IFILED; WESTCHESTER COUNTY CLERK

NYSCEF DOC. NO. 1

09/23/20111 Index No. Date Filed:

INDEX NO. 55954/2011 RECEIVED NYSCEF: 09/22/2011

SUPREME: COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ILLINOIS UNION INSURANCE COMPANY

against

'. Plaintiff designates WESTCF1ESTER County as the place of trial. Plaintiff(s) ! The basis of venue is j Defendants' Business Address(es) SUMMONS

JUDELSON DEVELOPMENT GROUP LLC, LOCUST CONTRACTING CORP. and

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| 1 Plaintiff(s) reside(s) at : 525 W. Monroe St; Ste 400 Defendant(s) i Chicago, IL 60661

To the above named Defendant(s): 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 the summons, to serve a notice of appearance, on the Plaintiffs Attorney(s) within 20 days after the service of this 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 answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated, August 26, 2011 Bohemia, New York ROE TAROFF TAITZ & PORTMAN, LLP Attorneys for Plaint iff(s) One Corporate Drive, Suite 102 Bohemia, New York 11716 (631)475-4400 _^

By: ELLIOT M. PORTMAN Our file number: 59819 Defendant's Address: JUDELSON DEVELOPMENT GROUP 590 Franklin Avenue Mount Vernon NY 10550 Locust Street Developers LLC 590 Franklin Avenue Mount Vernon NY 10550

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ILLINOIS UNION INSURANCE COMPANY Plaintiffs) against JUDELSON DEVELOPMENT GROUP LLC, LOCUST CONTRACTING CORP. and Defendant(s) ! Index No. VERIFIED COMPLAINT

Plaintiff(s), by the undersigned attorneys, complaining of the Defendant(s) allege(s): AS AND FOR A FIRST CAUSE OF ACTION 1. That during the time herein stated and hereinafter mentioned, the plaintiff(s) was/were and still is/are a foreign corporation, authorized to transact insurance business in New York, 2. Upon information and belief Defendants were and still are domestic corporations with their principal place of business in the County of WESTCHESTER, State of New York. 3. That this is an action to recover the sum of THIRTY THOUSAND and 00/100 ($30,000.00) DOLLARS balance due from the Defendants to the Plaintiff for past due, unpaid, earned and agreedupon insurance premiums incurred on or about (and between) August 22, 2005 through July 31, 2008 at the defendant('s)(s') special Instance and request. 4. That no part of the said balance of THIRTY THOUSAND and 00/100 (S30,000.00) DOLLARS has been paid although demand for payment thereof has been duly made.

AS AND FOR A SECOND CAUSE OF ACTION

5. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs "1" through "4" herein with the same force and effect as though hereafter fully set forth herein at length, 6. Plaintiff has regularly and periodically billed Defendants for the past due sum of THIRTY THOUSAND and 00/100 (530,000.00) DOLLARS and the Defendants have received, accepted and retained the invoiced demands and statements without objection and has failed and refused to pay same despite demand therefor. 7. That by reason of the above, there is an account stated between the parties in the amount of THIRTY THOUSAND and 00/100 (S30,000.00) DOLLARS , no part of which has been paid, although duly demanded. WHEREFORE, Plaintiff demands judgment against Defendants on the FIRST and/or SECOND CAUSE OF ACTION in the sum of THIRTY THOUSAND and 00/100 (530,000.00) DOLLARS , with interest from July 31, 2008, together with the costs and disbursements of this action. Dated: August 26, 2011 Bohemia, New York ROE TAROFF TAITZ & PORTMAN, LLP Attorneys for Plaintiff(s) One Corporate Drive, Suite 102 Bohemia, New York 11716 (631)475-4400 By: ELLIOT M. PORTMAN

STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) ELLIOT M. PORTMAN, the undersigned, an attorney admitted to practice in the courts of New York State, state that I am with the law firm of ROE TAROFF TAITZ & PORTMAN, LLP, the attorneys of record for Plaintiff in the within action; I have read the foregoing COMPLAINT and know the contents thereof: the same is true to my own knowledge, except as to matters therein alleged upon information and belief, and as to those matters I believe it to be true. The reason this verification is made by me and not byPlaintiff is because Plaintiff is not within the County of Suffolk where deponent has his office. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: Books and records of Plaintiff in deponent's possession. I affirm the foregoing statements are true, under the penalties of perjury. Dated: August 26, 2011 Bohemia, New York ELLIOT M. PORTMAN

Index No,

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER

ILLINOIS UNION INSURANCE COMPANY Plaintifffs) aaamst JUDELSON DEVELOPMENT GROUP LLC. LOCUST CONTRACTING CORP. and LOCUST STREET DEVELOPERS, LLC Defendant(s)

SUMMONS AND VERIFIED COMPLAINT

ROE TAROFF TAITZ & PORTMAN, LLP Attorneys for Plaintifffs) One Corporate Drive, Suite 102 Bohemia, NY 11716 (631)475-4400 Our file number: 59819

Certification pursuant to Section 130-1.1-a of the Rules of the Chief Administrator (22NYCRR)

"^g
ELLIOTT M. PORTMAN