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FILED: KINGS COUNTY CLERK 04/26/2024 12:14 PM INDEX NO. 511915/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/26/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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CARDINAL HEALTH 110, LLC, successor in interest
to KINRAY, LLC, Index No.
Plaintiff, VERIFIED COMPLAINT
-against-
AR & MR PHARMACY, INC. d/b/a ABC DRUGS
and ALEKSANDR ROZENBAUM,
Defendants.
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Plaintiff Cardinal Health 110, LLC, successor in interest to Kinray, LLC, by its attorneys,
Kurzman Eisenberg Corbin & Lever, LLP, complaining of Defendants AR & MR Pharmacy,
Inc. d/b/a ABC Drugs and Aleksandr Rozenbaum, as and for its Complaint alleges as follows:
THE PARTIES
1. At all relevant times hereinafter mentioned, Plaintiff, Cardinal Health 110, LLC,
successor in interest to Kinray, LLC (“Kinray”) was and is a limited liability company organized
and existing under the laws of the State of Delaware, authorized to transact business in the State
of New York, with its principal place of business located at 152-35 Tenth Avenue, Whitestone,
New York 11357.
2. Upon information and belief, at all relevant times hereinafter mentioned,
Defendant AR & MR Pharmacy, Inc. d/b/a ABC Drugs (“AR & MR Pharmacy”) was and is a
corporation organized and existing under the laws of the State of New York, with an office for
the transaction of business located at 1942 86thStreet, Brooklyn, New York 11214 (the
“Premises”).
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3. Upon information and belief, at all relevant times hereinafter mentioned,
Defendant Aleksandr Rozenbaum (“Rozenbaum”) with an office for the transaction of business
located at the Premises.
AS AND FOR A FIRST CAUSE OF ACTION
4. Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
“3” of this Complaint with the same force and effect as if set forth fully at length herein.
5. At all relevant times, Kinray operates a licensed wholesale distributor of
pharmaceutical, health and beauty aid products (collectively, the “Goods”).
6. Upon information and belief, at all relevant times, AR & MR Pharmacy operates
a retail pharmacy.
7. At the specific request of AR & MR Pharmacy, through on or about April 11,
2023, Kinray sold and delivered Goods to AR & MR Pharmacy on credit. AR & MR Pharmacy
paid for a portion of the Goods sold and delivered, but did not pay for the Goods in full.
8. The agreed upon and reasonable value of the Goods sold and delivered by Kinray
to AR & MR Pharmacy, but not paid for by AR & MR Pharmacy, inclusive of late charges
through May 15, 2023, is $130,336.06.
9. Kinray has duly demanded payment from AR & MR Pharmacy in the amount of
$130,336.06; however, AR & MR Pharmacy has failed to pay any part of said sum.
10. By reason of the foregoing, Kinray is entitled to judgment against AR & MR
Pharmacy in the amount of $130,336.06 plus late charges and interest from May 16, 2023,
together with the costs and disbursements of this action, including reasonable attorneys’ fees.
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AS AND FOR A SECOND CAUSE OF ACTION
11. Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
“10” of this Complaint with the same force and effect as if set forth fully at length herein.
12. In order to obtain credit from Kinray, on or about April 11, 2003, AR & MR
Pharmacy executed and delivered a credit application to Kinray (the “Credit Application”).
13. Under the terms of the Credit Application, AR & MR Pharmacy agreed to remit
all payments to Kinray for Goods sold and delivered in a timely manner.
14. Under the terms of the Credit Application, AR & MR Pharmacy agreed to pay
Kinray a late payment charge of one and one-half percent (1.5%) per statement cycle on all
delinquent balances.
15. Under the terms of the Credit Application, AR & MR Pharmacy agreed to
reimburse all costs and expenses incurred by Kinray, including attorneys’ fees, incurred in the
event AR & MR Pharmacy defaulted under the Credit Application.
16. By failing to remit payments in a timely manner, AR & MR Pharmacy defaulted
under the terms of the Credit Application.
17. Kinray has fully complied with all of the terms and conditions of the Credit
Application.
18. By reason of the foregoing, Kinray is entitled to judgment against AR & MR
Pharmacy in the amount of $130,336.06 plus late charges and interest from May 16, 2023,
together with the costs and disbursements of this action, including reasonable attorneys’ fees.
AS AND FOR A THIRD CAUSE OF ACTION
19. Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
“18” of this Complaint with the same force and effect as if set forth fully at length herein.
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20. As a direct and proximate result of the aforesaid, AR & MR Pharmacy has been
unjustly enriched.
21. By reason of the foregoing, Kinray is entitled to judgment against AR & MR
Pharmacy in the amount of $130,336.06 plus late charges and interest from May 16, 2023,
together with the costs and disbursements of this action, including reasonable attorneys' fees.
AS AND FOR A FOURTH CAUSE OF ACTION
22. Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
“21” of this Complaint with the same force and effect as if set forth fully at length herein.
23. Kinray invoiced AR & MR Pharmacy for the purchase of the Goods, which
invoices were duly accepted and acknowledged by AR & MR Pharmacy as true and accurate.
24. As a direct and proximate result of the aforesaid, there exists an account stated
between Kinray and AR & MR Pharmacy.
