Li Restaurant New York Inc. is a business entity

deriving revenues from business operations in the State of New York.

6. On or about November 19, 2016 there was a fire in the strip

mall containing Country Sweets.

7. The fire originated in the defendant’s restaurant.

8. As a result of the fire there was damage to the Country

Sweets premises.

9. As a result of the damage claim was made to Sterling

Insurance Company.

10. Sterling made payments in the amount of $28,254.00 for

business personal property and $172,541.64 for business interruption.

Total claim is thus $200,742.18.

11. This fire was a result of the negligence of defendant, Jing Li

Restaurant New York Inc.

12. Defendant Jing Li Restaurant New York Inc.’s negligence

proximately caused the damage.

WHEREFORE plaintiff, Sterling Insurance Company a/s/o

Country Sweets Restaurant, Inc. demands judgment over against

defendant Jing Li Restaurant New York Inc. in the amount of

$200,742.18 together with interest, costs, disbursements and such other

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and further relief as the Court finds just and equitable.

DATED: NEW YORK, NEW YORK

January 4, 2018

METHFESSEL & WERBEL, ESQS.

Attorneys for Sterling Insurance
Company a/s/o Country Sweet
Restaurants Inc. d/b/a Country
Sweet Chicken & Ribs

By:________________________________
Fredric Paul Gallin
450 Seventh Avenue
Suite 1400
New York, New York 10123
(212) 947-1999
gallin@methwerb.com
Our File No. 85167 FPG

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ATTORNEY VERIFICATION

STATE OF NEW YORK )

SS.:
COUNTY OF NEW YORK)

Fredric Paul Gallin, attorney of record for plaintiff, Sterling

Insurance Company a/s/o Country Sweet Restaurants Inc. d/b/a
Country Sweet Chicken & Ribs in the within action; deponent has read
the foregoing and knows the contents thereof; the same is true to
deponent’s own knowledge, except as to the matters therein stated to be
alleged on information and belief, and that as to those matters deponent
believes it to be true.

The grounds of deponent’s belief as to all matters not stated upon

deponent’s knowledge are as follows that the source of the deponent’s
information and the grounds of his belief as to all matters therein alleged
upon in formation and belief are reports from and communications had
with said party.

This verification is made by deponent and not answering defendant

because answering defendant is not located in the county wherein your
deponent maintains an office.

The undersigned affirms that the foregoing statements are true,

under the penalties of perjury.

Dated: New York, N.Y.

January 4, 2018

________________________________
Fredric Paul Gallin

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