Preview
FILED: NEW YORK COUNTY CLERK 04/17/2024 10:05 AM INDEX NO. 651998/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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SOHO CONTRACTING CORP. Index No.:
Date Purchased:
Plaintiff,
SUMMONS
-against-
Plaintiff designates venue
as New York County
APF PROPERTIES LLC, and 24 WEST 57 APF LLC,
Venue is based upon the
location of the Project.
Defendants.
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TO: THE ABOVE DEFENDANTS
YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of
appearance on plaintiff’s attorneys within twenty (20) days after the service of this Summons and
Complaint, exclusive of the day of service, or within thirty (30) days after the service is complete if
this Summons and Complaint are not personally delivered to you within the State of New York, and
in the case of your failure to appear, judgment will be taken against you by default for the relief
demanded herein.
Dated: Mineola, New York
April 17, 2024
MELTZER, LIPPE, GOLDSTEIN
& BREITSTONE, LLP
Attorneys for Plaintiff Soho Contracting
Corp.
By: /s/ Manny A. Frade
Manny A. Frade, Esq.
Ronald J. Dwyer, Esq.
The Chancery
190 Willis Avenue
Mineola, New York 11501
Telephone: (516) 747-0300 X137
Facsimile: (516) 747-0653
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mfrade@meltzerlippe.com
rdwyer@meltzerlippe.com
TO: APF PROPERTIES LLC
28 West 44th Street, 7th Fl,
New York, New York 10036
24 WEST 57 APF LLC
28 West 44th Street, 7th Fl,
New York, New York 10036
4882-6780-2551, v. 3
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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SOHO CONTRACTING CORP. Index No.
Plaintiff, COMPLAINT
-against-
APF PROPERTIES LLC, and 24 WEST 57 APF LLC,
Defendants.
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Plaintiff Soho Contracting Corp. (“Soho”), by and through its attorneys, Meltzer, Lippe,
Goldstein & Breitstone, LLP, as and for its Complaint, sets forth the following:
BACKGROUND
1. Soho was at all relevant times hereto and is a corporation organized and existing
under and by virtue of the laws of the State of New York with its place of business located at 131
Varick Street, Suite 1014, New York, New York 10013.
2. Upon information and belief, defendant APF Properties LLC (“APF”) is a limited
liability company organized and existing under and by the virtue of the laws of the State of New
York with its place of business located at 28 West 44th St, New York, New York 10036.
3. Upon information and belief, defendant 24 West 57 APF LLC. (“Owner”) is a
limited liability company organized and existing under and by the virtue of the laws of the State of
New York with its place of business located at 28 West 44th St, New York, New York 10036.
4. Soho and APF entered into an agreement (the “Agreement”) whereby Soho
agreed to provide labor, materials and services to APF in connection with façade repair work (the
“Project”) at the premises known as 24 West 57th Street, New York, New York 10019,
designated block 01272 and lot 0020 on the New York County tax map (the “Premises”).
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5. Soho performed each and every obligation on its part to be performed under the
Agreement and with regard to the Project, excepting those frustrated, waived, and/or impeded by
APF or Owner.
AS AND FOR THE FIRST CAUSE OF ACTION
(FOR FORECLOSURE OF MECHANIC’S LIEN)
6. Soho repeats and re-alleges each and every allegation set for in Paragraphs “1”
through “5” of this Complaint as if fully set forth herein.
7. Upon information and belief, APF and Owner consented to and accepted the
labor, materials and equipment provided by Soho in connection with the Project.
8. That prior to February 21, 2024, Soho became entitled to receive from APF the
sum of at least $33,956.13 for labor, materials and services provided by Soho in connection with
the Project and Agreement, of which the sum of at least $33,956.13 has not been paid despite due
demand therefor.
9. The labor, materials and services provided by Soho were actually for and used in
connection with the Project.
10. On February 21, 2024, pursuant to the provisions of the Lien Law, Soho caused to
be timely filed with the New York County Clerk’s Office, a Notice Under Mechanic’s Lien Law
in due form in the sum of $33,956.13, said sum representing the outstanding amount owned to
Soho by APF in connection with the Project and Agreement (Soho’s “Lien”).
11. Pursuant to the provisions of the Lien Law, on February 22, 2024, Soho served a
copy of its Lien, via Certified Mail, return receipt requested, on APF and Owner.
12. Upon information and belief, neither the aforementioned Lien nor Soho’s claim
thereunder has been waived or discharged in whole or in part.
