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FILED: NEW YORK COUNTY CLERK 02/28/2020 10:02 AM INDEX NO. 152176/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
DAMIAN SKIBA, and PAWEL POLIWKA individually
and on behalf of all other persons similarly situated who Index No.:
were employed by KRANG GROUP, INC. and AFL
GENERAL CONSTRUCTION, INC., along with other
entities affiliated or controlled by. KRANG GROUP, INC. SUMMONS
and AFL GENERAL CONSTRUCTION, INC. with respect
to certain Public Works Projects awarded by THE CITY OF
NEW YORK and THE STATE OF NEW YORK,
Plaintiffs,
- against-
AFL GENERAL CONSTRUCTION, INC. and KRANG
GROUP, INC.
Defendants.
TO THE ABOVE NAMED DEFENDANTS:
You are hereby summoned to serve upon Plaintiffs’ attorneys an answer to the
Complaint in this action within 30 days after service of this summons. In case of your failure to
answer, judgment will be taken against you by default for the relief demanded in the complaint.
Dated: New York, New York
February 28, 2020
VIRGINIA & AMBINDER, LLP
__/s/ Lloyd Ambinder__
By: Lloyd Ambinder, Esq.
40 Broad Street, 7th Floor
New York, New York 10004
(212) 943-9080
Attorneys for Plaintiffs and Putative Class
To: AFL General Construction Co., Inc.
36 Commerce Drive
Farmingdale, New York 11735
Krang Group, Inc.
1073 Ovington Ave, Apt 2F
Brooklyn, New York 11219
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
DAMIAN SKIBA, and PAWEL POLIWKA individually
and on behalf of all other persons similarly situated who Index No.:
were employed by KRANG GROUP, INC. and AFL
GENERAL CONSTRUCTION, INC., along with other
entities affiliated or controlled by. KRANG GROUP, INC. CLASS ACTION
and AFL GENERAL CONSTRUCTION, INC. with respect COMPLAINT
to certain Public Works Projects awarded by THE CITY OF
NEW YORK and THE STATE OF NEW YORK,
Plaintiffs,
- against-
AFL GENERAL CONSTRUCTION, INC. and KRANG
GROUP, INC.
Defendants.
Plaintiffs DAMIAN SKIBA and PAWEL POLIWKA (“Named Plaintiffs”), on behalf of
the putative class, by their attorneys, Virginia & Ambinder, LLP, for their Complaint against
Defendant, allege as follows:
PRELIMINARY STATEMENT
1. This action is brought on behalf of the Named Plaintiffs and a putative class of
individuals who worked as carpenters, ironworkers, painters, construction laborers, roofers and
in other related construction trades (collectively “Plaintiffs”) for AFL GENERAL
CONSTRUCTION, INC. (“AFL GC”) and KRANG GROUP, INC. (“KRANG” and collectively
the “Contractor Defendants”) to recover wages and benefits which Plaintiffs and the members of
the putative class were statutorily and contractually entitled to receive for work they performed
on various public works projects contracted with various government entities and their agencies
and divisions including but not limited to the New York State Office of Parks Recreation and
Historic Preservation (“NYSPRHP”), for work performed at a project known as the Jones Beach
Field Six Bath House (the “Public Works Projects”).
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2. Plaintiffs, individually and on behalf of the putative class, seek to recover unpaid
prevailing wages and/or supplemental benefits which they are statutorily and contractually
entitled to receive for their services performed at the Public Works Projects.
THE PARTIES
3. Plaintiffs, and other members of the putative class, are individuals residing in
New York who worked for AFL GC performing construction work at the sites of the Public
Works Projects.
4. Upon information and belief, Defendant AFL General Construction, Inc. (“AFL
GC”) is a corporation incorporated under the laws of the State of New York, with its principal
location at 36 Commerce Drive, Farmingdale NY, 11735. AFL GC is engaged in the
construction business and employed and/or jointly employed Plaintiffs at all relevant times to
perform work at the Public Works Projects.
5. Upon information and belief, Defendant Krang Group, Inc. (“Krang”) is a
corporation incorporated under the laws of the State of New York, with its principal location at
1073 Ovington Avenue, Apartment 2F, Brooklyn, New York 11219. Krang is engaged in the
construction business and employed and/or jointly employed Plaintiffs at all relevant times.
CLASS ALLEGATIONS
6. This action is properly maintainable as a class action pursuant to Article 9 of the
New York Civil Practice Law and Rules.
7. This action is brought on behalf of the Plaintiffs and a class consisting of each and
every other person who performed work in such trades, which include but are not limited to
roofers, sheet metal workers, and other related construction trades for AFL GC and Krang.
8. The putative class is so numerous that joinder of all members is impracticable.
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The size of the putative class is believed to be in excess of thirty (30) employees. In addition, the
names of all potential members of the putative class are not known or knowable without
Defendants’ records or discovery.
