Preview
FILED: ONEIDA COUNTY CLERK 08/05/2020 05:29 PM INDEX NO. EFCA2020-001516
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONEIDA
INDEX NO.:
NADIA C. GREGORY,
Plaintiff, Plaintiff Designates:
Oneida County as the
vs. Place of Trial
The Basis of the
MOHAWK VALLEY ENVIRONMENTAL SERVICES, LLC Venue isCPLR
d/b/a SERVICE MASTER OF UTICA; SERVICE MASTER BY
INTEGRITY; EDWARD PREVOST and DAWN PREVOST, SUMMONS
Individually and d/b/a SERVICE MASTER OF UTICA,
Pisiñtiff resides in
Defendants. County of Oneida
TO THE ABOVE-NAMED DEFENDANT:
MOHAWK VALLEY ENVIRONMENTAL SERVICES, LLC d/b/a SERVICE MASTER OF
UTICA; SERVICE MASTER BY INTEGRITY; EDWARD PREVOST and DAWN PREVOST.
Individizativ and d/b/a SERVICE MASTER OF UTICA
YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of your
answer, or, if the complaint is not served with this summent to serve a notice of appearance, on the
Plaintiff s Attorney within 20 days after the service of this summoñs, exclusive of the day of service (or
within 30 days after the service iscomp!ete ifthis summons is not personally delivered to you within the
State of New York); and in case of your failure to appear or answer, judgment will be taken against you
by default for the relief dema::ded in the complaint.
Dated: , 2020
Gustave J. DeTraglia, Jr. Esq.
Attorney for the Plaintif
Office and PO Address
1425 Genesee Street
Utica, New York 13501
Telephone: 315-738-1133
TO: Edward Prevost and Dawn Prevost
d/b/a Service Master by Integrity
1 Prospect Street
Amsterdam, NY 12010
Service Master of Utica
1500 Bleecker Street
Utica, NY 13501
Filed In Oneida Clerks Office 8/5/2020 1 of
05:29:01 7 PM Index # EFCA2020-001516
County
FILED: ONEIDA COUNTY CLERK 08/05/2020 05:29 PM INDEX NO. EFCA2020-001516
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONEIDA
NADIA C. GREGORY,
Plaintiff,
vs. COMPLAINT
MOHAWK VALLEY ENVIRONMENTAL SERVICES, LLC
d/b/a SERVICE MASTER OF UTICA; SERVICE MASTER BY
INTEGRITY; EDWARD PREVOST and DAWN PREVOST,
Individually and d/b/a SERVICE MASTER OF UTICA,
Defendants.
The Plaintiff, by and through her attorney, Gustave J. DeTraglia Jr., Esq., respectfully
shows to this Court and sets forth as follows.
1. That the Plaintiff, at all times herein mentioned, was and stillis a resident of the City of
Utica, County of Oneida and State of New York.
2. That upon information and belief, and at all times hereinafter mentioned, the Defendants,
Edward Prevost and Dawn Prevost, owned and operated the businesses known as Service
Master by Integrity and Service Master of Utica, and were, and stillare residents of the
City of Amsterdam, County of Montgomery and State ofNew York.
27*
3. That on or about the day of June, 2019, the Plaintiff suffered a fire loss at her
residence, located at 1107 Warren Street, Utica, New York 13502. The Defendants, who
were preferred contractors of State Farm Fire and Casualty Company, commenced work
on the Plaintiffs property shortly thereafter to repair it.
4. That the work, labor and services performed by the Defendants were not performed in a
good and workmanlike manner to standard practices, and in was
according fact,
substantially defective.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020
5. That the Plaintiff notified the Defendante of their defective and incomplete work and
poor workmanship, and the Defendants have wholly failed and refused to correct the
work.
