PLAINTIFFS ORIGINAL COMPLAINT

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March 24, 2023

Abraham Kleinman

199 Lee Avenue Suite 955

Brooklyn, NY 11211

347-827-0011

kleinmanabraham@gmail.com

Plaintiff in pro per

in the supreme court of new york

for rockland county

abraham kleinman,Plaintiff,vs.moses goldstein,Defendant Case No.: Numberplaintiff’s original complaint

NOW COMES Plaintiff Abraham Kleinman, and files this Complaint against Moses Goldstein, Defendant, and for cause would show this Honorable Court as follows:

  1. PARTIES
  2. Plaintiff Abraham Kleinman is a law-abiding male adult of sound mind and a resident of 199 Lee Avenue Suite 955, Brooklyn, NY 11211.
  3. Defendant Moses Goldstein is a male adult and a resident of 183 Wilson St. #282, Brooklyn, NY 11211.
  4. Plaintiff and Defendant shall jointly be referred to as the “Parties.”
  • JURISDICTION AND VENUE
  • Jurisdiction exists in this Court pursuant to Article VI, Section 7 of the New York Constitution.
  • Venue is proper in this Court because the causes of action took place in Rockland County.
  • STATEMENT OF FACTS
  • On July 31, 2020, Plaintiff and Defendant entered into a Joint Venture Agreement for the purchase of property located at 20 State St., Haverstraw, NY 10927 (the “Subject Property”). Exhibit 1.
  • In the month of (month and year), Defendant failed to remit payment towards the mortgage loan on the property. Defendant failed to remit payments for 60 days (2 months), and Plaintiff covered the costs on his behalf.
  • Defendant reimbursed Plaintiff payment for 30 days and remained with a 30-day balance in the sum of $30,000. Section 4.3(b) of the Joint Venture Agreement states as follows: “In the event any mortgage payment is not paid within sixty (60) days of when it is due, Goldstein’s 50% interest in the premises shall be assigned to Kleinman and Goldstein shall execute any document necessary to effectuate the terms of this section.”
  • On (Date), Defendant conducted some upgrades on the Subject Property worth $35,000 and charged it on Plaintiff’s credit card. As at the date of filing this Complaint, Defendant had not paid back Plaintiff the sum of $35,000 charged on his credit card. In the month of October, Defendant failed to make the mortgage payment for that month. Plaintiff chipped in and made the payment on Defendant’s behalf. Defendant resumed paying for the mortgage in November and did not reimburse Plaintiff the amount he paid.
  • Through his attorney, Plaintiff asked Defendant to exercise his buyout rights in Section 5 of the Joint Venture Agreement. defendant responded and said that he did not have the money. Exhibit 2.
  • The Parties are now in the second year of the Joint Venture Agreement. section 6.2 of the Joint Venture Agreement states as follows: “Between the first (1st) and second (2nd) anniversaries of the closing of the purchase of the premises, Kleinman shall have the right to purchase Goldstein’s interest in the premises upon both of (i) refunding Goldstein for all monies paid pursuant to section 3 above, and (ii) the payment of thirty thousand ($30,000.00) dollars to Goldstein.”
  • The 1st anniversary of the Joint Venture Agreement was on 07/31/2021. Plaintiff would like to exercise his buyout rights enshrined in Section 6.2 of the Joint Venture Agreement.
  • Since Defendant has not refunded the $35,000, he charged on Plaintiff’s credit card, Plaintiff would like that amount to substitute the sum of $30,000 payable to Defendant.
  • Plaintiff would also like to be reimbursed the remaining $5,000.
  • CAUSES OF ACTION

Breach of Contract

  1. Plaintiff hereby incorporates the facts stated in Paragraphs 6-14 of this Complaint as though set out in full herein.
  2. The “essential elements of a cause of action to recover damages for breach of contract, to wit: the existence of a contract, the plaintiff’s performance under the contract, the defendant’s breach of that contract, and resulting damages.” JP Morgan Chase v. JH Electric of New York¸ 69 A.D. 3d 802 (2010), citing Agway, Inc. v. Curtin, 161 A.D. 2d 1040, 1041 (1990); Furia v. Furia, 116 A.D. 2d 694, 695 (1986).
  3. Plaintiff performed all his obligations in the Joint Venture Agreement. He even covered Defendant’s late payments.
  4. On the other hand, Defendant breached the terms of the Joint Venture Agreement by failing to reimburse the payment of $35,000 made on Plaintiff’s credit card to cover costs of upgrading the subject property.
  5. Plaintiff incurred damage in the form of $35,000 charged on his credit card but not refunded by Defendant.
  6. Defendant is liable for breach of contract.

Specific Performance

  • Plaintiff hereby incorporates the facts and cause of action stated in Paragraphs 6-20 of this Complaint as though set out in full herein.
  • “Where a contract is breached, moreover, and the injured party is entitled to specific performance, the remedy must be a real one, not an exercise in futility.” Dalton v. Educational Testing Service, 87 N.Y. 2d 384 (1995).
  • For the breach of contract by Defendant, Plaintiff seeks an order of specific performance compelling Defendant to transfer to Plaintiff his 50% ownership of the Subject Property.
  • PRAYER FOR RELIEF

REASONS WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant him the following reliefs:

  1. Grant judgment in favor of Plaintiff and against Defendant;
  2. Issue an order of specific performance compelling Defendant to surrender his 50% ownership in the property to Plaintiff, whose consideration shall be $30,000 deducted from the amount that Defendant failed to reimburse Plaintiff on his credit card;
  3. Issue an order of specific performance compelling Defendant to pay to Plaintiff $5,000 as the remaining amount after consideration for Plaintiff’s buyout;
  4. Award Plaintiff damages for breach of contract;
  5. Award Plaintiff punitive damages;
  6. Award Plaintiff pre- and post-judgment interests;
  7. Award Plaintiff costs of this suit and attorney fees as allowed by law;
  8. Award Plaintiff appropriate equitable relief under the circumstances; and
  9. Award Plaintiff such further relief as this Court deems necessary and proper.

Dated this ____ day of December, 2021.

Respectfully Submitted,
__________________________________

Abraham Kleinman,

Plaintiff in pro per

VERIFICATION

I, _______________, being duly sworn depose and say that I am a _____________ in the above-entitled action, that I have read the foregoing ____________________ and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this ___ day of ___________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

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