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13. Upon information and belief, no action has been taken and no proceedings have
heretofore been instituted for the foreclosure or enforcement of Soho’s Lien.
14. Upon information and belief, other than Soho, no other persons or entities have
filed liens on account of the Premises.
15. By reason of the foregoing, Soho is entitled to foreclosure of its Lien and to
recover of defendants the sum of $33,956.13, together with interest thereon.
AS AND FOR THE SECOND CAUSE OF ACTION
(FOR BREACH OF CONTRACT)
16. Soho repeats and re-alleges each and every allegation set for in Paragraphs “1”
through “15” of this Complaint as if fully set forth herein.
17. Upon information and belief, APF and Owner consented to the labor, materials
and services provided by Soho in connection with the Project and Agreement.
18. That the total value of all labor, materials and services performed and/or provided
by Soho to APF in connection with the Project under the Agreement, which remains unpaid, is at
the very least $33,956.13.
19. Despite due demand therefor, APF has failed to make payments for the labor,
materials and services provided by Soho, leaving the sum of $33,956.13 due and owing to Soho.
20. APF’s failure to make payment to Soho constitutes a material breach of the
Agreement.
21. By reason of the foregoing, APF is indebted to Soho in a sum to be determined at
trial, but in no event less than $33,956.13, together with interest thereon.
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AS AND FOR A THIRD CAUSE OF ACTION
(QUANTUM MERUIT)
22. Soho repeats and re-alleges each and every allegation set forth in Paragraphs “1”
through”21” of this Complaint as if fully set forth herein.
23. At the special insistence and request of APF, Soho, in good faith, provided certain
labor, materials and services to APF having a fair and reasonable value of more than $33,956.13.
24. Despite due demand therefor, APF has failed to make a full payment to Soho for
said labor, materials and services, leaving the sum of $33,956.13 due and owing to Soho.
25. By reason of the foregoing, APF is indebted to Soho in a sum to be determined at
trial, but in no event less than $33,956.13, together with interest thereon.
AS AND FOR A FOURTH CAUSE OF ACTION
(ACCOUNT STATED)
26. Soho repeats and re-alleges each and every allegation set forth in Paragraph “1”
through “24” of this Complaint as if fully set forth herein.
27. An account was stated by and between Soho and APF for the sum of at least
$33,956.13, without the objection of APF.
28. Despite due demand thereafter, APF has failed to make full payment for said
account, leaving the sum of at least $33,956.13 due and owing to Soho.
29. By reason of the foregoing, APF is indebted to Soho in a sum to be determined at
trial, but in no event less than $33,956.13.
WHEREFORE, plaintiff Soho Contracting Corp. demands judgment as follows:
(1) As and for the First Cause of Action, adjudicating that plaintiff Soho Contracting
Corp.’s claim is a valid lien to the extent of $33,956.13 with interest thereon from February 21,
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2024, upon the monies due or to become due to plaintiff Soho Contracting Corp. under and by
virtue of a certain agreement; and
(2) As and for the Second, Third and Fourth Causes of Action, in favor of Plaintiff
Soho Contracting Corp. and as against defendants APF Properties LLC and 24 West 57 APF
LLC in a sum to be determined at trial, but in no event less than $33,956.13, together with
interest thereon.
(3) For the costs and disbursements of this action, together with such other and
further relief as the court deems just, proper and equitable.
Dated: Mineola, New York
April 17, 2024
MELTZER, LIPPE, GOLDSTEIN
& BREITSTONE, LLP
Attorneys for Plaintiff Soho Contracting
Corp.
By: /s/ Manny A. Frade
Manny A. Frade, Esq.
Ronald J. Dwyer, Esq.