6. That the defect in the work, labor and services consisted of failing to provide certain
materials and labor required to properly repair the Plaintiff's residence, which was paid
for by the Plainties insurance company, State Farm Fire and Casualty Company. The
Defendants substituted different materials than required to properly repair the home;
failed to provide air conditioning and dishwdsher; failed to provide the proper receptacles
to remove the debris from PlaintifPs residence and failed to remove all debris from
PlaintiFs residence; failed to properly or sufficiently rewire portions of Plaintiff's
residence; failed to remove and replace certain duct work; failed to provide the proper
water supply line in copper with fitting; failed to remove damaged plumbing stillstored
in Plaintiff's yard; failed to provide flooring as specified for the dining room, kitchen,
and bathroom; failed to replace the bathroom vent; failed to replace cove molding; failed
to replace the vanity; failed to provide the proper vinyl to metal transition strips in the
kitchen; installed vinyl instead of tile flooring in certain areas of the residence; failed to
stain and finish paneling; failed to provide cabinetry and vanities specified, or furnished
insufficient substitute cabinetry and vanity; failed to provide the concrete sealer and
apply it to the bacement floor; failed to provide a sufficient dumpster to remove material
from Plaintiff's residence; failed to seal the floor or ceiling joist system which shellac;
failed to seal block with masonry sealer; failed to provide cultured or natural marble and
instead provided kminate; failed to provide materials as specified, performed defective
work, labor and services; overcharged for certain materials and services; and the
Defendants otherwise breached the contract with the Plaintiff and were negligent in the
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020
performance of the work at the Plaintiff's residence. The Defeñdañts were otherwise
negligent, careless and breached their agreement with the Plaintiff.
7. That by reason of the premises, the Plaintiff demands judgment in the sum of $50,000.00,
or an amount to stillbe determined, or for the appropriate amount to be determined by the
Court, together with such other, further and different relief.
AS AND FOR A SECOND, SEPARATE AND DISTINCT CAUSE OF ACTION,
THE PLAINTIFF ALLEGES AS FOLLOWS:
8. That the Plaintiff repeats and realleges each and every allegation contained in paragraphs
"1" "7"
marked and numbered through as though fully set forth herein.
Defendants'
9. That the performance of the work, labor and services at PlaintifPs residence
was fraudulent and defrauded the Plaintiff and Plaintiff's insurance company;
misrepresented material and facts; was otherwise fraudulent in failing to complete
Plaintiff's repairs in a good and workmanlike manner; and failed to provide the proper
materials and/or provided substitute materials and in some instances failed to provide any
materials in certain aspects of Plaintiff's repairs; and the Defendants otherwise
committed fraud upon the Plaintiff.
WHEREFORE, the Plaintiff demands judgment against the Defeñdañts in the sum of
$50,000.00 or the appropriate amount to be determined by the Court, plus interest, costs,
disbursements, attorney's fees and for such other, further and different relief as the Plaintiff may
be entitled to in law and equity; and Plaintiff dem-A judgment against the Defendants in the
second cause of action in the sum of $50,000.00 or the appropriate amount to be determined by
the Court, plus interest, costs, disburscments, attorney's fees and for such other, further and
different relief as to the Court may deem just and proper.
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FILED: ONEIDA COUNTY CLERK 08/05/2020 05:29 PM INDEX NO. EFCA2020-001516
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020
Dated: , 2020
Gustave J. DeTragl Jr. Esq.
Attorney for the Pl ntiff
1425 Genesee Street
Utica, New York 13501
Telephone: (315)738-1133
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FILED: ONEIDA COUNTY CLERK 08/05/2020 05:29 PM INDEX NO. EFCA2020-001516
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020
ATTORNEY CERTIFICATION
I, GUSTAVE J. DETRAGLIA, JR., ESQ., HEREBY CERTIFY, under penalty of
perjury, that I have no actual knowledge that the substance of any statements of fact contained in
the annexed document are false. This Certification is based solely and exclusively upon
information provided by the client, and upon the client's information is not false and is not based
upon any review, audit, exci=:ion, inquiry or investigation made by the undersigned attorney,
or by anyone acting on behalf of said attorney.
PLEASE TAKE NOTICE that this Certification is made by the attorney as an officer of
the Court and is directed solely and exclusively to the Court in accordance with 22 NYCRR
202.16(e) and is expressly not directed or extended to the opposing party herein.
