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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------------------------------------------------X PIONEER INITIATIVES, INC., independently, and PIONEER INITIATIVES, INC., derivatively on behalf of all creditors ofFLG Lacrosse, Inc., Plaintiffs, - against - fl$ LACROSSE, INC. a/k/a FOR THE LOVE OF THE GAME and GREG MICHAEL WINK.OFF, individually, Defendants. --------------------------------------------------------------------X SUMMONS TO THE ABOVE-NAMED DEFENDANTS: Index No. Plaintiff Designate Nassau County as the place of trial. The basis of venue is the Residence of Plaintiff Pioneer Initiatives, Inc. YOU ARE SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a Notice of Appearance, on the plaintiff's attorneys within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after 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: May 8, 2018 W antagh, New York To: Michael Winkoff, President fl$ Lacrosse, Inc. 345 Main Street, Unit #8 Huntington, NY 11743 Michael Winkoff, Individually 47 Crescent Beach Drive Huntington, NY 11743
VERIFIED COMPLAINT PIONEER INITIATIVES, INC., independently, and Pioneer Initiatives, Inc., derivatively on behalf of all creditors of fl$ Lacrosse, Inc. (the "Plaintiff') by and through its undersigned counsel, LaMonica Herbst & Maniscalco, LLP, as and for its verified complaint (the "Complaint") against defendants fl$ LACROSSE, INC. a/k/a FOR THE LOVE OF THE GAME ("fl$ Lacrosse") and GREG MICHAEL WINKOFF, individually ("Winkoff') ( collectively, fl$ Lacrosse and Winkoff shall be referred to as "Defendants"), alleges as follows: Preliminary Statement I. Plaintiffs bring these claims independently and derivatively on behalf of all creditors of defendant fl$ Lacrosse for, among other things, breach of contract, fraudulent inducement and breach of fiduciary duty. As more fully set forth herein, there can be no doubt that the individual defendant Greg Michael Winkoff has engaged, and continues to engage, in a fraud on the Plaintiffs and the creditors of the defendant fl$ Lacrosse. Through his manipulation, misrepresentation and fraudulent inducement, he caused a buyout of the defendant fl$ Lacrosse and has been using the cash flow and revenue of the company for his own personal purposes and diverting it to third parties for his benefit. In doing so, he has purposely defaulted on a Consulting Agreement only four (4) months after execution despite having the financial ability to pay it, and has threatened to place the company into bankruptcy or simply shut it down. Not only does this jeopardize the continued viability of the defendant fl$ Lacrosse, but also the hundreds of players who participate in its programs and the various contracts for tournaments over the next several years. His actions and behavior are inconsistent with sound logical principles and reasonable business judgment. At the very least, he should be removed from his position and this Court should consider the immediate appointment of a receiver who will act in the best interest of the company, the players, and all of its creditors. But for judicial intervention, the individual defendant Greg Michael Winkoff is likely to continue diverting corporate assets for his personal benefit and that of his family to the detriment of defendant fl$ Lacrosse and its creditors. THE PARTIES 2. Plaintiff Pioneer Initiatives, Inc. is a New York corporation with a principal place of business at 1400 Old Country Road, Westbury, New York 11590. 3. Defendant fl$ Lacrosse is a New York corporation with a principal place of business at 345 Main Street, Unit #8, Huntington, New York 11743. 4. Defendant Greg Michael Winkoff is an individual citizen of the United States with a personal residence at 4 7 Crescent Beach Drive, Huntington, New York 117 43. |