2325 COM Cover Letter re Zinnia Health Objection w Exs

-13- CERTIFICATION PURSUANT TO R.4:5-1 Pursuant to R. 4:5-1, the undersigned hereby certifies that this controversy is not the subject of any other action pending in any other Court or of a pending arbitration proceeding, nor is any action or arbitration proceeding contemplated, nor are other parties required to be joined in this action. DESIGNATION OF TRIAL COUNSEL Plaintiff designates Paul G. Hunczak, Esq., as trial counsel in this matter. JURY DEMAND Plaintiff hereby demands trial by jury of all issues so triable. MORRIS, DOWNING & SHERRED, LLP Attorneys for Plaintiff, Linda Rodgers-Cromer, LCADC ____________________________________________ Paul G. Hunczak Attorney I.D. #039691989 Douglas C. Gray Attorney I.D. #008672007 Dated: July 19, 2023ESX-L-004622-23 07/19/2023 2:53:48 PM Pg 13 of 13 Trans ID: LCV20232124530

Exhibit 2b Sysco Metro New York, LLC v. Zinnia Health, LLC, et. al, Docket No.: BER-L-000272-24

LAW OFFICES OF JOSEPH A. MOLINARO, L.L.C. 648 Wyckoff Avenue Wyckoff, New Jersey 07481 (201) 857-3075 Attorney ID# 001491994 jam@molinarolaw.com Attorney for Plaintiff - Our File No. 16082 SYSCO METRO NEW YORK, LLC Plaintiff, v. ZINNIA HEALTH, LLC, AW II, LLC doing business as ENDEAVOR HOUSE NORTH, LLC and ADVANCED HEALTH AND EDUCATION, LLC Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY DOCKET # CIVIL ACTION COMPLAINT Plaintiff, Sysco Metro New York, LLC who transacts business throughout the State of New Jersey including Bergen County, State of New Jersey, by way of Complaint against Defendants Zinnia Health, LLC, AW II, LLC doing business as Endeavor House North, LLC and Advanced Health Education, LLC, says: FACTS COMMON TO ALL COUNTS AND AS TO THE FIRST COUNT/BREACH OF CONTRACT 1. Plaintiff Sysco Metro New York, LLC sold and delivered to the Defendants Zinnia Health, LLC, AW II, LLC doing business as Endeavor House North, LLC and Advanced Health and Education, LLC (hereinafter “Defendants”) businesses located in Kearny, Hudson County, State of New Jersey at its request certain goods, wares and merchandise or otherwise provided service to Defendants. 2. Plaintiff has performed all of its contractual obligations and tendered its requiredBER-L-000272-24 01/16/2024 10:12:07 AM Pg 1 of 5 Trans ID: LCV2024122730

performance to Defendants. 3. Credit has been given all payments, and there remains due and owing from Defendants to Plaintiff the Principal sum of $63,714.07 plus reasonable attorney fees of $14,760.24 (per the contract between the parties) for a total sum due of $78,474.31, exclusive of pre-judgment and post-judgment legal interest and costs. 4. Payment of the aforesaid sum has been demanded and has not been made. 5. As a result thereof, plaintiff has sustained damage. WHEREFORE, Plaintiff demands judgment against Defendants Zinnia Health, LLC, AW II, LLC doing business as Endeavor House North, LLC and Advanced Health and Education, LLC, jointly, severally or in the alternative for the sum of $78,474.31 plus pre-judgment and post judgment contract or legal interest, attorneys fees, costs of suit and for whatever further and other relief the court finds appropriate and just. SECOND COUNT QUANTUM MERIT/UNJUST ENRICHMENT 1. Plaintiff repeats and realleges the allegations set forth in preceding paragraphs as if same were set forth at length herein. 2. Defendants owes the Plaintiff Sysco Metro New York, LLC for the reasonable value of goods sold and delivered or services provided upon the promise of the Defendants to pay a reasonable price for same. 3. Plaintiff tendered performance to Defendants based upon the express and/or implied promise by Defendants to compensate Plaintiff for the value of goods sold and delivered and/or services provided. 4. Plaintiff expected that defendants would provide the requisite remuneration at the time they tendered performance and it would be unjust for Defendants to receive the goods soldBER-L-000272-24 01/16/2024 10:12:07 AM Pg 2 of 5 Trans ID: LCV2024122730

