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FILED: KINGS COUNTY CLERK 04/17/2024 12:13 PM INDEX NO. 511003/2024
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/17/2024
At an IAS Part ____ of the Supreme
Court of the State of New York, held
in and for the County of Kings, at the
courthouse thereof located at 360
Adams Street, Brooklyn, NY 11201
on the ___ day of __________, 2024.
P R E S E N T:
HON. ___________________________, J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------------X
In the Matter of the Arbitration between Index No.
STANDARD ENVIRONMENTAL LLC,
Petitioner,
- and - ORDER AND JUDGMENT
WINSON CONSTRUCTION INC.,
Respondent.
------------------------------------------------------------------------X
UPON the Notice of Petition and Verified Petition in the above-entitled action, having
been served pursuant to §308 of the New York State Civil Practice Law and Rules (“CPLR”) upon
the Respondent Winson Construction Inc. (“Winson” or “Respondent”), on the ____ day of April,
2024, along with the accompanying Affidavit of Scott Rosenthal in Support of Verified Petition
(“Rosenthal Aff.”), dated and sworn to on April 12, 2024, and the issues in the above-entitled
action, having duly come on to be heard in an arbitration proceeding before Arbitrator Dan M.
Rice, Esq. of the American Arbitration Association on February 6, 2024, with an Arbitrator’s
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FILED: KINGS COUNTY CLERK 04/17/2024 12:13 PM INDEX NO. 511003/2024
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/17/2024
Award entered in Petitioner Standard Environmental LLC’s favor (the “Award”) on February 27,
2024;
NOW, upon (1) the accompanying Rosenthal Aff., (2) the Award issued by Arbitrator Dan
M. Rice, Esq. determining that Petitioner is entitled to (i) Two Hundred Seventy-Eight Thousand
Eight Hundred Seventy-Five and 00/100 Dollars ($278,875.00) for breach of contract with respect
to the construction project located at 518 2nd Street, Brooklyn, NY 11215 [thereby exceeding
Respondent’s lien amount of $62,550.00 as against the project property], and (ii) One Hundred
Eleven Thousand Six Hundred Twelve and 00/100 Dollars ($111,612.00) for breach of contract
with respect to the construction project located at 88 Herkimer Street, Brooklyn, NY 11216
[thereby exceeding Respondent’s lien amount of $17,375.00 as against the project property], and
(3) the Notice of Petition and Verified Petition filed on April 17, 2023, and proof of service thereof,
for, pursuant to New York State Lien Law §19(5), the discharge of Respondent’s Notice of
Mechanic’s Liens (as described herein) and granting of a Judgment showing a final determination
of the action in favor of the owners of the subject properties – located at 519 2nd Street, Brooklyn,
NY 11215 and 88 Herkimer Street, Brooklyn, NY 11216, respectively – against which
Respondents subject mechanic’s liens were claimed, it is
ORDERED, ADJUDGED AND DECREED that, pursuant to New York State Lien Law
§19(5), Respondent Winson Construction Inc.’s Notice of Mechanic’s Lien in the amount of
$62,550.00 as against the property located at 519 2nd Street, Brooklyn, NY 11215, filed with the
Kings County Clerk on August 29, 2023, naming Petitioner as the Contractor and contracting party
therein, is hereby deemed null and void on account of an arbitrator’s reasoned determination that
funds are owed by Respondent to Petitioner, with no funds owed by Petitioner to Respondent, and
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FILED: KINGS COUNTY CLERK 04/17/2024 12:13 PM INDEX NO. 511003/2024
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/17/2024
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to
New York State Lien Law §19(5), Respondent Winson Construction Inc.’s Notice of Mechanic’s
Lien in the amount of $17,375.00 as against the property located at 88 Herkimer Street, Brooklyn,
NY 11216, filed with the Kings County Clerk on August 22, 2023, naming Petitioner as the
Contractor and contracting party therein, is hereby deemed null and void on account of an
arbitrator’s reasoned determination that funds are owed by Respondent to Petitioner, with no funds
owed by Petitioner to Respondent.
Judgment signed this ____ day of ____________, 2024.
