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FILED: NASSAU COUNTY CLERK 09/05/2023 12:47 AM INDEX NO. 606340/2020
NYSCEF DOC. NO. 194 RECEIVED NYSCEF: 09/05/2023
EXHIBIT BL-5
FILED: NASSAU COUNTY CLERK 09/05/2023 12:47 AM INDEX NO. 606340/2020
NYSCEF DOC. NO. 194 JUN14 25 RECEIVED NYSCEF: 09/05/2023
C
sowA@ K MÅNHAN
cawn escam . MiSÈuGNER
COUNTV OF NASSA,U
OFFICE OF CONSUMER AFFAJRS
ho oto counm? ROAD
MINEOLA, NEW YORK 1150M2755
Barry Lipsky
. (516) 571-2600
Lipsky Building Construction Inc.
814 Montauk Highway
Bayport, NY 1 1703
net James S. Mù'r
Caseh 20140012N
Vidation 70% ne 711 7%
DehrlWfr. Lipskys
You were called into our office on November 1, 20 16 to answer charges in connection with the
complaint filed by James Muhr. At that time, we informed you that you were not licensed as a
general contractor although you were acting as one. Both the personal disclosure form and
certificate of liability insurance you submitted with your license application restrict you to
carpentry and window replacement. Your contract with Jýnes Muhr for the performance of
demolition, excavation, house lifting, helical piles, masonry, roofing, siding, plumbing, electric,
etc. is beyond the scope o f your approved operation. You were ad vised that you cannot do this
work without upgrading your home improvement license.
Yøte tertificate of lighility insganer is inigging a description of your operatiens; in fact it is:
bid If you are
seeking
apprøval to do di the jobs menfinned previously, they should be nÿted
in the space marked nescrip ion o7peratiyns. This spute should alsø mentiuttthe jobs you
sukengtract, such as "subeentrnets hoúse lifting*. Additionany, deduatibles gre not pennitted on
these certificates 1 have enclúsed a copy efthe reqüitenients for insnrnnt¢ cer ficates Be¢nse
you ham yet ro comply with the insnrane requirenient and you have not teceived mpgtade to
the wope af your licennes you are being ässessed a fute of $1,50&® fe Vidanen Na 7%
With reference to Violation No. 709, issued for no signed addendums, change orders 1 through 6
were signed by the consumer. Change order 7 for the versetta stone was approved by the
consumer via e-mail on 9/28/15. But the e-mail is hetween Joe Aiello and the consumer. Joe
Aiello, who was never approved by Licensing to represent your company, has no authority to
sign an agreement on your behalf. Change orders 8 and 9 are not signed by the homeowner. lwr.
Muhr specifically objected to change order 8, claiming that much of the work done according to
prior agreements was now included in this unsigned change order. And then, you unfairly tacked
on to this bill an extra $22,039.75 for overhead, profit and insurance because they were left out
of the approved and completed change orders. If you forgot to include your markups on each
change order, you cannot add them to the consumer's bill after the fact and expect him to
approve them. This is an unconscionable trade practice which defeats the purpose of signing
addendums prior to the performance of work. The fme for the unsigned change orders is
FILED: NASSAU COUNTY CLERK 09/05/2023 12:47 AM INDEX NO. 606340/2020
NYSCEF DOC. NO. 194 RECEIVED NYSCEF: 09/05/2023
$1500.00. Be advised that the printed, legible names of you and your salespeople must appear
beneath their signatures on the addendums as well as on the original contracts.
Patricia Rooney, your attorney, stated that no completion date was written on the contract
because the architect was not hired by you. Since the architect was hired by the homeowner, you
did not know when the job would start. Eventually, you did start the job. What prevented you at
that time from including a completion date on the contract as required by Local Law 6-1970? If
change órders significantly delayed the original conipletion date beyond the thirty days allowed,
you could have changed that date in writing, informing the consumer of said change. The fine
for Violation No. 711, issued for no completion date, is $350.00.
Violation No. 712 was issued for failure to comply with the requirement that salespeople and
managers who represent your company be registered anÆapproved by Consumer Affairs. It was
recently brought to my attention that you submitted the requisite applications for Stephen Mills
and Joseph Aiello on December 6, 2016. Neither of these individuals has been approved yet
because they did not comply with Licensing's request for further information. The fine for this
offense is $600.00.
