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E2018004095
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/01/2018
Plaintiff,
Date Purchased:
BRUCE BEN-DOV
a/k/a BRUCE S BEN DOV, SUMMONS
plaintiffs'
YOU ARE HEREBY SUMMONED and required to serve upon attorney, at
If this summons was personally delivered to you in the State of New York, the answer
must be served within twenty days after such service of summons, excluding the date of service.
If the summons was not personally delivered to you within the State of New York, the answer
must be served within thirty days after service of the summons is complete as provided by law.
If you do not serve an answer to the attached complaint or otherwise appear within the
applicable time limitation stated above, a judgment may be entered against you by default for the
The action will be heard in the Supreme Court of the State of New York, in and for the
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/01/2018
This action is brought in the County of Monroe because it is the place of defendant's
residence, with an address at: 728B Krieger Road, Webster, New York 14580.
Suffern, NY 10901
877-305-0433
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Plaintiff,
-against- COMPLAINT
BRUCE BEN-DOV
a/k/a BRUCE S BEN DOV,
Defendant.
(" Express"
CENTURION BANK ("American Express"), by and through its attorneys, as and for its
complaint herein against defendant Bruce Ben-Dov a/k/a Bruce S Ben Dov ("Ben-Dov"), hereby
alleges as follows:
The Parties
I
CENTURION BANK (American Express) a national bank under the laws of the United States
of America with its office located at 4315 S. 2700 West, Salt Lake City, Utah, 84184 (hereinafter
Express"
singularly or collectively referenced as "American Express").
2. Upon information and belief, at all relevant times, Ben-Dov was and is an
individual who resides in the County of Monroe in the State of New York, at 728B Krieger
[1] On April 1, 2018 American Express Centurion Bank changed its name to American Express
National Bank. https://www.occ.treas.gov/topics/licensing/interpretations-and-
See,
actions/2018/inte retations-and-actions-'an-2018.html. See also, 12 U.S.C. $ 35; 12 CFR 5.24.
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The Fagts
3. At all relevant times, Ben-Dov was the holder of a American Express Premier
Card"
Rewards Gold Card (the "Premier Rewards Gold ) that enabled him/her to charge items to
the American Express Premier Rewards Gold Card account (account no. xxxx-xxxxxx-x1009)
4. By accepting and using the Premier Rewards Gold Card , Ben-Dov agreed to all
of the terms and conditions set forth in the "Agreement Between Premier Rewards Gold
Bank" "Agreement"
Cardmember and American Express Centurion (the "Agreement"), which was provided to
5. The terms and conditions of the Agreement between the Card Member and
Due"
b. Ben-Dov agreed to pay the "Minimum Amount by the due date
American Express.
c. Ben-Dov agreed that American Express may impose late fees, in amounts set
"default"
d. Ben-Dov further agreed that, upon (as that term is used in the
Express in protecting itself from any harm it may suffer as a result of any such
default.
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6. Ben-.Dov used the Premier Rewards Gold Card to charge various items to the
Premier Rewards Gold Card Account for which he/she never made payment.
7. American Express sent monthly statements to Ben-Dov for the Account, showing
the Minimum Amount Due on the Premier Rewards Gold Card Account.
8. Ben-Dov violated the Agreement by refusing to remit the Minimum Amount Due
9. Ben-Dov's failure to pay the Minimum Amount Due constituted a default under
the Agreement and lead to the account becoming delinquent. As a result, American Express
suspended Ben-Dov's charge privileges on the Premier Rewards Gold Card Account and the
10. Thus, due to Ben-Dov's failure to remit timely payment to American Express,
11. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
12. In violation of the Agreement requiring payment of the Minimum Amount Due on
the Premier Rewards Gold Card Account, Ben-Dov has failed and refused to make the payments
to American Express as set forth in the Premier Rewards Gold Card monthly statements. As a
result, American Express suspended Ben-Dov's charge privileges on the Premier Rewards Gold
Card Account.
13. Ben-Dov agreed to pay for all items charged to the Premier Rewards Gold Card
Account. In addition, Ben-Dov agreed to pay American Express late fees and court costs in the
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event that American Express referred the Premier Rewards Gold Card Account to its attorneys
for collection.
14. As set forth above, Ben-Dov is currently indebted to American Express for unpaid
15. Despite due demand, Ben-Dov has failed and refused to pay American Express
16. As a result of Ben-Dov's failure to pay the amount that he/she owes, American
Express referred its claim against Ben-Dov to its attorneys for collection.
Ben-Dov for breach of contract in the sum of $10,698.52, plus court costs.
18. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
19. American Express duly issued and sent to Ben-Dov, the "Premier Rewards Gold
Card monthly statements which set forth in detail all items charged to the Premier Rewards Gold
Card Account and the total amount due and owing by Ben-Dov to American Express on the
20. Ben-Dov received the Premier Rewards Gold Card monthly statements without
protest and neither objected to them nor indicated that were erroneous in any respect. Ben-
they
Dov thereby acknowledged that the debt owed to American Express, as set forth in the Premier
Ben-Dov for an account stated in the amount of $10,698.52 plus court costs.
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22. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
23. Ben-Dov benefited from all of the charges made to the Premier Rewards Gold
Card Account, has acknowledged receipt of those benefits, and has failed to pay for same.
24. Given Ben-Dov's failure to make payment for the outstanding balance owed with
respect to the Premier Rewards Gold Card Account, and the fact that Ben-Dov was the
beneficiary of all items charged to the Premier Rewards Gold Card Account, Ben-Dov would be
unjustly enriched to American Express's detriment unless judgment is entered against them for
the full balance due and owing on the Premier Rewards Gold Card Account.
25. As set forth above, Ben-Dov has been unjustly enriched to American Express's
detriment.
Ben-Dov for unjust enrichment in an amount to be determined at trial, plus court costs.
(i) As for the first cause of action, plaintiff American Express National Bank
(ii) As for the second cause of action of the complaint, plaintiff American
court costs;
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(iii). As for the third cause of action, plaintiff American Express National
costs; and
(iv) for such other and further relief as this Court deems just and proper.
Suffern, NY 10901
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Rule 130-1.1a
Pursuant to 22 NYCRR 130-1.1a, the undersigned attorney hereby certifies under the penalties of
perjury and as an officer of the court that to the best of my knowledge, information and belief,
formed after an inquiry reasonable under the circumstances, the presentation of this document or
the contentions therein are not frivolous.
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- against -
BRUCE BEN-DOV
a/k/aBRUCE S BEN DOV,
Defendant.
Plaintiff
__Antho
Antho y igliaccio, Jr., Esq.
__Jos
Jos urr, Esq.
_ e j n Marashlian, Esq.
St Attorneys for the Plaintiff,
American Express National Bank
f/k/a American Express Centurion Bank,
Please send all correspondence to:
Suffern, NY 10901
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