PLEASE TAKE FURTHER NOTICE that the opposing party may not and should not
rely upon this Attorney Certification in assessing the truth or validity of the information
contained in the annexed document. The credibility of this submission is no greater than the
credibility of the client represented by the undersigned attorney and the opposing party shüüld
give this document no greater credence merely because itbear this Attorney Certification,
Dated: , 2020
Gustave J. DeT lia,Jr. Es
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020
CLIENT CERTIFICATION
I,NADIA C. GREGORY, DO HEREBY CERTIFY, under penalty of perjury, that I have
carefully read and reviewed the annexed Summons and Complaint, and that all information
contained in such document is true and accurate in all respects to the best of my knowledge and
understanding.
I FURTHER CERTIFY, under penalty of perjury, that neither my attorney, nor anyone
acting on my attorney's behalf, was the source of any of the information contained in the
annexed document; that I provided all of the information contained in the annexed document to
our attomey; and that I understand that our attorney, in executing the Attorney Certification
required by 22 NYCRR 202.16(e) is relying entirely upon the information provided by me and
upon my certification that all such information is true and accurate.
I FURTHER CERTIFY, that the annexed document included all information which I
have provided to our attorney which is relevant to such document and that our attorney has not
deleted, omitted or excluded any such information.
Dated: ) , 2020
N DIA C. GRE RY
STATE OF NEW YORK )
COUNTY OF ONEIDA ) ss.:
I, NADIA C. GREGORY, being duly sworn depose and say: I am the Plaintiff in the
action herein; I have read the annexed Summons and Complaint and know the contents thereof
and the same is true to my knowledge, except those matters therein which are stated to be alleged
on information and belief, and as to those matters I believe t to be true.
NADIA C. GREGO
Sworn to before me this day of , 2020.
GUSTAVE J. DE TRAGLIA, JR.
Notary Public, State of New York
Reg. No. 02DE4527463
Notary Public, neida un y, NY Appo te n ne a y
My Commission Exp:
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Preview
FILED: ONEIDA COUNTY CLERK 08/05/2020 05:29 PM INDEX NO. EFCA2020-001516 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020 STATE OF NEW YORK SUPREME COURT COUNTY OF ONEIDA INDEX NO.: NADIA C. GREGORY, Plaintiff, Plaintiff Designates: Oneida County as the vs. Place of Trial The Basis of the MOHAWK VALLEY ENVIRONMENTAL SERVICES, LLC Venue isCPLR d/b/a SERVICE MASTER OF UTICA; SERVICE MASTER BY INTEGRITY; EDWARD PREVOST and DAWN PREVOST, SUMMONS Individually and d/b/a SERVICE MASTER OF UTICA, Pisiñtiff resides in Defendants. County of Oneida TO THE ABOVE-NAMED DEFENDANT: MOHAWK VALLEY ENVIRONMENTAL SERVICES, LLC d/b/a SERVICE MASTER OF UTICA; SERVICE MASTER BY INTEGRITY; EDWARD PREVOST and DAWN PREVOST. Individizativ and d/b/a SERVICE MASTER OF UTICA YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of your answer, or, if the complaint is not served with this summent to serve a notice of appearance, on the Plaintiff s Attorney within 20 days after the service of this summoñs, exclusive of the day of service (or within 30 days after the service iscomp!ete ifthis summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief dema::ded in the complaint. Dated: , 2020 Gustave J. DeTraglia, Jr. Esq. Attorney for the Plaintif Office and PO Address 1425 Genesee Street Utica, New York 13501 Telephone: 315-738-1133 TO: Edward Prevost and Dawn Prevost d/b/a Service Master by Integrity 1 Prospect Street Amsterdam, NY 12010 Service Master of Utica 1500 Bleecker Street Utica, NY 13501 Filed In Oneida Clerks Office 8/5/2020 1 of 05:29:01 7 PM Index # EFCA2020-001516 County FILED: ONEIDA COUNTY CLERK 08/05/2020 05:29 PM INDEX NO. EFCA2020-001516 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020 STATE OF NEW YORK SUPREME COURT COUNTY OF ONEIDA NADIA C. GREGORY, Plaintiff, vs. COMPLAINT MOHAWK VALLEY ENVIRONMENTAL SERVICES, LLC d/b/a SERVICE MASTER OF UTICA; SERVICE MASTER BY INTEGRITY; EDWARD PREVOST and DAWN PREVOST, Individually and d/b/a SERVICE MASTER OF UTICA, Defendants. The Plaintiff, by and through her attorney, Gustave J. DeTraglia Jr., Esq., respectfully shows to this Court and sets forth as follows. 