2325 COM Cover Letter re Zinnia Health Objection w Exs

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