9. The questions of law and fact common to the putative class predominate over any
questions affecting only individual members. These questions of law and fact include, but are not
limited to: (1) whether AFL GC and Krang failed to pay prevailing wages and supplemental
benefits to Plaintiffs and members of the putative class for work they performed on the Public
Works Projects; and (2) whether AFL GC and Krang failed to pay overtime wages at one and
one half time the regular hourly prevailing wage, rate for all the hours over forty worked in one
week, to Plaintiffs and members of the putative class for work they performed on the Public
Works Projects.
10. The claims of the Named Plaintiffs are typical of the claims of the putative class
members. The Plaintiffs and putative class members were all subject to AFL GC and Krang’s
policies and willful practice of refusing to pay employees prevailing wages and supplemental
benefits. The Plaintiffs and the putative class members have thus sustained similar injuries as a
result of AFL GC and Krang’s actions.
11. Plaintiffs and their counsel will fairly and adequately protect the interests of the
putative class. Plaintiffs have retained counsel experienced in complex wage and hour collective
and class action litigation.
12. A class action is superior to other available methods for the fair and efficient
adjudication of this controversy. The Named Plaintiffs and putative class action members lack
the financial resources to adequately prosecute separate lawsuits against Contractor Defendants.
A class action will also prevent unduly duplicative litigation resulting from inconsistent
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judgments pertaining to the Contractor Defendants' policies.
GENERAL FACTUAL ALLEGATIONS
13. Upon information and belief, beginning in or about 2014, AFL GC and/or Krang
entered contracts to perform construction work at the sites of the Public Works Projects (the
“Public Work Contracts”).
14. Plaintiffs performed various types of construction-related improvement work
including, interior and exterior construction work at the Public Works Projects.
15. Upon information and belief, a schedule of prevailing rates of wages and
supplemental benefits (“Prevailing Wage Schedule”) to be paid was annexed to and was made a
part of each of the Public Works Contracts.
16. Upon further information and belief, the Prevailing Wage Schedule annexed to
the Public Works Contracts were the schedule of prevailing rates of wages and supplemental
benefits issued for the year in which the Public Works Contracts was let.
17. This promise to pay and ensure payment of the prevailing wage and supplemental
benefit rates in the Public Works Contracts was made for the benefit of all workers furnishing
labor on the sites of the Public Works Projects and, as such, the workers furnishing labor on the
sites of the Public Works Projects are the beneficiaries of that promise.
18. Upon information and belief, the Public Work Contracts further required AFL GC
and Krang, to the extent itwas the prime contractor of record on a Public Works Project, to
oversee the performance of the work, and to ensure that workers employed at the project site
were paid prevailing wage and supplemental benefits.
19. Defendants AFL GC and Krang failed to pay and/or failed to ensure, that the
Plaintiffs and members of the putative class were paid the prevailing rates of wages and
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supplements to which Plaintiffs were entitled.
FIRST CAUSE OF ACTION, AGAINST
AFL GENERAL CONSTRUCTION. INC. -- BREACH OF CONTRACT
20. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 19
hereof.
21. Upon information and belief, the Public Works Contracts or subcontracts entered
into by AFL GC and Krang set forth the prevailing rates of wages and supplemental benefits to
be paid to the Plaintiffs.
22. Upon information and belief, those prevailing rates of wages and supplemental
benefits were made part of the Public Works Contracts or subcontracts for the benefit of the
Plaintiffs.
23. AFL GC and Krang breached the Public Works Contracts or subcontracts by
failing to pay the Plaintiffs the prevailing rates of wages and supplemental benefits for all labor
performed upon the Public Works Projects.
24. Upon information and belief, by reason of the alleged joint or individual breach of
the Public Works Contracts or subcontracts by AFL GC, the Plaintiffs have been damaged in an
amount to be determined at trial, plus interest, costs and attorneys’ fees.
WHEREFORE, Plaintiffs demand judgment:
(1) on their first cause of action for unpaid prevailing wages and supplemental benefits,
against Defendants AFL GC and Krang, in the amount in to be determined at trial, plus interest,
attorney’s fees and costs; and
(2) such other and further relief as the Court may deem just and proper.
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Dated: New York, New York
February 28, 2020
VIRGINIA & AMBINDER, LLP
__/s/ Lloyd Ambinder__
By: Lloyd Ambinder, Esq.