Payment of these nnes inust be made by cerdfed check or postal money order to the County of
N¾ssau by J$y 3, 2017. Pitase sign âñd stuni th# yenbM cøpigs øfthe vió1atføn disposinon
focus together wie your psymms e ensure prger credits Fsitum to comply wini this wrder
wnt resak in maximan fines of $$#0444 for waeh ddatio5
if you conenue te operge ydur company wiidigregard by OCA agu1stions and faiHo comply
wi$1 the reqsrements for un upgtgde e ydur licensedether adininistrative acdon may be taken
againg Lipsky Bttiiding Constreetion inn.
Yours truly,
MEARING OFFiCER
ce Patricia Rooney, Faq,
FILED: NASSAU COUNTY CLERK 09/05/2023 12:47 AM INDEX NO. 606340/2020
NYSCEF DOC. NO. 194 RECEIVED NYSCEF: 09/05/2023
C
EDWARD P. MANGANO MADALYN F.FARLEY
COUNTYEXECUTNE COMMISSTONER
COUNTY OF NASSAU
OFFICE OF CONSUMER AFFAIRS
240 OLD COUNTRY ROAD
MINEOLA, NEW YORK 11501-4255
(5161571-2600
NASSAU COUNTV NOME MkÖVEMENT LICENSING
REOEIRED LJABlurVEDMANCE COVERAeB
Aøurrentnn effect 0¢rdncatsi ofInstenn&MOST seg6mpany your appneation veth the
fonewing information irreluded:
1) Produceh name, addres s and phone number
Insurges name and address attly as the applicåtion reads. A11 business locations
2)
must be listed on the certhicatA
3) Type of insurance shown, Policy number, policy effective and expiration dates and a
full description of the type work covered under the policy.
4] Anthorized Representgtive Signature.
Limits of insurance: - $100,000.00/300,000.00
5) Bodily Injury
Damage - $50,000.00/50,000.00
Property
Combined Limit - $300,000.00 minimum.
..
DEDUCTElLES ARENOT ACCEPTABLE
6). dertificate Holder: Nassau Cunnty Office of Consumer Affairs
240 Old Country Road
Mineula, New York 11501
7) Cantellãtion Notice: A nötice shan be sent to this office within 15 days prior in
any cancellgeon3 non-renewäl, or change in coverage of a
nþense hold¢Ss insurance policy.
SHOULD THERE BE ANY QUESTIONS REGARDIND THESE INSTRUCTIONS, VOU
MAY CONTACT:
Licensing Division
516-571-3872
FILED: NASSAU COUNTY CLERK 09/05/2023 12:47 AM INDEX NO. 606340/2020
NYSCEF DOC. NO. 194 RECEIVED NYSCEF: 09/05/2023
L1PSC-1 OP ID: TI
ACORD' DRE SMEmWf
CERTIFICATE OF LIABILITY INSURANCE 1904/201s
. . .-
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTiFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORJZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER C ACT
Oxford Millin Ins.Agency PHONE FAX
400 Oser Ave.Unit#100 (AfC,No,Exty:631-434-6666 (A/C,No): 631-434-6993
P O Box 11144 E-MAIL
ADDRESS:
Hauppauge NY 11788
James Hughes INSURER(S}AFFORDINGCOVERAGE MAIC#
INSURER A : Allied World Assurance 19489
INsURED Lipsky Building Construction WSURERB:RIJ Insurance 13056
Company
inc'
insonsRc: ALLSTATE INS. CO. 19232
814 Montauk Mighway
Bayport, NY 11705 INSURER D: State InSUrance Fund
INSURERE:
INSURER
F;
COVERAGES CERTIFICATE NUMBER: REVISION NLIMBER:
THIS IS TO CERT1FY THAT THE POUCIES OF INSURANCE LISTED BELOV HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER100
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH1CHTHIS
CERT1FICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UMITS SHOWN MAY HAVE BEEN REDUCˆD BY PAID CLAIMS.