The Chancery
190 Willis Avenue
Mineola, New York 11501
Telephone: (516) 747-0300 X137
Facsimile: (516) 747-0653
mfrade@meltzerlippe.com
rdwyer@meltzerlippe.com
TO: APF PROPERTIES LLC
28 West 44th Street, 7th Fl,
New York, New York 10036
24 WEST 57 APF LLC
28 West 44th Street, 7th Fl,
New York, New York 10036
4880-6820-7285, v. 1
-5-
7 of 7
Preview
FILED: NEW YORK COUNTY CLERK 04/17/2024 10:05 AM INDEX NO. 651998/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X SOHO CONTRACTING CORP. Index No.: Date Purchased: Plaintiff, SUMMONS -against- Plaintiff designates venue as New York County APF PROPERTIES LLC, and 24 WEST 57 APF LLC, Venue is based upon the location of the Project. Defendants. -------------------------------------------------------------------------X TO: THE ABOVE DEFENDANTS YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of appearance on plaintiff’s attorneys within twenty (20) days after the service of this Summons and Complaint, exclusive of the day of service, or within thirty (30) days after the service is complete if this Summons and Complaint are not personally delivered to you within the State of New York, and in the case of your failure to appear, judgment will be taken against you by default for the relief demanded herein. Dated: Mineola, New York April 17, 2024 MELTZER, LIPPE, GOLDSTEIN & BREITSTONE, LLP Attorneys for Plaintiff Soho Contracting Corp. By: /s/ Manny A. Frade Manny A. Frade, Esq. Ronald J. Dwyer, Esq. The Chancery 190 Willis Avenue Mineola, New York 11501 Telephone: (516) 747-0300 X137 Facsimile: (516) 747-0653 1 of 7 FILED: NEW YORK COUNTY CLERK 04/17/2024 10:05 AM INDEX NO. 651998/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024 mfrade@meltzerlippe.com rdwyer@meltzerlippe.com TO: APF PROPERTIES LLC 28 West 44th Street, 7th Fl, New York, New York 10036 24 WEST 57 APF LLC 28 West 44th Street, 7th Fl, New York, New York 10036 4882-6780-2551, v. 3 -2- 2 of 7 FILED: NEW YORK COUNTY CLERK 04/17/2024 10:05 AM INDEX NO. 651998/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X SOHO CONTRACTING CORP. Index No. Plaintiff, COMPLAINT -against- APF PROPERTIES LLC, and 24 WEST 57 APF LLC, Defendants. -------------------------------------------------------------------------X Plaintiff Soho Contracting Corp. (“Soho”), by and through its attorneys, Meltzer, Lippe, Goldstein & Breitstone, LLP, as and for its Complaint, sets forth the following: BACKGROUND 1. Soho was at all relevant times hereto and is a corporation organized and existing under and by virtue of the laws of the State of New York with its place of business located at 131 Varick Street, Suite 1014, New York, New York 10013. 2. Upon information and belief, defendant APF Properties LLC (“APF”) is a limited liability company organized and existing under and by the virtue of the laws of the State of New York with its place of business located at 28 West 44th St, New York, New York 10036. 3. Upon information and belief, defendant 24 West 57 APF LLC. (“Owner”) is a limited liability company organized and existing under and by the virtue of the laws of the State of New York with its place of business located at 28 West 44th St, New York, New York 10036. 4. Soho and APF entered into an agreement (the “Agreement”) whereby Soho agreed to provide labor, materials and services to APF in connection with façade repair work (the “Project”) at the premises known as 24 West 57th Street, New York, New York 10019, designated block 01272 and lot 0020 on the New York County tax map (the “Premises”). 3 of 7 FILED: NEW YORK COUNTY CLERK 04/17/2024 10:05 AM INDEX NO. 651998/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024 5. Soho performed each and every obligation on its part to be performed under the Agreement and with regard to the Project, excepting those frustrated, waived, and/or impeded by APF or Owner. AS AND FOR THE FIRST CAUSE OF ACTION (FOR FORECLOSURE OF MECHANIC’S LIEN) 6. Soho repeats and re-alleges each and every allegation set for in Paragraphs “1” through “5” of this Complaint as if fully set forth herein. 7. Upon information and belief, APF and Owner consented to and accepted the labor, materials and equipment provided by Soho in connection with the Project. 8. That prior to February 21, 2024, Soho became entitled to receive from APF the sum of at least $33,956.13 for labor, materials and services provided by Soho in connection with the Project and Agreement, of which the sum of at least $33,956.13 has not been paid despite due demand therefor. 9. The labor, materials and services provided by Soho were actually for and used in connection with the Project. 10. On February 21, 2024, pursuant to the provisions of the Lien Law, Soho caused to be timely filed with the New York County Clerk’s Office, a Notice Under Mechanic’s Lien Law in due form in the sum of $33,956.13, said sum representing the outstanding amount owned to Soho by APF in connection with the Project and Agreement (Soho’s “Lien”). 