Complaint,Petition: Amy Brown-Burgio v. Gsl Landscaping & Nursery, Llc

On October 17, 2022 a Complaint,Petition was filed involving a dispute between Amy Brown-Burgio, and Gsl Landscaping & Nursery, Llc, for Commercial - Other (Breach of Warranty) in the District Court of Albany County.

Preview
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/17/2022

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
_________--------__--..--------------X

AMY BRO WN-BURGIO,
VERIFIED

Plaintiff, COMPLAINT

-against- Index No.

GSL LANDSCAPING & NURSERY, LLC,

Defendant.

----------------------------------------X

Plaintiff Amy Brown-Burgio ("Plaintiff"), by and through her attorneys Whiteman

Osterman & Hanna LLP, respectfully submits the following complaint against Defendant GSL

Landscaping & Nursery, LLC ("GSL"):

PARTIES AND VENUE

1. Plaintiff resides at and isthe record owner of real property located at 400 Gabriella

Lane, Altamont, New York, in Albany County (the "Property").

2. Upon information and belief, GSL maintains its business at 4820 Duanesburg

Road, Duanesburg, New York 12056.

3. Venue isproper in Albany County pursuant to CPLR § 503 because Plaintiff resides

in Albany County and the Property involved in this dispute is located in Albany County.

BACKGROUND

4. Beginning on or about June 12, 2012, Plaintiff entered into a series of contracts

with GSL for certain hardscaping and planting improvements at the Property, including but not

limited to a pond, a retaining wall, a fire pit area, lighting, pillars along the driveway, a pool area,

and various flower beds, trees, and plants (collectively, the "Contract"). Attached hereto as

Exhibit A isthe Contract.

1 of 8
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/17/2022

5. Plaintiff and GSL entered into the Contract on or around June 12, 2012.

6. Beginning on or around June 12, 2012, GSL provided Plaintiff with job descriptions

for the pond, pillars, stairs,patio, pool and spa, a fire pit, retaining walls, and other hardscaping at

the Property. See Exhibit A.

7. The value of the Contract exceeded $175,000. &
8. GSL performed work at the Property between 2012-2019. Id

9. The Contract required GSL to construct, install, and provide hardscaping and

landscaping for a pond at the Property. &
10. The Contract required GSL to construct, install, and provide hardscaping and

landscaping for a pool and spa patio at the Property. Id.

11. The Contract required GSL to construct, install, and provide hardscaping and

landscaping for a sp 11 over spa at the Property. IA

12. The Contract required GSL to construct, install, and provide hardscaping and

landscaping for a natural stone retaining wall with waterfalls at the Property. Id.

13. The Contract required GSL to construct, install, and provide hardscaping and

landscaping for two sets of stairs at the Property. M
14. The Contract required GSL to construct, install, and provide hardscaping and

landscaping for numerous pillars and their footholds at the Property. &
15. The Contract required GSL to construct, install, and provide hardscaping and

landscaping relating to a lighting system at the Property. hL

16. The Contract required GSL to install a black ornamental fence at the Property. &
17. The Contract required GSL to construct, install,and provide a drainage system at

the Property. Id.

2 of 8
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/17/2022

18. The Contract required GSL to construct and installa fire pit at the Property.

19. The Contract provides the following fifteen-year warranty: "GSL & Nursery, LLC

guarantees that ifa defect arises in a hardscape feature due to faulty workmanship or minor settling

or shifting, within fifteen years of itsinstallation, GSL & Nursery, LLC will repair the area at no

charge"
additional (the "Warranty") II

20. The Warranty requires GSL to remedy itsfaulty workmanship for 15 years at no

additional cost to Plaintiff. IA

GSL'S NUMEROUS DEFECTS

21. GSL installed footings for pillars at the Property that were inconsistent with

industry standards.

22. The footings for the pillars installed by GSL are inadequate to support the

pillars/gates that they were intended to hold.

23. The pillar on the lefthand of the driveway at the Property was improperly installed

and leans, which poses a safety to risk to anyone entering or exiting the Property.

24. The pillar on the right hand of the driveway at the Property was improperly

installed.

25. The pillars installed by GSL are not symmetrical.

26. The improper installation of the footings for the pillars at the Property has caused

the rounded wall of stone at the Property to lean and crack.

27. The pillars and their footings need to be removed and replaced as a result of the

faulty workmanship of GSL.

28. Plaintiff's estimate of replacing the pillars installed by faulty workmanship of GSL

is approximately $78,000.

3 of 8
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/17/2022

29. The fire pit installed by GSL is deteriorating as a result of GSL's faulty

workmanship.

30. GSL failed to install a fire barrier and as such the fire pit is non-
completely

functional.

31. Plaintiff's estimate of replacing the firepit as a result of the faulty workmanship of

GSL is approximately $29,000.

32. The boarder stones of the pond have repeatedly fallen into the pond.

33. The support shelf of the pond is rapidly deteriorating.

34. The waterfall into the pond is inoperable due to, among other things, broken pipes,

however the full extent of the damage caused by GSL's faulty workmanship can only be

determined by a fullexcavation of the waterfall.

35. The plumbing to the pond is leaking.

36. The upper beds of the pond have failed, fallen apart, and require rebuilding.

37. GSL poorly installed a filtrationsystem, which is now malfunctioning.

38. GSL failed to properly secure the electric system near the pond, and now the electric

system is at risk of falling into the pond and killing the koi fish that live in the pond. Attached

hereto as Exhibit B isa photograph of the electric system at the pond.