40 Broad Street, 7th Floor
New York, New York 10004
(212) 943-9080
Attorneys for Plaintiffs and Putative Class
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FILED: NEW YORK COUNTY CLERK 02/28/2020 10:02 AM INDEX NO. 152176/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK DAMIAN SKIBA, and PAWEL POLIWKA individually and on behalf of all other persons similarly situated who Index No.: were employed by KRANG GROUP, INC. and AFL GENERAL CONSTRUCTION, INC., along with other entities affiliated or controlled by. KRANG GROUP, INC. SUMMONS and AFL GENERAL CONSTRUCTION, INC. with respect to certain Public Works Projects awarded by THE CITY OF NEW YORK and THE STATE OF NEW YORK, Plaintiffs, - against- AFL GENERAL CONSTRUCTION, INC. and KRANG GROUP, INC. Defendants. TO THE ABOVE NAMED DEFENDANTS: You are hereby summoned to serve upon Plaintiffs’ attorneys an answer to the Complaint in this action within 30 days after service of this summons. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York February 28, 2020 VIRGINIA & AMBINDER, LLP __/s/ Lloyd Ambinder__ By: Lloyd Ambinder, Esq. 40 Broad Street, 7th Floor New York, New York 10004 (212) 943-9080 Attorneys for Plaintiffs and Putative Class To: AFL General Construction Co., Inc. 36 Commerce Drive Farmingdale, New York 11735 Krang Group, Inc. 1073 Ovington Ave, Apt 2F Brooklyn, New York 11219 1 of 7 FILED: NEW YORK COUNTY CLERK 02/28/2020 10:02 AM INDEX NO. 152176/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK DAMIAN SKIBA, and PAWEL POLIWKA individually and on behalf of all other persons similarly situated who Index No.: were employed by KRANG GROUP, INC. and AFL GENERAL CONSTRUCTION, INC., along with other entities affiliated or controlled by. KRANG GROUP, INC. CLASS ACTION and AFL GENERAL CONSTRUCTION, INC. with respect COMPLAINT to certain Public Works Projects awarded by THE CITY OF NEW YORK and THE STATE OF NEW YORK, Plaintiffs, - against- AFL GENERAL CONSTRUCTION, INC. and KRANG GROUP, INC. Defendants. Plaintiffs DAMIAN SKIBA and PAWEL POLIWKA (“Named Plaintiffs”), on behalf of the putative class, by their attorneys, Virginia & Ambinder, LLP, for their Complaint against Defendant, allege as follows: PRELIMINARY STATEMENT 1. This action is brought on behalf of the Named Plaintiffs and a putative class of individuals who worked as carpenters, ironworkers, painters, construction laborers, roofers and in other related construction trades (collectively “Plaintiffs”) for AFL GENERAL CONSTRUCTION, INC. (“AFL GC”) and KRANG GROUP, INC. (“KRANG” and collectively the “Contractor Defendants”) to recover wages and benefits which Plaintiffs and the members of the putative class were statutorily and contractually entitled to receive for work they performed on various public works projects contracted with various government entities and their agencies and divisions including but not limited to the New York State Office of Parks Recreation and Historic Preservation (“NYSPRHP”), for work performed at a project known as the Jones Beach Field Six Bath House (the “Public Works Projects”). 1 2 of 7 FILED: NEW YORK COUNTY CLERK 02/28/2020 10:02 AM INDEX NO. 152176/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2020 2. Plaintiffs, individually and on behalf of the putative class, seek to recover unpaid prevailing wages and/or supplemental benefits which they are statutorily and contractually entitled to receive for their services performed at the Public Works Projects. THE PARTIES 3. Plaintiffs, and other members of the putative class, are individuals residing in New York who worked for AFL GC performing construction work at the sites of the Public Works Projects. 4. Upon information and belief, Defendant AFL General Construction, Inc. (“AFL GC”) is a corporation incorporated under the laws of the State of New York, with its principal location at 36 Commerce Drive, Farmingdale NY, 11735. AFL GC is engaged in the construction business and employed and/or jointly employed Plaintiffs at all relevant times to perform work at the Public Works Projects. 5. Upon information and belief, Defendant Krang Group, Inc. (“Krang”) is a corporation incorporated under the laws of the State of New York, with its principal location at 1073 Ovington Avenue, Apartment 2F, Brooklyn, New York 11219. Krang is engaged in the construction business and employed and/or jointly employed Plaintiffs at all relevant times. CLASS ALLEGATIONS 6. This action is properly maintainable as a class action pursuant to Article 9 of the New York Civil Practice Law and Rules. 7. This action is brought on behalf of the Plaintiffs and a class consisting of each and every other person who performed work in such trades, which include but are not limited to roofers, sheet metal workers, and other related construction trades for AFL GC and Krang. 8. The putative class is so numerous that joinder of all members is impracticable. 2 3 of 7 FILED: NEW YORK COUNTY CLERK 02/28/2020 10:02 AM INDEX NO. 152176/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2020 The size of the putative class is believed to be in excess of thirty (30) employees. In addition, the names of all potential members of the putative class are not known or knowable without Defendants’ records or discovery. 