1) Plaintiffs Independence are located in Erie County, New York with an address at 5195 Genesee Road, Springville, New York 14141.
2) Defendants, Galten Farms Ltd. and Charlotte Schitkedanz, are, upon information and belief, residents of Ontario, Canada with an address at 10206 Warden Ave. Markham, Ontario, Canada.
3) Defendant Thomas Nowasky is, upon information and belief, a resident of Ontario, Canada with an address at 10206 Warden Ave., Markham, Ontario.
Jurisdiction
4) U.S.C. section 1332 (a)(2) provides for diversity jurisdiction where there is more than $75,000.00 in controversy. In this case, the amount in controversy exceeds $700,000.00.
5) Since about 1991, Plaintiffs Imiependence and Defendants Galten Farms Ltd. and Charlotte Schitkedanz have been engaged in business relationships involving the purchase, training and sale of horses.
6) Defendants Galten Farms Ltd./Schitkedanz/Nowasky were to pay all expenses associated with horses sent to Plaintiffs and the net proceeds, when sold were tobe divided among the parties.
7) That relationship changed in the spring of 2008, when Defendants stopped making payments for the horses, beyond a mere $6,234.50.
8) Plaintiffs billed regularly, but received no payment.
9) The amount now due and owing is more than $700,000.00.
As and For a First Cause of Action in Contract and Quasi Contract
10) Plaintiffs have performed all requested tasks, have billed the Defendants, and Defendants have not paid.
11) Plaintiffs request payment in full for $902,965.90, less one half of the gross proceeds of sale for all horses since Match 2008.
As and For a Second Cause ofAction for Declaratory Relief
12) Plaintiffs have responsibly cared for all horses in every case, and have continued to make regular payments for the care of the horses, even in the absence of contribution from Defendants.
13) Failure to provide for veterinary and care needs for these horses would endanger the animals. Defendants' failure and or refusal to provide payment has compromised the welfare of these horses, and has financially crippled Plaintiffs' professional abilities.
14) Now, and since the beginning of September, 2011, Defendants have engaged in a practice of intimidation and deceit, by visiting Plaintiffs' places of business with the intent to illegally and improperly remove horses that are the subject of the cooperative business relationship.
15) Plaintiffs have a right to exercise their lien pursuant to NY Lien Law Section 183, and have given the required notice to Defendants, a copy of which is appended as Exh. A.
16) Plaintiffs now seek declaratory relief from this Court, affirming that Plaintiffs have a statutory right to maintain possession of the horses and to offer them for sale with full right and title to convey, and to deposit all proceeds of said sales into an escrow account and thereafter obtain direction from this Court for the appropriate disposition of said funds. As and for a third Cause of Action for an Injunction.
17) Plaintiffs respectfully request an immediate injunction from this Court, directing that Defendants and any employee or agent, cease any actions taken to take possession of any horse which is in the care, custody and control of the Plaintiffs, pending a determination by this Court of the rights and responsibilities of all parties to this litigation.
18) Such an injunction not only respects the protections afforded by Section 183, of the New York Lien Law, but also protects the status quo pending resolution in this Court, and is consistent with the previous business relationship of the parties.
Wherefore, Plaintiffs respectfully request an injunction preventing any Defendant or anyone acting at the direction of any Defendant from attempting to take possession of any horse or horses in the care, custody or control of plaintiff, and further requests compensation in the amount of $717,715.65, for all sums owing by any Defendant for board and training costs associated with any of the horses that are the subject of this litigation, and for such other and further relief as is just.
Darren Chiacchia, individually
and as Officer of Independence Farm, LLC