INDEX NO. UNASSIGNED

CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.)

NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 09/05/2018

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
__________________________________________
WEGMANS FOOD MARKETS, INC,
Plaintiff,
v.

SUMMONS
WITH NOTICE
Index No.

INVERMAR S.A.
Defendant.
__________________________________________
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff’s attorney at
the address stated below, a notice of appearance or demand for a complaint. If this summons was
personally delivered upon you in the State of New York, you must appear within twenty (20)
days after service of the Summons, excluding the date of service. If the summons was not
personally delivered to you within the State of New York you must appear within thirty (30)
days after service of the summons is complete as provided by law.
This action against defendant is for negligence and breach of express and/or implied
contract and seeks money damages suffered by plaintiff as a result of defendant’s failure to
institute and maintain proper cyber and email security over its systems allowing third parties to
penetrate its electronic systems and use information obtained therefrom to cause plaintiff to
divert funds to a third-party that were intended to go to defendant for the purchase of goods sold
by defendant to plaintiff. This action also seeks a declaration that defendant is responsible for
paying all future costs and fees associated with plaintiff’s efforts to recover the funds diverted to
third-parties. The relief sought is money damages in an amount not less than $900,000, plus
interest and the costs and disbursements of this action, and a declaration in favor of plaintiff. If
you do not appear within the applicable time limitations stated above, a judgment may be entered
against you, by default, for the sum of not less than $900,000 with interest, plus the costs and
disbursements of this action.

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
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accepted for filing by the County Clerk.

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 INDEX NO. UNASSIGNED

CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.)

NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 09/05/2018

Venue for this action is in the County of Monroe, because the principal place of business
of the plaintiff is located in Monroe County at 1500 Brooks Avenue, Rochester, New York
14603.
September 5, 2018.

WARD GREENBERG HELLER & REIDY LLP

By:________/s/ David M. Knapp_____________
Daniel P. Purcell
David M. Knapp
1800 Bausch & Lomb Place
Rochester, New York 14604
585-454-0700
dpurcell@wardgreenberg.com
dknapp@wardgreenberg.com
Attorneys for plaintiff Wegmans Food
Markets, Inc.

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
2 of
accepted for filing by the County Clerk.

2