1. That the Plaintiff, at all times herein mentioned, was and stillis a resident of the City of Utica, County of Oneida and State of New York. 2. That upon information and belief, and at all times hereinafter mentioned, the Defendants, Edward Prevost and Dawn Prevost, owned and operated the businesses known as Service Master by Integrity and Service Master of Utica, and were, and stillare residents of the City of Amsterdam, County of Montgomery and State ofNew York. 27* 3. That on or about the day of June, 2019, the Plaintiff suffered a fire loss at her residence, located at 1107 Warren Street, Utica, New York 13502. The Defendants, who were preferred contractors of State Farm Fire and Casualty Company, commenced work on the Plaintiffs property shortly thereafter to repair it. 4. That the work, labor and services performed by the Defendants were not performed in a good and workmanlike manner to standard practices, and in was according fact, substantially defective. 2 2 of 7 FILED: ONEIDA COUNTY CLERK 08/05/2020 05:29 PM INDEX NO. EFCA2020-001516 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020 5. That the Plaintiff notified the Defendante of their defective and incomplete work and poor workmanship, and the Defendants have wholly failed and refused to correct the work. 6. That the defect in the work, labor and services consisted of failing to provide certain materials and labor required to properly repair the Plaintiff's residence, which was paid for by the Plainties insurance company, State Farm Fire and Casualty Company. The Defendants substituted different materials than required to properly repair the home; failed to provide air conditioning and dishwdsher; failed to provide the proper receptacles to remove the debris from PlaintifPs residence and failed to remove all debris from PlaintiFs residence; failed to properly or sufficiently rewire portions of Plaintiff's residence; failed to remove and replace certain duct work; failed to provide the proper water supply line in copper with fitting; failed to remove damaged plumbing stillstored in Plaintiff's yard; failed to provide flooring as specified for the dining room, kitchen, and bathroom; failed to replace the bathroom vent; failed to replace cove molding; failed to replace the vanity; failed to provide the proper vinyl to metal transition strips in the kitchen; installed vinyl instead of tile flooring in certain areas of the residence; failed to stain and finish paneling; failed to provide cabinetry and vanities specified, or furnished insufficient substitute cabinetry and vanity; failed to provide the concrete sealer and apply it to the bacement floor; failed to provide a sufficient dumpster to remove material from Plaintiff's residence; failed to seal the floor or ceiling joist system which shellac; failed to seal block with masonry sealer; failed to provide cultured or natural marble and instead provided kminate; failed to provide materials as specified, performed defective work, labor and services; overcharged for certain materials and services; and the Defendants otherwise breached the contract with the Plaintiff and were negligent in the 3 3 of 7 FILED: ONEIDA COUNTY CLERK 08/05/2020 05:29 PM INDEX NO. EFCA2020-001516 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020 performance of the work at the Plaintiff's residence. The Defeñdañts were otherwise negligent, careless and breached their agreement with the Plaintiff. 7. That by reason of the premises, the Plaintiff demands judgment in the sum of $50,000.00, or an amount to stillbe determined, or for the appropriate amount to be determined by the Court, together with such other, further and different relief. AS AND FOR A SECOND, SEPARATE AND DISTINCT CAUSE OF ACTION, THE PLAINTIFF ALLEGES AS FOLLOWS: 8. That the Plaintiff repeats and realleges each and every allegation contained in paragraphs "1" "7" marked and numbered through as though fully set forth herein. Defendants' 9. That the performance of the work, labor and services at PlaintifPs residence was fraudulent and defrauded the Plaintiff and Plaintiff's insurance company; misrepresented material and facts; was otherwise fraudulent in failing to complete