9. The questions of law and fact common to the putative class predominate over any questions affecting only individual members. These questions of law and fact include, but are not limited to: (1) whether AFL GC and Krang failed to pay prevailing wages and supplemental benefits to Plaintiffs and members of the putative class for work they performed on the Public Works Projects; and (2) whether AFL GC and Krang failed to pay overtime wages at one and one half time the regular hourly prevailing wage, rate for all the hours over forty worked in one week, to Plaintiffs and members of the putative class for work they performed on the Public Works Projects. 10. The claims of the Named Plaintiffs are typical of the claims of the putative class members. The Plaintiffs and putative class members were all subject to AFL GC and Krang’s policies and willful practice of refusing to pay employees prevailing wages and supplemental benefits. The Plaintiffs and the putative class members have thus sustained similar injuries as a result of AFL GC and Krang’s actions. 11. Plaintiffs and their counsel will fairly and adequately protect the interests of the putative class. Plaintiffs have retained counsel experienced in complex wage and hour collective and class action litigation. 12. A class action is superior to other available methods for the fair and efficient adjudication of this controversy. The Named Plaintiffs and putative class action members lack the financial resources to adequately prosecute separate lawsuits against Contractor Defendants. A class action will also prevent unduly duplicative litigation resulting from inconsistent 3 4 of 7 FILED: NEW YORK COUNTY CLERK 02/28/2020 10:02 AM INDEX NO. 152176/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2020 judgments pertaining to the Contractor Defendants' policies. GENERAL FACTUAL ALLEGATIONS 13. Upon information and belief, beginning in or about 2014, AFL GC and/or Krang entered contracts to perform construction work at the sites of the Public Works Projects (the “Public Work Contracts”). 14. Plaintiffs performed various types of construction-related improvement work including, interior and exterior construction work at the Public Works Projects. 15. Upon information and belief, a schedule of prevailing rates of wages and supplemental benefits (“Prevailing Wage Schedule”) to be paid was annexed to and was made a part of each of the Public Works Contracts. 16. Upon further information and belief, the Prevailing Wage Schedule annexed to the Public Works Contracts were the schedule of prevailing rates of wages and supplemental benefits issued for the year in which the Public Works Contracts was let. 17. This promise to pay and ensure payment of the prevailing wage and supplemental benefit rates in the Public Works Contracts was made for the benefit of all workers furnishing labor on the sites of the Public Works Projects and, as such, the workers furnishing labor on the sites of the Public Works Projects are the beneficiaries of that promise. 18. Upon information and belief, the Public Work Contracts further required AFL GC and Krang, to the extent itwas the prime contractor of record on a Public Works Project, to oversee the performance of the work, and to ensure that workers employed at the project site were paid prevailing wage and supplemental benefits. 19. Defendants AFL GC and Krang failed to pay and/or failed to ensure, that the Plaintiffs and members of the putative class were paid the prevailing rates of wages and 4 5 of 7 FILED: NEW YORK COUNTY CLERK 02/28/2020 10:02 AM INDEX NO. 152176/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2020 supplements to which Plaintiffs were entitled. FIRST CAUSE OF ACTION, AGAINST AFL GENERAL CONSTRUCTION. INC. -- BREACH OF CONTRACT 20. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 19 hereof. 21. Upon information and belief, the Public Works Contracts or subcontracts entered into by AFL GC and Krang set forth the prevailing rates of wages and supplemental benefits to be paid to the Plaintiffs. 22. Upon information and belief, those prevailing rates of wages and supplemental benefits were made part of the Public Works Contracts or subcontracts for the benefit of the Plaintiffs. 23. AFL GC and Krang breached the Public Works Contracts or subcontracts by failing to pay the Plaintiffs the prevailing rates of wages and supplemental benefits for all labor performed upon the Public Works Projects. 24. Upon information and belief, by reason of the alleged joint or individual breach of the Public Works Contracts or subcontracts by AFL GC, the Plaintiffs have been damaged in an amount to be determined at trial, plus interest, costs and attorneys’ fees. WHEREFORE, Plaintiffs demand judgment: (1) on their first cause of action for unpaid prevailing wages and supplemental benefits, against Defendants AFL GC and Krang, in the amount in to be determined at trial, plus interest, attorney’s fees and costs; and (2) such other and further relief as the Court may deem just and proper. 5 6 of 7 FILED: NEW YORK COUNTY CLERK 02/28/2020 10:02 AM INDEX NO. 152176/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2020 Dated: New York, New York February 28, 2020 VIRGINIA & AMBINDER, LLP __/s/ Lloyd Ambinder__ By: Lloyd Ambinder, Esq. 40 Broad Street, 7th Floor New York, New York 10004 (212) 943-9080 Attorneys for Plaintiffs and Putative Class 6 7 of 7