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Michael I. Inzelbuch, Esquire

Attorney ID No. 042141993
1340 West County Line Road
Lakewood, New Jersey 08701
Phone: 1-732-905-0325 / Fax: 1-732-905-5872
Attorney for Plaintiffs

JAY’S BUS SERVICE, INC. and SUPERIOR COURT OF NEW JERSEY

SEMAN-TOV, INC. and D.A.G. LAW DIVISION
TRANSPORT, LLC, individually and MONMOUTH COUNTY
collectively

Plaintiff, DOCKET NO.:

vs. CIVIL ACTION

MONMOUTH-OCEAN EDUCATIONAL COMPLAINT, REQUEST FOR

SERVICES COMMISSION (a/k/a EMERGENT RELIEF, AND DEMAND
“MOESC”) MONMOUTH COUNTY, FOR JURY TRIAL
NEW JERSEY

Defendant.

COMPLAINT AND REQUEST FOR EMERGENT RELIEF

Plaintiff, Jay’s Bus Service, with a principal place of business at 1965 Rutgers University

Boulevard, Lakewood, New Jersey 08701, herein states by way of Complaint that:

Plaintiff, Seman-Tov, Inc., with a principal place of business at 10 Truax Street, Elberon,

New Jersey 07740, herein states by way of Complaint that:

Plaintiff, D.A.G. Transport, LLC, with a principal place of business at 49 Clover Street,

Lakewood, New Jersey 08701, herein states by way of Complaint that:

Defendant, Monmouth-Ocean Educational Services Commission (a/k/a “MOESC”)is

a transportation consortium with a principal place of business at 100 Tornillo Way, Tinton Falls,

New Jersey 07712 that:

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STATEMENT OF FACTS COMMON TO ALL COUNTS

1. Plaintiff, Jay’s Bus Service, is a corporation organized under the laws of the State of New

Jersey with a principal place of business at 1965 Rutgers University Boulevard, Lakewood, New

Jersey 08701.

2. Plaintiff, Seman-Tov, Inc., is a corporation organized under the laws of the State

of New Jersey with a principal place of business at 10 Truax Street, Elberon, New Jersey

07740.

3. Plaintiff, D.A.G. Transport, LLC, is a corporation organized under the laws of

the State of New Jersey with a principal place of business at 49 Clover Street, Lakewood, New

Jersey 08701.

4. Upon information and belief, Defendant, Monmouth-Ocean Educational Services

Commission (a/k/a “MOESC”) is a Commission in Monmouth County, New Jersey with a

principal place of business at 100 Tornillo Way, Tinton Falls, New Jersey 07712.

5. Upon information and belief, the Defendant has control and authority to enter into and

maintain transportation contracts to provide transportation services to students.

6. Plaintiffs herein are New Jersey licensed transportation companies that provide school

transportation services.

7. Each of the three (3) Plaintiffs herein and Defendant “MOESC” entered into a contracts

that included the 2019-2020 school year, under which Plaintiffs would provide transportation

services for bus routes. The contract contained no force majeure clause or any other provision for

modification in the event of school closure. See Exhibit “A” for each of the three (3) companies

Contracts.

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8. On or about March 16, 2020, in response to the COVID-19 pandemic, New Jersey State

Governor Philip D. Murphy issued Executive Order No. 104, declaring a Public Health

Emergency and State of Emergency, and ordering that “All public, private, and parochial preschool

program premises, and elementary and secondary schools, including charter and renaissance

schools, shall be closed to students beginning on Wednesday, March 18, 2020, and shall remain

closed as long as this Order remains in effect.”

9. On April 14, 2020, following this mandated closure, New Jersey P.L.2020, c. 27 (Assembly

Bill No. 3904/Senate Bill No. 2337), was passed and signed into law.

10. New Jersey P.L. 2020, c.27, modified N.J. Stat. § 18A:7F-9.e.(3) to require that “If the

schools of a school district are subject to a health-related closure for a period longer than three

consecutive school days, which is the result of a declared state of emergency, declared public

health emergency, or a directive by the appropriate health agency or officer, then the school

district shall continue to make payments of benefits, compensation, and emoluments pursuant

to the terms of a contract with a contracted service provider in effect on the date of the closure

as if the services for such benefits, compensation, and emoluments had been provided, and as

if the school facilities had remained open.” (emphasis added).