WPE OFINSURANCE p p POLICY
NUMBER (M ) (M UMITS
A X j COMMERCIAL
GENERAL
UABILITY EACHOCCURRENCE $ 1,000,00Ci
5050-0440-16 04/02/2016 E
CLAIMS-MADE OCCUR 04/D2/2017 e encel s 100,000
X Primary non-contr MEDEXP{Anyoneperson) $ 10,00C
X Contractual &ADVINJURY
PERSONAL s 1,000,00C
GEN'LAGGREGATE
UMTAPPLIESPER GENERAL
AGGREGATE s 2,000,000
POUCY LOC PRODUCTS - CouP/0P AGG s 2,000,000
-1 OTHER Ded s S,000 BI/PC
AUTOMDBILE LIABILITY t]MME UMT
E
C ANYAuTo 648688404 11/18/2015 11/18/2016 BODILYINJURY (Perperson) $
L ED ULED (Peraccident)3
BODILY(NJURY
X urgeo ros . X !A T Per Kent
unsaEuA UAS OccyR OCCURRENCE
EAC@f 5 103000,00
B excess uAB CLAfMS-MADE RXLO 6098 06/08/2016 04/02/2017 AGGREGATE a 10,000,000
DED X RµTENTlo s 10000
WORKERS COMPENSATION PER a j OTH-
ANDEMPLOYERS' UAB1UTY STATUTEI f ER
D |ANYPROPR1ETOR/PARTNER/EXECUTNE S PEl ÓRM 10263 04/02/2016 04/02/2017 EL EACHACCIDENT 5
'0FRCERMEMBER EXCLUDED? N/ A
(Mandatoryin NN) EL.DISEASE-EAEMPLOYEE) S
C below
PERAdiONS - POLICYUMIT S
E.L.DISEASE
PESCRIPTþG
OFOPERATIPNS
/ LþC HOdÑEHIÖI.. S ACOI 0 tions RerÄa Scitedule,rnhpbeattachedÈrño)paÈdr s required)
S OÚLDANDTHE ABOVÈ DESCR ED ROUCIES BE NCEL ED BE ORE
WE EX)RAMR DATE WERE NOTlcE WILL BE DEUVERED IN
Nassau County Office of Acco8oANcEwlTH THE poDCY PROVISIONS.
Consumer Affairs
240 Old Country Road Amdari D e A E
Mineola, NY 11501
0 AÈOTþ CDi ÖRATld AfrÍghts reserve
AdORI5 25 |01A/b1 The ACORD naine and logo are registered márks diACOHD
FILED: NASSAU - COUNTY CLERK 09/05/2023 12:47 AM INDEX NO. 606340/2020
NYSCEF DOC. NO. 194 RECEIVED NYSCEF: 09/05/2023
LIPSC-1 _ OP ID: PMM
A OF
o'
CERTIFICATE LIABILITY INSURANCE o
THIS CERTfFICATE JS ISSUED AS A WIATTER CF thIFORMATION 0N,ÚY AN'D COf4FEAS fD RIGF]TT UPON THE CERTIFICATE HOLÒER. THIS
CERTIFICATE DQ ES NOT Al-FIRSIATivEl..Y OR NEGATIVELY AMEND3 F,XTEND OR ALTER TI-lE. COVERApE AFFORDED BY THE POMCIES
BELO‚. THis CERTIFICATE OF INSURANCE DOES -NOT CONSTITUTE A CONTRACT BETWEEN THE ISSplNG INSURER[S). AUTHORIZED
REPRESENTATWE OR l?RO UCER, AND Ti-tE CERTIFICATE HOLDER.
IMPPRTANT: if the certificate holder is an ADDmoNA4 fN_SURED, the poRoyfies nust be endorsed. If SUBROGATION IS WANED, isubject to
the terrns and condistions Of the POGcy, certain policies may require an endorsement. A statement orr this certificate does not confer rights to (he
certifi ate holder in lieu of such endorsement(s).
