Preview
FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 11/02/2023
Exhibit E
FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 11/02/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------------X
JOHN L. HYMAN,
Index No.:
COMPLAINT
Plaintiff,
-against-
LEEDING BUILDERS GROUP LLC,
Defendant.
----------------------------------------------------------------------X
Plaintiff, JOHN L. HYMAN, (“Plaintiff”), by and through attorney, Lawrence
Spasojevich, Esq. of Spasojevich Law, P.C., files this Complaint against Defendant, LEEDING
BUILDERS GROUP LLC, and state as follows:
INTRODUCTION
1. Plaintiff alleges that, pursuant to the New York Labor Law (“NYLL”), it is entitled to
recover from the Defendant:
(a) An award of liquidated damages and statutory penalties as a result of Defendant’s
failure to timely pay Plaintiff within seven (7) days of the end of the work week;
(b) An award of prejudgment and post-judgment interest;
(c) An award of costs and expenses associated with this action, together with
reasonable attorneys' fees; and,
(d) Such other and further relief as this Court determines to be just and proper.
2
FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 11/02/2023
PARTIES
2. Plaintiff is a resident of New York County, New York.
3. Upon information and belief, Defendant, LEEDING BUILDERS GROUP LLC, is a
business corporation, existing under the laws of the State of New York, with a place of business
located at 33 East 33rd Street 7th Floor New York, New York 10016.
STATEMENT OF FACTS
4. Plaintiff began its employment for Defendant beginning in, on, or about Fall of 2017 as a
laborer at a location within the State of New York.
5. Plaintiff’s remains employed by Defendant.
6. Plaintiff’s duties and responsibilities included: cleaning, hoist operator, fire watch,
flagger, and other general duties required of a laborer.
7. Thus, over 25% of Plaintiff’s time working for Defendant consisted of performing physical
labor.
8. For the entirety of its employment by Defendant, Plaintiff was compensated by Defendant
on a bi-weekly basis.
9. By way of example, Defendant compensated Plaintiff on May 28, 2021, for the pay
period of May 8, 2021, to May 21, 2021.
10. At all relevant times, Defendant knowingly and willfully timely failed to pay Plaintiff
lawfully earned compensation in contravention of NYLL.
11. By failing to compensate Plaintiff, as a manual laborer seven (7) days after the end of the
work week, Defendant violated Plaintiff’s statutory rights under the NYLL.
3
FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 11/02/2023
12. Thus, for half of each biweekly pay period, Plaintiff has been injured in that he was
temporarily deprived of money owed to him, and he could not use these monies that were rightfully
his.
13. Accordingly, every day that said money was not paid to him in a timely fashion, he lost the
time value of that money.
14. The forgoing conduct, as alleged, constitutes a willful violation of the NYLL without a
good or reasonable basis.
15. Therefore, Defendant knowingly and willfully violated Plaintiff’s rights by failing to pay
Plaintiff in a timely manner.
16. Plaintiff has been substantially damaged by the Defendant’s wrongful conduct.
4
FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 11/02/2023
COUNT 1
[Violation of the New York Labor Laws]
17. Plaintiff re-alleges and re-avers each and every allegation and statement contained in
paragraphs "l" through "16” of this Complaint as if fully set forth herein.
18. The wage provisions of the NYLL apply to Defendant and protect the Plaintiff.
19. Defendant, pursuant to its policies and practices, refused and failed to pay Plaintiff, a
manual laborer, within seven (7) days of the end of the work week.
20. By failing to compensate Plaintiff within seven (7) days of the end of the work week,
Defendant violated Plaintiff’s statutory rights under the NYLL.
21. The forgoing conduct, as alleged, constitutes a willful violation of the NYLL without a
good or reasonable basis.
22. Therefore, Defendant’s knowingly and willfully violated Plaintiff’s rights by failing to pay
Plaintiff within seven (7) days of the end of the work week.
23. Due to the Defendant’s NYLL violations, Plaintiff is entitled to recover from Defendant,
liquidated damages for failure to timely pay Plaintiff on a weekly basis, reasonable attorneys'
fees, and costs and disbursements of this action, pursuant to NYLL § 663(1) et al. and § 198. See
Vega v. CM & Assocs. Constr. Mgmt., LLC, 175 A.D.3d 1144 (N.Y. App. Div. 2019).
5
FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 11/02/2023
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court grant the following relief:
(a) An award of liquidated damages and statutory penalties as a result of Defendant’ failure to
timely pay Plaintiff within seven (7) days of the end of the work week;
(b) An award of prejudgment and post-judgment interest;
(c) An award of costs and expenses associated with this action, together with reasonable
attorneys' fees; and,
(d) Such other and further relief as this Court determines to be just and proper.
Dated: New York, New York
November 2, 2023 Respectfully
pectfully submitted,
By:
Lawrence Spasojevich, Esq.
6
FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 11/02/2023
VERIFICATION
Lawrence Spasojevich, Esq.:
I am the attorney for the Plaintiff in the action herein; I have read the forgoing Complaint and
know the content thereof; and that same is true upon information and belief. I make this
verification because Plaintiff does not reside in the county where my office is maintained.
DATED: New York, New York
November 2, 2023
_______________________
Lawrence Spasojevich, Esq.
