Residing at:
c/o Macklowe Properties
142 West 57 Street
New York, New York 10019
Plaintiff,

SUMMONS

-againstBANK MELLI IRAN d/b/a MELLI BANK PLC.,
Residing at:
767 Fifth Ave., 44'h F1.

The basis of Venue:
Residence of plaintiff

TO THE ABOVE NAMED DEFENDANT(S):

YOU ARE HEREBY SUMMONED TO APPEAR and answer the Verifie
action and to serve a copy of your answer upon Plaintiffs attorney within twenty (203 days from 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 upon
your failure to answer, judgment will be taken against you for the relief demanded in the complaint,
together with the costs and disbursements of this action.
The basis of venue is the Plaintiff's place of business or residence
Plaintiff designates New York County as the place of trial.
Dated: Bellmore, New York
April 1,2004
Yours etc:,,,

Attorney for Plaintiff
263 1 Merrick Road, Suite 20 1
Bellmore, New York 11710
(5 16) 409-6900

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 Plaintiff,

F I LVrECOMPLANT

-againstBANK MELLI IRAN d/b/a MELLI BANK PLC,

as and for its Verified Complaint, hereby avers as follows:

1. At all times herein mentioned, Plaintiff is a foreign limited liability company duly
authorized by the New York Secretary of State to transact business in the State, County and City of
New York.
2. Upon information and belief, Defendant, Bank Melli Iran d/b/a Melli Bank PLC, is a
foreign bank licensed by the New York Superintendent of Banks to conduct certain banking and
related business transactions in the State of New York, County of New York, and said Defendant
is transacting business in the State, County and City ofNew York, and the instant causes of

action are based upon said transactions of business

INTRODUCTION
The Lease of Bank Melli Iran d/b/a Melli Bank PLC

3. By Lease dated December 22, 1994, Defendant, Bank Melli Iran, as Tenant and
Longstreet Associates, L.P. agreed to the rental of approximately 7,000 square feet on the 44Ih
floor, at 767 Fifth Ave., New York City, as more particularly described in the floor plan
consisting of the Schedule “A” attached to the Lease (hereinafter the “Demised Premises”) for a

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 term commencing on Fcbruary 1, 1995 and ending at noon on the last day of the month in which
the day immediately preceding the tenth anniversary of the Commencement date shall occur for a
rent and additional rent more particularly set forth in the Lease (hereinafter the “Lease”)
4. The stated purpose for the rental was for the Tenant to use and occupy the Demised
Premises “for executive offices, sales offices and/or general offices for the conduct of any lawful
and reputable business. . . ”

5. By First Amendment of Lease dated March 17, 1995, the parties agreed to add 1,300
square feet of rentable space and increasing the fixed rent and Tenant’s Proportionate Share.
6. By Commencement Date Agreement dated May 23, 1995, the parties agreed that the

Lease would commence on April 1, 1995 and terminate or expire (unless sooner terminated by
operation of the Lease terms) on March 3 1,2005.
7. On September 26,2003, Plaintiff purchased the building and real estate known as 767
Fifth Avenue, New York City.

Defendant’s Failure to Pay Rent.
8. Defendant failed to pay the Rent and /or additional rent from October 30,2003 through

April 1,2004 totaling $274,409.60, as more fully set forth in the statement of account dated March
19,2004, which along with the IO-day demand, is attached hereto as Exhibit “A”.

9. Plaintiff has not received any payments of rent and/or additional rent prior to October 30,
2003.

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 AS AND FOR A FIRST CAUSE OF ACTION
AGAINST DEFENDANT BANK MELLI IRAN d/b/a
MELLI BANK PLC

10. Plaintiff repeats and realleges each and every allegation contained in paragraphs “1”
through “9”, supra, as if more fully set forth at length herein.
1 1 . The Lease provides as follows:
1.04. Tenant shall pay to Landlord without notice or demand and
without abatement, deduction or set-off, in lawful money of the
United States of America, as the office of Landlord or at such other
place as Landlord may designate, the Fixed Rent and Additional Rent
reserved under this Lease for each year of the Term, which payments
shall consist of:

The First Amendment of Lease dated March 17, 1995 provides as follows:

4. As of the date hereof, the Lease shall be amended as follows:
(a) Section 1.04 of the Lease shall be amended to provide that the
annual rate of Fixed Rent shall be increased by $68,250 to
$435,750...
The Lease further provides as follows:

1.04(B) Additional rent (“Additional Rent”) consisting of all such
other sums of money as shall become due from and payable by
Tenant to Landlord hereunder, payable in monthly installments in
advance, unless specifically provided herein to the contrary, on the
first day of each and every calendar month during the Term.
1.07 landlord shall have the same remedies for any default in the
payment of any installment or item of Additional Rent as is provided
hereunder for any default in the payment of Fixed Rent.

4.02(A) If Taxes in any Tax Year shall increase above Base Year
Taxes, then Tenant shall pay as Additional Rent Tenant’s
Proportionate Share of such increase.
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 5.02 For each Operating Year commencing during the term of this
Lease, Tenant shall pay an amount (hereinafter referred to as an
‘‘Operating Payment” equal to Tenant’s Proportionate Share of the
amount by which the Operating Expenses for such Operating Year
exceed the Operating Expenses for the Base Operating Year.
15 .O 1 (C) Whenever at any time during the Term an adjustment in the
Electrical Energy Sum shall be due by Landlord.. Landlord shall

furnish to Tenant a statement in writing of Landlord’s determination
of the amount of said adjustment.. . The amount of such adjustment in
Fixed Rent, as specified in any such statement of Landlord, shall
become binding upon the parties hereto unless, within sixty (60) days
after Landlord shall have furnished to Tenant such statement, Tenant
notifies Landlord in writing that Tenant disputes the amount of such
adjustment in Fixed Rent so determined by Landlord.. . Tenant shall
pay to Landlord the amount of such adjustment in Fixed Rent
specified in Landlord’s statement.