P~RODÚCER f4![ACT
0 O e e n Exe6314t34-6666 Ec,ag 63M 4-6993
P O Box 41144 E-MAL
ADDRESS:
Haùppauge, NY 11788
Jarnes Hughes __ AFFORDING
TNSURER(S) COVERAGE NAIC#
INSURER A : ANied World Assurance 19489
misuREn Lipsky Building ConstructioIl iNsURER g- RSUraRCe Company 33056
4 Montauk Highway issuRtR.c ALLSTATE INS. CO. 4923~2
. INStfREROtState Insurance Fund
Bay port, NY U705 j
INSURERE
1NsURER
F: _
COVERAGES CERTIFICAdE NUMBER: REVls!ON NUMBER:
THIS IS TO CERTIFY TNAT THE POLiCIES OF"INSURANCEÙSTED BELOW HAVE BEEN ISSUEDTO THE INSUREDCAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDINGANY REQUREMENT, TERM OV CONDITIONOF ANY CONTRACTOR OTHER OOC.UMENTWITff RESPECT TO WHICH THIS
CERTIFICATEMAY BE ISSUED OR MAY PERTAIN, THE TNSORAlvCEAFFORDED SY THE POLICIES DESCRIBEDHEREfN IS SUBJECT TO ALL THE TERMS
EXCLUSDNS AND CONDITIONSOFSUCHPOLICIES LIMITSSHOWNMAY HAVE BEENUEDUCEDBY PAIDCLAIMS
TVPEOF1NSURANCE Ns a POUCYNUMBER (MM ) M 100 LIMITS
A X cOMu_ERCIALGENERAL
UABUTY EACHOCCURRENCE s 1,000,00C
CLAMS-MADE OCCUR 5050-0440-16 04/02/2Di6 04/02/2017 ,c.3 s. 1M,000
X Primarynon-contr MEDEXPønyonepers 5 10,000
Contractual PERSONAL
& ADVJNJURY s 1,009,000
GENLAGGREGATE PEft
UMITAPPUES GENER AGGREGATs
L s 2,000,000
POLICY C @·QC ROpUCTS- COMP/OF
AGG s 2,000,00Ç
OTHER. Ded S 6,0D0 Bi/PC
AUTOMOBILE1.1ABILITY s 1,00Ô,00t
X ANYAuTO 648688404 1i1/18/2015| 11/18/2016 BODILYadURY(Perpenon) s
OWNED S ULED BODILYJNJURY (PeraccidenF$
NON-OWNED PROPERTY DAMAGE
AUTOS __ AUTOS
HIRED (Persecideno
UAB
UMBRELLA OCCUR ACHOCCURRENCE 10,000,00_0
B UAB
EXCESS cLAIMS-MADE RXL0806098 06108/2016 04/02/2017 AGGRECATE 5 O000,00C
DED RETENUON5 _4
WOREERS COMPENSATION PER OTN-
ANDEMPLOYERs'0ABILITY .. "
ANYPROPRIETOR/PARTNEREXECUTIVE AS PER FORM U-26.3 04/d2/f016 0470212017 EL EACHACCtDET S
OFFICER/MEMBER EXCWDEDv N/ A
(MandstoryinNH) EA DISEdSEEA MPLOYEE 5
Ifyes describe
wder
_ DESCRIPT3DN OFOPERATIONSbelow - POUCYUNIT s
EL DISEASE
!
RIPUONOF0PFRATIONsf LOCATIONS1 1ACORD
VEHICLES 101,AdditionalRemarks If morespaceis.required)
maybeattached
Schedule,
tion of work: Jimmes S Muhr and Thi Lancher-Muhr 170 Clocks BIvd
sapequa, NY,
IFICATE IlOLDER Á E1-lkTIOn
-
S$ ²LD N O THEüSÖVE DESDFÜBEDO IGIE B Cg CEL FD BEFORE
- TliF EXPRATUN DATE T1 E EOF NOTICE WILL BE. DE)xÈIt D IN
Muhr Residence cOMMEET‰ THEPOL C O ISONS.
170 Clocks Blvd
Massapequa, NY .
884 ÅþÖT dBPÖnAtlbN A rights reskWed
RD 25 The a ORD otme and LogO are regist#kd Mar s Of ACUÉl
(2014/01)
FILED: NASSAU COUNTY CLERK 09/05/2023 12:47 AM INDEX NO. 606340/2020
NYSCEF DOC. NO. 194 RECEIVED NYSCEF: 09/05/2023
CORD" UPSC-1 DP ID: RC
GERTIFICATE OF UABUTY INSURANCE DATi-3.1raDcurry)
T IS CEREFICATE IS ISSUED AS o3/os2ois
A MATTER OF WFORMATION ONLY AND
CERTIFICATE DOES NOT AFFIRMATIVELY OR CONFERS NO EiGHTS UPON THE CEREFICATE HOLDER.