11. Pursuant to the provisions of the Lien Law, on February 22, 2024, Soho served a copy of its Lien, via Certified Mail, return receipt requested, on APF and Owner. 12. Upon information and belief, neither the aforementioned Lien nor Soho’s claim thereunder has been waived or discharged in whole or in part. 4880-6820-7285, v. 1 -2- 4 of 7 FILED: NEW YORK COUNTY CLERK 04/17/2024 10:05 AM INDEX NO. 651998/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024 13. Upon information and belief, no action has been taken and no proceedings have heretofore been instituted for the foreclosure or enforcement of Soho’s Lien. 14. Upon information and belief, other than Soho, no other persons or entities have filed liens on account of the Premises. 15. By reason of the foregoing, Soho is entitled to foreclosure of its Lien and to recover of defendants the sum of $33,956.13, together with interest thereon. AS AND FOR THE SECOND CAUSE OF ACTION (FOR BREACH OF CONTRACT) 16. Soho repeats and re-alleges each and every allegation set for in Paragraphs “1” through “15” of this Complaint as if fully set forth herein. 17. Upon information and belief, APF and Owner consented to the labor, materials and services provided by Soho in connection with the Project and Agreement. 18. That the total value of all labor, materials and services performed and/or provided by Soho to APF in connection with the Project under the Agreement, which remains unpaid, is at the very least $33,956.13. 19. Despite due demand therefor, APF has failed to make payments for the labor, materials and services provided by Soho, leaving the sum of $33,956.13 due and owing to Soho. 20. APF’s failure to make payment to Soho constitutes a material breach of the Agreement. 21. By reason of the foregoing, APF is indebted to Soho in a sum to be determined at trial, but in no event less than $33,956.13, together with interest thereon. 4880-6820-7285, v. 1 -3- 5 of 7 FILED: NEW YORK COUNTY CLERK 04/17/2024 10:05 AM INDEX NO. 651998/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024 AS AND FOR A THIRD CAUSE OF ACTION (QUANTUM MERUIT) 22. Soho repeats and re-alleges each and every allegation set forth in Paragraphs “1” through”21” of this Complaint as if fully set forth herein. 23. At the special insistence and request of APF, Soho, in good faith, provided certain labor, materials and services to APF having a fair and reasonable value of more than $33,956.13. 24. Despite due demand therefor, APF has failed to make a full payment to Soho for said labor, materials and services, leaving the sum of $33,956.13 due and owing to Soho. 25. By reason of the foregoing, APF is indebted to Soho in a sum to be determined at trial, but in no event less than $33,956.13, together with interest thereon. AS AND FOR A FOURTH CAUSE OF ACTION (ACCOUNT STATED) 26. Soho repeats and re-alleges each and every allegation set forth in Paragraph “1” through “24” of this Complaint as if fully set forth herein. 27. An account was stated by and between Soho and APF for the sum of at least $33,956.13, without the objection of APF. 28. Despite due demand thereafter, APF has failed to make full payment for said account, leaving the sum of at least $33,956.13 due and owing to Soho. 29. By reason of the foregoing, APF is indebted to Soho in a sum to be determined at trial, but in no event less than $33,956.13. WHEREFORE, plaintiff Soho Contracting Corp. demands judgment as follows: (1) As and for the First Cause of Action, adjudicating that plaintiff Soho Contracting Corp.’s claim is a valid lien to the extent of $33,956.13 with interest thereon from February 21, 4880-6820-7285, v. 1 -4- 6 of 7 FILED: NEW YORK COUNTY CLERK 04/17/2024 10:05 AM INDEX NO. 651998/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024 2024, upon the monies due or to become due to plaintiff Soho Contracting Corp. under and by virtue of a certain agreement; and (2) As and for the Second, Third and Fourth Causes of Action, in favor of Plaintiff Soho Contracting Corp. and as against defendants APF Properties LLC and 24 West 57 APF LLC in a sum to be determined at trial, but in no event less than $33,956.13, together with interest thereon. (3) For the costs and disbursements of this action, together with such other and further relief as the court deems just, proper and equitable. Dated: Mineola, New York April 17, 2024 MELTZER, LIPPE, GOLDSTEIN & BREITSTONE, LLP Attorneys for Plaintiff Soho Contracting Corp. By: /s/ Manny A. Frade Manny A. Frade, Esq. Ronald J. Dwyer, Esq. The Chancery 190 Willis Avenue Mineola, New York 11501 Telephone: (516) 747-0300 X137 Facsimile: (516) 747-0653 mfrade@meltzerlippe.com rdwyer@meltzerlippe.com TO: APF PROPERTIES LLC 28 West 44th Street, 7th Fl, New York, New York 10036 24 WEST 57 APF LLC 28 West 44th Street, 7th Fl, New York, New York 10036 4880-6820-7285, v. 1 -5- 7 of 7