11. The Defendant made payment as agreed for the months of September 2019 through and

including the full month of February 2020.

12. Upon information and belief, no payments have yet been made for March 2020 or April

2020, May 2020, and June of 2020 (with the exception to Jay’s Bussing wherein partial payment

for March 2020 was remitted).

13. The Plaintiffs remain ready, willing, and able to provide the agreed services and has taken

the steps reasonably necessary to continue services when requested by the Defendant.

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14. The Plaintiffs have incurred significant costs in keeping itself ready, willing, and able to

provide those services. Without full payment, Plaintiffs will be unable to fulfill their fiscal

responsibilities including rent for its facilities and bus yards, insurance for its fleet of and payroll

for its employees, including bus drivers, bus aides, and administrators.

15. The Plaintiffs have attempted on numerous occasions and have acted in good faith, and,

without prejudice, to “negotiate” with the Defendant, to no avail.

16. The Plaintiff’s herein, Jay’s Bus Service, Inc. and Seman-Tov, Inc. and D.A.G.

Transport, LLC, received, without explanation nor forewarning, a check from Defendant that

appears to represent fifty percent (50%) or less than what is acknowledged by Defendant to be

owed to each of the three (3) Plaintiff’s herein. Said checks have not been accepted nor deposited

by any of the Plaintiffs.

COUNT I: BREACH OF CONTRACT

17. The preceding paragraphs are incorporated by reference as if fully set forth herein.

18. Contracts were entered into by the authorized representatives of the parties under which

the Defendant would make monthly payments to the Plaintiffs for the 2020-2021 school year. The

Plaintiffs remain ready, willing, and able to perform, and has incurred significant costs in

maintaining its ability to perform.

19. The Defendant currently owes under its contractual obligations as follows:

A. Jay’s Bus Service, Inc. - $318,884.86

B. Seman-Tov, Inc. - $917,002.79

C. D.A.G. Transport, LLC - $889,362.15

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WHEREFORE, Plaintiffs, JAY’S BUS SERVICE, INC. and SEMAN-TOV, INC. and D.A.G.

TRANSPORT LLC, individually and collectively, demand judgment against Defendant,

MONMOUTH-OCEAN EDUCATIONAL SERVICES COMMISSION (a/k/a “MOESC”),

for all compensatory damages, consequential damages, attorneys fees, and sums as would

reasonably and appropriately compensate Plaintiffs in accordance with the laws of the State of

New Jersey, together with interest and costs.

COUNT II: PROMISSORY ESTOPPEL

20. The preceding paragraphs are incorporated by reference as if fully set forth herein.

21. Pursuant to the terms of the above-referenced contracts, the Defendant made a clear and

unambiguous promise to pay the Plaintiffs for their services.

22. Pursuant to N.J. Stat. § 18A:7F-9.e.(3), the Defendant is obligated to perform on that

promise.

23. The Plaintiffs reasonably and justifiably relied on said promise.

24. The Plaintiffs have been and will be irreparably harmed by Defendant’s failure to perform

on said promise.

WHEREFORE, Plaintiffs, JAY’S BUS SERVICE, INC. and SEMAN-TOV, INC. and D.A.G.

TRANSPORT LLC, individually and collectively, demand judgment against Defendant,

MONMOUTH-OCEAN EDUCATIONAL SERVICES COMMISSION (a/k/a “MOESC”),

for all compensatory damages, consequential damages, attorneys fees, and sums as would

reasonably and appropriately compensate Plaintiffs in accordance with the laws of the State of

New Jersey, together with interest and costs.

COUNT III: QUANTUM MERUIT

25. The preceding paragraphs are incorporated by reference as if fully set forth herein.

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26. Plaintiffs plead in the alternative that Defendant has been unjustly enriched as more fully

described herein.

27. Plaintiffs have conferred a substantial benefit upon the Defendant by hiring and retaining

school bus drivers, aides, mechanics, and office staff for the benefit of Defendant and has

additionally secured, maintained, serviced, and made available the necessary buses, vans and other

vehicles for the benefit of Defendant.