24.02 This Lease and the Term and estate hereby granted are subject
to the further limitation that
A. Whenever Tenant shall default in the payment of any
installment of Fixed Rent or Additional Rent, on any day
upon which the same shall be due and payable and such
default shall continue for ten (10) days after landlord
shall have given Tenant a notice specifying same, or
D. when ever tenant shall abandon the Demised Premises,
Then in any such event at any time thereafter, Landlord may give the
Tenant a notice of intention to end the Term at the expiration of five
( 5 ) days from the date of service of such notice of intention, and upon
the expiration of said five ( 5 ) days this Lease and the Term and estate
hereby granted, whether or not the term shall theretofore have
commenced, shall terminate with the same effect as if that day were
the Expiration Date, but Tenant shall remain liable for damages as
provided in Article 26.

25.01. ...In the event of any termination of this Lease under the
provisions of Article 24 . , .or by suitable action or proceeding
at law, or . , .otherwise by reason of default hereunder on the
part of Tenant, Tenant shall thereupon pay to Landlord Fixed
Rent and Additional Rent due up to the time of such
termination of his Lease, and shall also pay to Landlord
damages as provided in Article 26.
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 26.01. If this Lease is terminated under the provisions of Article 24,
or if Landlord shall re-enter the Demised Premises under the
provisions of Article 25, or in the event of the termination of
this Lease, or . ..by suitable action or proceeding at law or . . .
otherwise, by reason of default hereunder on the part of
Tenant, Tenant shall pay to Landlord as damages, at the
election of Landlord.. .
B. sums equal to Fixed Rent and Additional Rent (as above
presumed) payable hereunder which would have been payable
by Tenant had this Lease not so terminated, or had Landlord
not so re-entered the Demised Premises, payable quarterly but
otherwise upon the terms therefore specified herein following
such termination or such re-entry and until the Expiration
Date.. .
12. On or about October 30, 2003, Defendant moved out and abandoned the Demised
Premises, which remains vacant.

13. On March 18, 2004, Plaintiff delivered a ten (10) day notice to cure the defendant’s
default in payment of Rent and Additional Rent, and demanded payment of $274,409.60, but the
default has continued without cure for more than ten days.
14. The March 19,2004 statement of account consists of unpaid rent, and additional rent of
real estate tax escalation, electrical charges, and operating cost escalations.
15. Defendant received and retained the statement of account for each month from

November 1,2003 through March 19,2004 and has never objected to any statement of account as
being untrue or inaccurate.

16. By virtue of the foregoing, Plaintiff is entitled to a judgment against Defendant for
unpaid Fixed Rent and Additional Rent totaling $274,409.60 plus interest accruing thereon at the
legal rate from April 1, 2004.

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 AS AND FOR A SECOND CAUSE OF ACTION
AGAINST DEFENDANT BANK MELLI IRAN d/b/a
MELLI BANK PLC
17. Plaintiff repeats and realleges each and every allegation contained in paragraphs “1”
through “1 6”, supra, as if more fully set forth at length herein.

18. The Lease provides as follows:
29.01 If Tenant shall default in the performance of any covenant, agreement,
term, provision or condition herein contained beyond the expiration of any
applicable notice or grace periods.. .Bills for any . . . reasonable and necessary
bills for all costs, expenses and disbursements, including (without being
limited to) reasonable counsel fees, incurred in collecting or endeavoring to
collect Fixed Rent, additional Rent or other charges or any part thereof
. , ,shall immediately become due and payable as Additional Rent under this
Lease. . .
19. Plaintiff retained the services of Henry E. Rakowski, Esq., as collection counsel to
collect the unpaid Rent and Additional Rent and has paid $37,500 to date and will, upon collection
be required to pay an additional 5% of all sums collected, which assuming a full collection (without
accrued interest) will be an additional $13,720.48. By virtue of the foregoing, Plaintiff is entitled to
a judgment for liquidated legal fees in the sum of $5 1,220.48,representing only 18.7% of the amount
to be collected.

WHEREFORE, Plaintiff respectfully demands judgment as follows:
1. Against Defendant, Bank Melli Iran d/b/a Melli Bank PLC on the first

cause of action for the sum of $274,409.60 plus interest accruing thereon at

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 the legal rate from April 1, 2004;
2. Against Defendant, Bank Melli Iran d/b/a Melli Bank PLC on the second
cause of action for the sum of $5 1,220.48; and

3. For the costs and disbursements of this action and for such other and
further relief as this court deems just and appropriate.

Dated: Bellmore, New York
April 1,2004

HENRY E. RAKOWSKI, for
LAW OFFICES OF HENRY E. RAKOWSKI
Attorney for Plaintiff
263 1 Merrick Road, Suite 201
Bellmore, N.Y. 1 1710
(5 16) 409-6900

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 FIPTI-I AVI’NUF 58/59 AC.‘Ql.J[SI-x’lc‘,NCO. LLC.,

Index No.

-againstBANK MTILLI IliAN d/b/a MI’LLl HANK PIC,
Dcfe11dant ,

SIJMMONS AND VERIFIED COMPLAIN‘T

LAW OFFICES OF HENRY E. RAKOWSKI

Attorney For Plaintiff

Office And Post Office Address
2631 Merrick Road, Suite 201
Bellmore, New York 11 71 0

(516 ) 409-6900

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