39. All of these issues with the pond occurred as a result of GSL's faulty workmanship.

40. GSL previously recognized itsdeficiencies in itswork, and on two occasions added

stone rock beds to the landscape, which exacerbated the problems with the pond.

41. GSL's addition of the stone rock beds to the landscape have also fallen apart due to

GSL's faulty workmanship.

4 of 8
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/17/2022

42. GSL also taken boulders that had previously fallen into the pond, and placed them

back on the outside edge of the pond, which was not a reasonable remedy to the problem of the

boulders falling into the pond, as itonly continued to happen.

43. GSL's rearranging of stones in the pond did not fix the cause of the problems as a

result of GSL's faulty workmanship.

44. GSL never replaced or added more stones or boulders, but rather rearranged the

boulders that were already placed, which subsequently fell into the pond again, as anticipated.

45. Plaintiff's estimate to remedy GSL's faulty workmanship of the pond is

approximately $77,000.

46. GSL damaged the driveway lights at the Property at a cost of over $5,100.

47. GSL damaged the shed siding at the Property at a cost of over $3,200.

48. GSL damaged garden boxes at the Property at a cost of over $1,000,

49. GSL damaged the fencing at the Property at a cost of over $2,000.

50. GSL damaged antique garden statues at the Property at a cost of over $600.

51. GSL damaged lights in the gardens at the Property at a cost of over $1,000,

52. GSL failed to properly installthe pool and spa area pavers at the Property.

53. Plaintiff's estimate to remedy GSL's faulty workrnanship of the pool and spa area

payers is approximately $28,000.

54. GSL failed to properly installthe pool and spa retaining walls at the Property.

55. Plaintiff's estimate to remedy GSL's faulty workmanship of the pool and spa

retaining walls at the Property is approximately $91,000,

56. GSL failed to properly install pillars and columns for the pool stairsat the Property.

5 of 8
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/17/2022

57. Plaintiff's estimate to remedy GSL's faulty workmanship of pillars and columns

for the pool stairs at the Property is approximately $2,600.

58. GSL failed to properly installthe pool area drainage system at the Property.

59. The cost to Plaintiff to fully repair the pool area drainage system is extensive, but

requires a fullinspection of the drainage system which is completely underground. To provide an

accurate estimate, the entire drainage system would need to be excavated.

60. On or about January 19, 2021, Plaintiff through counsel, sent correspondence

advising GSL of their numerous defects in workmanship at the Property (the "January 19 Letter")

and demanding that GSL honor itswarranty. Attached hereto as Exhibit C isa copy of the January

19 Letter.

61. In the January 19 Letter,Plaintiff also demanded a verified statement pursuant to

Lien Law Section 76 accounting for the use of trust assets in connection with the Project.

62. GSL failed to or refused to respond in any form to the January 19 Letter.

63. GSL failed to or refused to remedy the numerous defects in their worlananship at

the Property in any reasonable manner.

64. As such, GSL has breached the Warranty owed to Plaintiff.

AS AND FOR A FIRST CAUSE OF ACTION

65. Plaintiff repeats and realleges all of the paragraphs stated above as if fullyset forth

herein.

66. In the Contract, GSL provided to Plaintiff a 15-year warranty on all hardscaping

performed at the Property.

67. As a result of GSL's faulty workmanship, the hardscaping performed at Plaintiff's

Property contains numerous defects.

6 of 8
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/17/2022

68. Plaintiff performed all of her obligations under the Contract and the Warranty.

69. GSL refused to honor the Warranty and correct the numerous defects in theirwork.

70. GSL has therefore breached the Warranty itowes to Plaintiff.

71. As a result of GSL's breaches, Plaintiff is entitledto an amount to be determined at

trialbut in no event less than $318,500 plus the value of replacing the drainage system which can

only be determined upon complete excavation.

WHEREFORE, Plaintiff respectfully seeks a judgment against Defendant for damages in

an amount to be determined at trialfor GSL's breach of warranty and any such other and further

reliefthat this Court deems just and proper.

Dated: October 17, 2022 OSTERMAN & HANNA LLP

Albany, New York
By:
C r to er lv , McDonald
Jennifer M. Thomas
Attorneys for Plaintiff
One Commerce Plaza

Albany, New York 12260
cmcdonald@woh.com
ithomas@woh.com

7 of 8
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/17/2022

VERIFICATION

STATE OF NEW YORK )
)SS

COUNTY OF ALBANY )

AMY deposes and states:
BROWN-BURGIO, being duly sworn,

1. I am the Plaintiff in thisaction.

Complaint and know the contents thereof.
2. I have read the foregoing Verified

matters stated upon information and
3. The same is true to knowledge, except those
my

as to those I believe them to be true.
belief, and matters,

Dated: October 2022

Brown-Burgio
Amy

Sworn to before me this

ofOctober, 2022
day
PA1)L D ORGLER
N.OTARY PUBLIC-STATE OF NEW YORK
o Public No. 070R64f 0695
dualifiedin Reneselaer County
My Commission Expires10-26-2024

8 of 8

Case Info

Case No.

(Subscribe to View)

Document Filed Date

October 17, 2022

Case Filing Date

October 17, 2022

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Complaint,Petition: Amy Brown-Burgio v. Gsl Landscaping & Nursery, Llc

Preview

Related Topics

Case Info

Parties