NEGARVELY AMEND, EXTEND OR ALTER THE THIS
BELOW. THIS CRETIFICATE 01 COVERAGE AFFORDED BY THE POLICIES
INSURANCE DOEs NOT CONSTrTijTE A
REPRESENTATB/E OR PRODUCER, AND THE CONTRACT SETWEEN THE ISSUING
CERTIFICATE HOLDER. INSURER(S), AUTHORIZED
IMPORTANT: Hthe certUicate holda is an
ADDETIONAL INSURED, the policy(tes) must be
the terrns and condidons of the endorsed. if SUBROGATiGN IS WA1VED, subject
paHey, certain pencies may require an endorsement A statemerit to
certificate holder in Eeu of such on thiscertificate doesnot confer rights to
artforsemenNs). Une
Paucas
A"
James Hughes
F O Box 11144
E4IAIL
Hauppauge, NY11788
James Hugnes
AFFORDNG
INSURERfS) COVERAGE NAIDS
issus.ED INSURERA:American Cas, Co.
1..ipsky Building Construction 20427
Inc. reopEan-CNA - Coat Casualty Und
20443
814 MontaukHighway INsuesac: ALLSTATE INS. CO.
- 19232
Bayport,NY 11705 MURERD: hartford CSSUSlly IRS. Co
22357
INSURERE:
1NSURERF:
CO'/ERAGES
CERTIFICATE NUMBER:
THIS is TO CERTEFYTHATTHE PoUCtES OF REVISfON NUMBER:
INSURANCEUSTED BELOW HAVEBEEN ISSJED TO THE
INDICATED. NOTWITHS--ANDNGAfff &SURED NAMEDABOVE FOE THE POLICYPEROD
CERUFICATEMAY BE ISSUEDOR MAY REQUTREMENT, TERM OR CONDITIONOF ANY CONTRACTOR
CTHER DOCUMENTWFfH RESPECTTD
EXCLUSIONSAND CONDITiONSOF SUCH PERTAIN.THE INSURANCEAFFORDEDBY THE FollCIES DESCRiBEDHEREIN IS SUBJECTTO ALL WHICHTHIS
POUCIES.LIM|TSSHOWNMAYHAVESEEN REDUCEDSY THE TERMS,
PAIDCLAfMS.
TYPEOHNSU'tANCE tÂCÙ
A X COMMERCUE POUCYNUMEER [ (M
GENEDALUABREY IffS
CLMS½DE EACHCCU CE 1,000,000
OCCUR 4026883774A 02/04/2015 02/04/2016
X Primary non-contr 100,00G
X Contractual N29E2P rsom s 5,000
GEra AGGRESATE JMT APPUESPER penson 1,00c,000
!
I Poucy GENERAL
AGGREGATE s 2,000,00
Loc
OTÄER moDucTs-coMPOPAGG $ 2,00C,001
automosaEuABERY
C E CENT
X ANr ARo
04858213SBAP 11/18/2014 11/18t2015 BSDLYINJJRY(Perperso0 S
NED JLED
BODILY
NAEY LPeracident)S
sEC AUTOS
X UMBRELLAUAB X occue
3 EXCESS
LIAB EACHCCCURR6NCE s 5,000,000
CLMS-MADE 4026833760 62/04/2015 02/04/2016 see
ta X r;cTenTroNs 10000 94r2 5 00,000
WORKERS COMPENSATION
AfOEMPLOYERS'L1ASIUTY
3 AbY
PRCPRETDFP6RWEsmaFBVE
* 4026883757
SYATUTE ER
OFFICErdMahdEER
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Nf A 02/04/2015 02/04/2016 El
-ACHACOCENT 1 00_, OC
D_ESCVF-TI·0N E.L 3ISEASE.
EAEMPLOYEE
$ t000,000
DFOPERATIONS
becw .
) °roperty Rented & . El DISEASE-POrJCY
UMrr 5 000,000
12M3TG0383 01/16/2015 01/16/2016 Special
teased Equipinent 150,000
Deductibi 50,00
0 DPEVAO LOC TIO Et Ûis à OROxC
00 ion ef Wurk f nanma Medurepeaý
bWsÑiiPedlhbore
sp¼caisieÆ t
am et s t/Iuhr & Thí Larch#rüIllhr 370 Clocks Blvd
. sapeshâ$V
snou; ANYOFTHEAB VE DESCRIBED
PDUCÈS BE£A CELLEDEEFORE
a) S M &Th! Lar reHuhr THE E PfRATION D TE
AÈC0ÑDMiCE
UfEREDF, NO þ