7
Preview
FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 11/02/2023 Exhibit E FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 11/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------X JOHN L. HYMAN, Index No.: COMPLAINT Plaintiff, -against- LEEDING BUILDERS GROUP LLC, Defendant. ----------------------------------------------------------------------X Plaintiff, JOHN L. HYMAN, (“Plaintiff”), by and through attorney, Lawrence Spasojevich, Esq. of Spasojevich Law, P.C., files this Complaint against Defendant, LEEDING BUILDERS GROUP LLC, and state as follows: INTRODUCTION 1. Plaintiff alleges that, pursuant to the New York Labor Law (“NYLL”), it is entitled to recover from the Defendant: (a) An award of liquidated damages and statutory penalties as a result of Defendant’s failure to timely pay Plaintiff within seven (7) days of the end of the work week; (b) An award of prejudgment and post-judgment interest; (c) An award of costs and expenses associated with this action, together with reasonable attorneys' fees; and, (d) Such other and further relief as this Court determines to be just and proper. 2 FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 11/02/2023 PARTIES 2. Plaintiff is a resident of New York County, New York. 3. Upon information and belief, Defendant, LEEDING BUILDERS GROUP LLC, is a business corporation, existing under the laws of the State of New York, with a place of business located at 33 East 33rd Street 7th Floor New York, New York 10016. STATEMENT OF FACTS 4. Plaintiff began its employment for Defendant beginning in, on, or about Fall of 2017 as a laborer at a location within the State of New York. 5. Plaintiff’s remains employed by Defendant. 6. Plaintiff’s duties and responsibilities included: cleaning, hoist operator, fire watch, flagger, and other general duties required of a laborer. 7. Thus, over 25% of Plaintiff’s time working for Defendant consisted of performing physical labor. 8. For the entirety of its employment by Defendant, Plaintiff was compensated by Defendant on a bi-weekly basis. 9. By way of example, Defendant compensated Plaintiff on May 28, 2021, for the pay period of May 8, 2021, to May 21, 2021. 10. At all relevant times, Defendant knowingly and willfully timely failed to pay Plaintiff lawfully earned compensation in contravention of NYLL. 11. By failing to compensate Plaintiff, as a manual laborer seven (7) days after the end of the work week, Defendant violated Plaintiff’s statutory rights under the NYLL. 3 FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 11/02/2023 12. Thus, for half of each biweekly pay period, Plaintiff has been injured in that he was temporarily deprived of money owed to him, and he could not use these monies that were rightfully his. 13. Accordingly, every day that said money was not paid to him in a timely fashion, he lost the time value of that money. 14. The forgoing conduct, as alleged, constitutes a willful violation of the NYLL without a good or reasonable basis. 15. Therefore, Defendant knowingly and willfully violated Plaintiff’s rights by failing to pay Plaintiff in a timely manner. 16. Plaintiff has been substantially damaged by the Defendant’s wrongful conduct. 4 FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 11/02/2023 COUNT 1 [Violation of the New York Labor Laws] 17. Plaintiff re-alleges and re-avers each and every allegation and statement contained in paragraphs "l" through "16” of this Complaint as if fully set forth herein. 18. The wage provisions of the NYLL apply to Defendant and protect the Plaintiff. 19. Defendant, pursuant to its policies and practices, refused and failed to pay Plaintiff, a manual laborer, within seven (7) days of the end of the work week. 20. By failing to compensate Plaintiff within seven (7) days of the end of the work week, Defendant violated Plaintiff’s statutory rights under the NYLL. 21. The forgoing conduct, as alleged, constitutes a willful violation of the NYLL without a good or reasonable basis. 22. Therefore, Defendant’s knowingly and willfully violated Plaintiff’s rights by failing to pay Plaintiff within seven (7) days of the end of the work week. 23. Due to the Defendant’s NYLL violations, Plaintiff is entitled to recover from Defendant, liquidated damages for failure to timely pay Plaintiff on a weekly basis, reasonable attorneys' fees, and costs and disbursements of this action, pursuant to NYLL § 663(1) et al. and § 198. See Vega v. CM & Assocs. Constr. Mgmt., LLC, 175 A.D.3d 1144 (N.Y. App. Div. 2019). 5 FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 11/02/2023 PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that this Court grant the following relief: (a) An award of liquidated damages and statutory penalties as a result of Defendant’ failure to timely pay Plaintiff within seven (7) days of the end of the work week; (b) An award of prejudgment and post-judgment interest; (c) An award of costs and expenses associated with this action, together with reasonable attorneys' fees; and, (d) Such other and further relief as this Court determines to be just and proper. Dated: New York, New York November 2, 2023 Respectfully pectfully submitted, By: Lawrence Spasojevich, Esq. 6 FILED: NEW YORK COUNTY CLERK 11/02/2023 09:37 PM INDEX NO. 158194/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 11/02/2023 VERIFICATION Lawrence Spasojevich, Esq.: I am the attorney for the Plaintiff in the action herein; I have read the forgoing Complaint and know the content thereof; and that same is true upon information and belief. I make this verification because Plaintiff does not reside in the county where my office is maintained. DATED: New York, New York November 2, 2023 _______________________ Lawrence Spasojevich, Esq. 7