Plaintiff's repairs in a good and workmanlike manner; and failed to provide the proper materials and/or provided substitute materials and in some instances failed to provide any materials in certain aspects of Plaintiff's repairs; and the Defendants otherwise committed fraud upon the Plaintiff. WHEREFORE, the Plaintiff demands judgment against the Defeñdañts in the sum of $50,000.00 or the appropriate amount to be determined by the Court, plus interest, costs, disbursements, attorney's fees and for such other, further and different relief as the Plaintiff may be entitled to in law and equity; and Plaintiff dem-A judgment against the Defendants in the second cause of action in the sum of $50,000.00 or the appropriate amount to be determined by the Court, plus interest, costs, disburscments, attorney's fees and for such other, further and different relief as to the Court may deem just and proper. 4 4 of 7 FILED: ONEIDA COUNTY CLERK 08/05/2020 05:29 PM INDEX NO. EFCA2020-001516 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020 Dated: , 2020 Gustave J. DeTragl Jr. Esq. Attorney for the Pl ntiff 1425 Genesee Street Utica, New York 13501 Telephone: (315)738-1133 5 5 of 7 FILED: ONEIDA COUNTY CLERK 08/05/2020 05:29 PM INDEX NO. EFCA2020-001516 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020 ATTORNEY CERTIFICATION I, GUSTAVE J. DETRAGLIA, JR., ESQ., HEREBY CERTIFY, under penalty of perjury, that I have no actual knowledge that the substance of any statements of fact contained in the annexed document are false. This Certification is based solely and exclusively upon information provided by the client, and upon the client's information is not false and is not based upon any review, audit, exci=:ion, inquiry or investigation made by the undersigned attorney, or by anyone acting on behalf of said attorney. PLEASE TAKE NOTICE that this Certification is made by the attorney as an officer of the Court and is directed solely and exclusively to the Court in accordance with 22 NYCRR 202.16(e) and is expressly not directed or extended to the opposing party herein. PLEASE TAKE FURTHER NOTICE that the opposing party may not and should not rely upon this Attorney Certification in assessing the truth or validity of the information contained in the annexed document. The credibility of this submission is no greater than the credibility of the client represented by the undersigned attorney and the opposing party shüüld give this document no greater credence merely because itbear this Attorney Certification, Dated: , 2020 Gustave J. DeT lia,Jr. Es 6 6 of 7 FILED: ONEIDA COUNTY CLERK 08/05/2020 05:29 PM INDEX NO. EFCA2020-001516 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020 CLIENT CERTIFICATION I,NADIA C. GREGORY, DO HEREBY CERTIFY, under penalty of perjury, that I have carefully read and reviewed the annexed Summons and Complaint, and that all information contained in such document is true and accurate in all respects to the best of my knowledge and understanding. I FURTHER CERTIFY, under penalty of perjury, that neither my attorney, nor anyone acting on my attorney's behalf, was the source of any of the information contained in the annexed document; that I provided all of the information contained in the annexed document to our attomey; and that I understand that our attorney, in executing the Attorney Certification required by 22 NYCRR 202.16(e) is relying entirely upon the information provided by me and upon my certification that all such information is true and accurate. I FURTHER CERTIFY, that the annexed document included all information which I have provided to our attorney which is relevant to such document and that our attorney has not deleted, omitted or excluded any such information. Dated: ) , 2020 N DIA C. GRE RY STATE OF NEW YORK ) COUNTY OF ONEIDA ) ss.: I, NADIA C. GREGORY, being duly sworn depose and say: I am the Plaintiff in the action herein; I have read the annexed Summons and Complaint and know the contents thereof and the same is true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe t to be true. NADIA C. GREGO Sworn to before me this day of , 2020. GUSTAVE J. DE TRAGLIA, JR. Notary Public, State of New York Reg. No. 02DE4527463 Notary Public, neida un y, NY Appo te n ne a y My Commission Exp: 7 7 of 7