E N T E R:
________________________________
, J.S.C.
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Preview
FILED: KINGS COUNTY CLERK 04/17/2024 12:13 PM INDEX NO. 511003/2024 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/17/2024 At an IAS Part ____ of the Supreme Court of the State of New York, held in and for the County of Kings, at the courthouse thereof located at 360 Adams Street, Brooklyn, NY 11201 on the ___ day of __________, 2024. P R E S E N T: HON. ___________________________, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------X In the Matter of the Arbitration between Index No. STANDARD ENVIRONMENTAL LLC, Petitioner, - and - ORDER AND JUDGMENT WINSON CONSTRUCTION INC., Respondent. ------------------------------------------------------------------------X UPON the Notice of Petition and Verified Petition in the above-entitled action, having been served pursuant to §308 of the New York State Civil Practice Law and Rules (“CPLR”) upon the Respondent Winson Construction Inc. (“Winson” or “Respondent”), on the ____ day of April, 2024, along with the accompanying Affidavit of Scott Rosenthal in Support of Verified Petition (“Rosenthal Aff.”), dated and sworn to on April 12, 2024, and the issues in the above-entitled action, having duly come on to be heard in an arbitration proceeding before Arbitrator Dan M. Rice, Esq. of the American Arbitration Association on February 6, 2024, with an Arbitrator’s 1 FILED: KINGS COUNTY CLERK 04/17/2024 12:13 PM INDEX NO. 511003/2024 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/17/2024 Award entered in Petitioner Standard Environmental LLC’s favor (the “Award”) on February 27, 2024; NOW, upon (1) the accompanying Rosenthal Aff., (2) the Award issued by Arbitrator Dan M. Rice, Esq. determining that Petitioner is entitled to (i) Two Hundred Seventy-Eight Thousand Eight Hundred Seventy-Five and 00/100 Dollars ($278,875.00) for breach of contract with respect to the construction project located at 518 2nd Street, Brooklyn, NY 11215 [thereby exceeding Respondent’s lien amount of $62,550.00 as against the project property], and (ii) One Hundred Eleven Thousand Six Hundred Twelve and 00/100 Dollars ($111,612.00) for breach of contract with respect to the construction project located at 88 Herkimer Street, Brooklyn, NY 11216 [thereby exceeding Respondent’s lien amount of $17,375.00 as against the project property], and (3) the Notice of Petition and Verified Petition filed on April 17, 2023, and proof of service thereof, for, pursuant to New York State Lien Law §19(5), the discharge of Respondent’s Notice of Mechanic’s Liens (as described herein) and granting of a Judgment showing a final determination of the action in favor of the owners of the subject properties – located at 519 2nd Street, Brooklyn, NY 11215 and 88 Herkimer Street, Brooklyn, NY 11216, respectively – against which Respondents subject mechanic’s liens were claimed, it is ORDERED, ADJUDGED AND DECREED that, pursuant to New York State Lien Law §19(5), Respondent Winson Construction Inc.’s Notice of Mechanic’s Lien in the amount of $62,550.00 as against the property located at 519 2nd Street, Brooklyn, NY 11215, filed with the Kings County Clerk on August 29, 2023, naming Petitioner as the Contractor and contracting party therein, is hereby deemed null and void on account of an arbitrator’s reasoned determination that funds are owed by Respondent to Petitioner, with no funds owed by Petitioner to Respondent, and 2 FILED: KINGS COUNTY CLERK 04/17/2024 12:13 PM INDEX NO. 511003/2024 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/17/2024 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to New York State Lien Law §19(5), Respondent Winson Construction Inc.’s Notice of Mechanic’s Lien in the amount of $17,375.00 as against the property located at 88 Herkimer Street, Brooklyn, NY 11216, filed with the Kings County Clerk on August 22, 2023, naming Petitioner as the Contractor and contracting party therein, is hereby deemed null and void on account of an arbitrator’s reasoned determination that funds are owed by Respondent to Petitioner, with no funds owed by Petitioner to Respondent. Judgment signed this ____ day of ____________, 2024. E N T E R: ________________________________ , J.S.C. 3