28. The Defendant has retained the benefit of the bargain with Plaintiffs in that Defendant may

resume use of Plaintiff’s agreed-upon services at any time.

29. Defendant is unjustly enriched at the expense of Plaintiffs.

WHEREFORE, Plaintiffs, JAY’S BUS SERVICE, INC. and SEMAN-TOV, INC. and

D.A.G. TRANSPORT LLC, individually and collectively, demand judgment against

Defendant, MONMOUTH-OCEAN EDUCATIONAL SERVICES COMMISSION (a/k/a

“MOESC”),, for all compensatory damages, consequential damages, attorneys fees, and sums as

would reasonably and appropriately compensate Plaintiff in accordance with the laws of the

State of New Jersey, together with interest and costs.

COUNT IV: VIOLATION OF STATUTORY DUTY TO PAY

30. The preceding paragraphs are incorporated by reference as if fully set forth herein.

31. Pursuant to N.J.S.A 18A:7F-9.e.(3), “[i]f the schools of a school district are subject to a

health-related closure for a period longer than three consecutive school days, which is the result of

a declared state of emergency, declared public health emergency, or a directive by the appropriate

health agency or officer, then the school district shall continue to make payments of benefits,

compensation, and emoluments pursuant to the terms of a contract with a contracted service

provider in effect on the date of the closure as if the services for such benefits, compensation, and

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emoluments had been provided, and as if the school facilities had remained open.” (emphasis

added).

32. To date, despite the declaration of a state of emergency and public health emergency,

Defendant has failed to continue to make payments of benefits, compensation, and emoluments to

Plaintiff pursuant to the terms of the above-referenced contracts.

33. As a result of this breach of contract, Plaintiffs have sustained and will continue to sustain

damages in the form of lost payment, consequential damages, and defense costs.

WHEREFORE, Plaintiffs, JAY’S BUS SERVICE, INC. and SEMAN-TOV, INC. and

D.A.G. TRANSPORT LLC, individually and collectively, demand judgment against

Defendant, MONMOUTH-OCEAN EDUCATIONAL SERVICES COMMISSION (a/k/a

“MOESC”), for all compensatory damages, consequential damages, attorneys fees, and sums as

would reasonably and appropriately compensate Plaintiffs in accordance with the laws of the

State of New Jersey, together with interest and costs.

COUNT V: REQUEST FOR EMERGENT RELIEF

34. The preceding paragraphs are incorporated by reference as if fully set forth herein.

35. Plaintiffs are suffering irreparable harm which cannot be addressed adequately by

monetary damages, in that any further delay of payment will render Plaintiffs unable to continue

to meet its obligations to provide services to the students of Defendant.

36. The legal rights underlying the claim are not unsettled, this is a simple breach of contract.

Defendant promised to pay and did not do so.

37. The material facts are not controverted. On information and belief, Defendant does not

assert that it has met its obligations to Plaintiffs, it asserts that it is unable to meet its obligations.

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38. Demanding prompt payment will not cause undue hardship to Defendant, while refusing

payment will cause tremendous hardship to Plaintiffs, along with Plaintiff’s employees and the

students of Defendant who require bus services.

WHEREFORE, Plaintiffs, JAY’S BUS SERVICE, INC. and SEMAN-TOV, INC. and D.A.G.

TRANSPORT LLC, individually and collectively, demand judgment against Defendant,

MONMOUTH-OCEAN EDUCATIONAL SERVICES COMMISSION (a/k/a “MOESC”), a

declaration that Defendant must make payments under the contracts it signed, and an Order

requiring it to immediately make those payments.

DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all Counts of the Complaint.

CERTIFICATION PURSUANT TO R. 4:5-1

The matter in controversy is not the subject of any other known pending action in any Court or of

a known pending arbitration proceeding. There are no other parties known who should be joined

to this action.

DESIGNATION OF TRIAL COUNSEL

PLEASE TAKE NOTICE that pursuant to R. 4:25-4, Michael I. Inzelbuch, Esquire is hereby

designated Trial Counsel.

Dated: September 9, 2020

By ____________________________________
MICHAEL I. INZELBUCH, ESQUIRE
Attorney for Plaintiffs

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