and/or delivered without accounting to Plaintiff for same. 5. It would be inequitable if these Defendants were to receive the benefit of the goods sold and delivered and/or the services provided and not be made to account to the Plaintiff for the fair value of goods sold and delivered by Plaintiff. 6. Remuneration has been demanded but has not been made. WHEREFORE, Plaintiff demands judgment against Defendants Zinnia Health, LLC, AW II, LLC doing business as Endeavor House North, LLC, Advanced Health and Education, LLC jointly, severally or in the alternative for the sum of $78,474.31 plus pre-judgment and post judgment contract or legal interest, costs of suit and for whatever further and other relief the court finds appropriate and just. THIRD COUNT BOOK ACCOUNT 1. Plaintiff repeats and realleges the allegations set forth in the preceding paragraphs as if same were set forth at length herein. 2. Plaintiff's books and records reflect that there are monies owed and outstanding by Defendants to Plaintiff. 3. Plaintiff's records establish that there is due from Defendants to Plaintiff Sysco Metro New York, LLC the sum of $78,474.31on a certain book account. 4. Payment of the aforesaid sum has been demanded, but the Defendants have failed to pay same. WHEREFORE, Plaintiff demands judgment against Defendants Zinnia Health, LLC, AW II, LLC doing business as Endeavor House North, LLC and Advanced Health and Education, LLC, jointly, severally or in the alternative for the sum of $78,474.31 plus pre-judgment and post judgment contract or legal interest, costs of suit and for whatever further and other relief the courtBER-L-000272-24 01/16/2024 10:12:07 AM Pg 3 of 5 Trans ID: LCV2024122730

finds appropriate and just. FOURTH COUNT ACCOUNT STATED 1. Plaintiff repeats and realleges the allegations set forth in the preceding paragraphs as if same were set forth at length herein. 2. Plaintiff has tendered to Defendants its statement relating to monies owed on account. 3. Plaintiff's statement disclose that there is due from Defendants to Plaintiff Sysco Metro New York, LLC the sum of $78,474.31 upon an account stated between them. 4. Defendants did not dispute the accuracy or correctness of Plaintiff's statements and invoices. 5. Payment of the aforesaid sum has been demanded and has not been made. WHEREFORE, Plaintiff demands judgment against Defendants Zinnia Health, LLC, AW II, LLC doing business as Endeavor House North, LLC and Advanced Health and Education, LLC, jointly, severally or in the alternative for the sum of $78,474.31 plus pre-judgment and post judgment legal interest, costs of suit and for whatever further and other relief the court finds appropriate and just. Law Offices of Joseph A. Molinaro, LLC. Joseph A. Molinaro JOSEPH A. MOLINARO DESIGNATION OF TRIAL COUNSEL Pursuant to Rule 4:25-4, Joseph A. Molinaro, Esq. is hereby designated as trial counsel for the plaintiff in the within matter.BER-L-000272-24 01/16/2024 10:12:07 AM Pg 4 of 5 Trans ID: LCV2024122730

RULE 4:5-1 CERTIFICATION The undersigned hereby certifies to the best of my knowledge and as advised by Plaintiff, that this matter is not the subject of any other action pending in any other court of a pending arbitration proceeding and there are no other parties known who should be joined into this action. RULE 1:38-7(b) DISCLOSURE I certify that confidential personal identifiers have been redacted from documents now submitted to the Court, and will be redacted from all documents submitted in the future in accordance with R.1:38- 7(b). Law Offices of Joseph A. Molinaro, LLC /s/Joseph Molinaro JOSEPH A. MOLINARO Dated: January 16, 2024BER-L-000272-24 01/16/2024 10:12:07 AM Pg 5 of 5 Trans ID: LCV2024122730

Exhibit 3 November 29, 2016 Complaint and February 6, 2017 Final Judgment

Case 1:16-cv-06606 Document 1 Filed 11/29/16 Page 1 of 20 PageID #: 1

Case 1:16-cv-06606 Document 1 Filed 11/29/16 Page 2 of 20 PageID #: 2