25. By reason of the foregoing, Kinray is entitled to judgment against AR & MR
Pharmacy in the amount of $130,336.06 plus late charges and interest from May 16, 2023,
together with the costs and disbursements of this action, including reasonable attorneys' fees.
AS AND FOR A FIFTH CAUSE OF ACTION
26. Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
“25” of this Verified Complaint with the same force and effect as if set forth fully at length
herein.
27. On or about April 11, 2003, AR & MR Pharmacy executed and delivered a
Security Agreement to Kinray (the “Security Agreement”). Under the terms of the Security
Agreement, AR & MR Pharmacy provided Kinray with a blanket lien on its assets, including but
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not limited to, inventory, accounts receivable, prescription files, fixtures, furniture, bank
accounts and the proceeds thereon (collectively, the “Collateral”).
28. On or about August 3, 2000, Kinray effectuated the filing of a UCC -1 Financing
Statement with the Department of State of New York, thereby perfecting its blanket lien on the
Collateral.
29. On or about March 18, 2005, March 17, 2010, March 20, 2015 and June 18, 2020,
Kinray effectuated the filing of UCC-3 Continuation Amendments with the Department of State
of New York, thereby continuing its blanket lien on the Collateral.
30. A lien search has confirmed that Kinray holds the priority lien on the Collateral.
31. Despite not being required to provide AR & MR Pharmacy with a notice of
default, by letters, dated April 25, 2023 and April 5, 2024, AR & MR Pharmacy was placed on
notice of its default.
32. Despite due and repeated demands, AR & MR Pharmacy has failed and/or refused
to cure the default.
33. By reason of the foregoing, Kinray is entitled to judgment against AR & MR
Pharmacy in the amount of $130,336.06 plus late charges and interest from May 16, 2023; and
an order of seizure requiring AR & MR Pharmacy to deliver the Collateral to Kinray, and in the
event the Collateral is not delivered to Kinray, the Sheriff may break open, enter and search the
Premises and/or any place in which the Collateral may be found, and seize the Collateral
sufficient to satisfy the indebtedness, together with the costs and disbursements of this action,
including reasonable attorneys’ fees.
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AS AND FOR A SIXTH CAUSE OF ACTION
34. Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
“33” of this Complaint with the same force and effect as if set forth fully at length herein.
35. For the purpose of securing any and all obligations due and owing from AR &
MR Pharmacy to Kinray, in connection with the Credit Application, Rozenbaum executed and
delivered a personal guaranty to Kinray (the “Personal Guaranty”).
36. Pursuant to the Personal Guaranty, Rozenbaum agreed that in consideration of,
and to induce Kinray to extend credit to AR & MR Pharmacy, he would, absolutely and
unconditionally, guarantee the prompt payment of all monies due and owing from AR & MR
Pharmacy to Kinray.
37. Pursuant to the Personal Guaranty, Rozenbaum is liable for all sums due as a
result of AR & MR Pharmacy having defaulted under its payment obligations to Kinray,
including costs and attorneys’ fees.
38. By reason of the foregoing, Kinray is entitled to judgment against Rozenbaum in
the amount of $130,336.06 plus late charges and interest from May 16, 2023, together with the
costs and disbursements of this action, including reasonable attorneys' fees.
WHEREFORE, Kinray demands judgment against Defendants as follows:
1. On the First through Fourth Causes of Action against AR & MR Pharmacy in
the amount of $130,336.06 plus late charges and interest from May 16, 2023,
together with the costs and disbursements of this action, including reasonable
attorneys' fees;
2. On the Fifth Cause of Action against AR & MR Pharmacy in the amount of
$130,336.06 plus late charges and interest from May 16, 2023; and an order of
seizure, directing AR & MR Pharmacy to deliver possession of the Collateral
to Kinray and in the event that the Collateral is not delivered to Kinray, the
Sheriff may break open, enter and search the Premises and/or any place in
which the Collateral may be found, and seize the Collateral sufficient to
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satisfy the indebtedness, together with the costs and disbursements of this
action, including reasonable attorneys’ fees;
3. On the Sixth Cause of Action against Rozenbaum in the amount of
$130,336.06 plus late charges and interest from May 16, 2023, together with
the costs and disbursements of this action, including reasonable attorneys'
fees; and
4. For such other and further relief as this Court may deem just and proper.
Dated: White Plains, New York
April 26, 2024
KURZMAN EISENBERG
CORBIN & LEVER, LLP
By:_______________________
Bruce W. Bieber, Esq.
Attorneys for Plaintiff,
Cardinal Health 110, LLC,
successor in interest to
Kinray, LLC
One North Broadway, 12th Fl.
White Plains, NY 10601
(212) 922-0816
bbieber@kelaw.com
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ATTORNEY VERIFICATION
Bruce W. Bieber, an attorney admitted to practice in the Courts of New York State, state
that I am a member of the firm of Kurzman Eisenberg Corbin & Lever, LLP, attorneys of record
for the 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 the matters therein stated to be
alleged on information and belief, and as to those matters, I believe them to be true. The reason
this Verification is made by me and not by Plaintiff is that Plaintiff maintains its principal place
of business in a county other than where I maintain my offices. The grounds of my belief as to
all matters not stated upon my own knowledge are as follows: conversations with Plaintiff and
various books and records.
I affirm that the foregoing statements are true under the penalties of perjury.
Dated: White Plains, New York
April 26, 2024
_________________
Bruce W. Bieber
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