Preview
FILED: NEW YORK COUNTY CLERK 03/01/2019 03:34 PM INDEX NO. 652578/2018
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/01/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------- ------X
T.G. NICKEL & ASSOCIATES, LLC, and Index No.: 652578/2018
T.G. NICKEL & ASSOCIATES, LLC, as Assignee and
Subrogee of Trust Fund Beneficiary FESK SPECIAL
SYSTEMS INCORPORATED, on behalf of itself and
on behalf of all others entitled to share in the funds
received by AMPAK ELECTRICAL SERVICES, INC.
and itssuccessor in interest and alter ego, AMPAK
DATA & ELECTRICAL SERVICES, INC., as Trustee,
in connection with the improvement of real property
4402
known as 27-19 Drive, Long Island City, New York, AFFIDAVIT OF
Block 00268, Lot 8, and 44-12 and 44-16 Purvis Street, JOHN ESPOSITO
Long Island City, New York, Block 00268, Lot 20,
Plaintiffs,
-against-
AMPAK ELECTRICAL SERVICES, INC., AMPAK
DATA & ELECTRICAL SERVICES, INC., JOHN
ESPOSITO, MARIA CUCUZZA, NICK ROMEO,
1"
and "JOHN DOE No. through "JOHN DOE
100,"
No. said names being fictitious, true names being
those unknown individuals and/or entities liable for the
diversion of trust funds pursuant to Article 3-A of the
Lien Law of the State of New York, in connection with
44d'
the construction project at 27-19 Drive, Long Island
City, New York, Block 00268, Lot 8, and 44-12 and
44-16 Purvis Street, Long Island City, New York,
Block 00268, Lot 20,
Defendants.
--- ------ ----X
STATE OF NEW YORK )
) ss.:
COUNTY OF RICHMOND )
JOHN ESPOSITO, being duly sworn deposes and says:
1. I am the president and sole shareholder of defendants Ampak Electrical Services,
Inc. and Ampak Data & Electrical Services, Inc. (collectively "Ampak"). I am also a defendant
in this action in my individual capacity. I reside at 138 Finlay Street, Staten Island, New York
10307.
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FILED: NEW YORK COUNTY CLERK 03/01/2019 03:34 PM INDEX NO. 652578/2018
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/01/2019
2. This Affirmation is being submitted in accordance with the Court's Order dated
February 9, 2019, and entered on NYSCEF on February 15, 2019 in connection with the Court's
direction for the submission of the books and records maintained by Defendants in accordance
with Lien Law Section 75(3)(D).
3. I have undertaken a diligent review of the books and records of Ampak relating to
the information and documentation to be maintained in accordance with Lien Law Section
75(3)(D). Set forth below is a statement with respect to each beneficiary and a corresponding
exhibit with the books and records for each beneficiary.
4. Attached hereto as Exhibit A are the books and records pertaining to Crewforce,
an entity that provided all labor for the project, including but not limited to a payment agreement
with Crewforce for the balance itis due. All payments under the agreement are current.
5. Attached hereto as Exhibit B are the books and records pertaining to miscellaneous
Invoices for materials purchased for the project. All of these invoices have been paid.
6. Attached hereto as Exhibit C are the books and records pertaining to Ace Wire
and Cable Co., Inc., an entity that provided materials for the project, including but not limited to
a Final Waiver and Release. All invoices have been paid.
7. Attached hereto as Exhibit D are the books and records pertaining to Americore
Drilling & Cutting, Inc., an entity that provided core drilling services for the project. All
invoices have been paid.
8. Attached hereto as Exhibit E are the books and records pertaining to CERCO
Products, Inc., an entity that provided materials for the project. All invoices have been paid.
9. Attached hereto as Exhibit F are the books and records pertaining to Cooper
Electric, an entity that provided materials for the project, including but not limited to the
Stipulation of Settlement for the balance it is due. All payments under the Stipulation are
current.
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FILED: NEW YORK COUNTY CLERK 03/01/2019 03:34 PM INDEX NO. 652578/2018
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/01/2019
10. Attached hereto as Exhibit G are the books and records pertaining to Core Tech
Associates Corp., an entity that provided saw cutting and core drilling for the project. All
invoices have been paid.
11. Attached hereto as Exhibit H are the books and records pertaining to Cross-Fire
Security Co., Inc., an entity that provided labor and materials for the project, including but not
limited to a Final Waiver and Release. All invoices have been paid.
12. Attached hereto as Exhibit I are the books and records pertaining to Cummins
Sales and Service, an entity that provided equipment for the project. All invoices have been
paid.
13. Attached hereto as Exhibit J are the books and records pertaining to Durante
Rentals, an entity that rented equipment for the project, including but not limited to a Final
Waiver and Release. All invoices have been paid.
14. Attached hereto as Exhibit K are the books and records pertaining to Electrotech
Service Equipment Corp., an entity that provided materials and equipment for the project. All
invoices have been paid.
15. Attached hereto as Exhibit L are the books and records pertaining to Fesk Special
Systems, an entity that provided labor and materials for the project. All invoices have been paid.
16. Attached hereto as Exhibit M are the books and records pertaining to Manhattan
Electrical Supply, an entity that provided materials for the project, including but not limited to a
Final Waiver and Release. All invoices have been paid.
17. Attached hereto as Exhibit N are the books and records pertaining to NB
Enclosures, an entity that provided materials for the project. All invoices have been paid.
18. Attached hereto as Exhibit O are the books and records pertaining to Rayito
Global Inc., an entity that provided materials for the project. All invoices have been paid.
19. Attached hereto as Exhibit P are the books and records pertaining to Sunbelt Rentals,
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NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/01/2019
an that rented equipmeiit for the project, liiclüdliigbut not limited to a Payment Agreement
entity
and Release. All payments have been made.
20. Attached hereto as Exhibit Q are the books and records pertaining to ULE Group, an
entity that provided materials for the project, including but not limited to an InstaniiiciitPayment
Agreement. All payments under the agreement are current.
21. Attached hereto as Exhibit R are the books and records to Venus Power-
pertaining
Com Supply, an entity that provided materials for the project, including but not limited to a
Stipulation of Settlement. AII payments due under the Stipulation are current.
22. Attached hereto as Exhibit S are the books and records pertaining to Tool Doctor, an
entity that provided materials for the project. All invoices have been paid.
23. The Defendants respectfully request that the Court consider this Affidavit, the
ying exhibits, and the Affirmation of Anthony P. Carlucci, Jr., Esq. and So Order the
Stipulation of Settlement
John sposito
Sworn to before me this
day of Map , 2019
41 tñy Public
CLAUDIA WILSON
NOTARY PUBLIC.STATE OF NEW YORK
No.01Wl6222157
Qualified in Richmond County
Commission Expires05-17-2022
My
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Preview
FILED: NEW YORK COUNTY CLERK 03/01/2019 03:34 PM INDEX NO. 652578/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/01/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------- ------X T.G. NICKEL & ASSOCIATES, LLC, and Index No.: 652578/2018 T.G. NICKEL & ASSOCIATES, LLC, as Assignee and Subrogee of Trust Fund Beneficiary FESK SPECIAL SYSTEMS INCORPORATED, on behalf of itself and on behalf of all others entitled to share in the funds received by AMPAK ELECTRICAL SERVICES, INC. and itssuccessor in interest and alter ego, AMPAK DATA & ELECTRICAL SERVICES, INC., as Trustee, in connection with the improvement of real property 4402 known as 27-19 Drive, Long Island City, New York, AFFIDAVIT OF Block 00268, Lot 8, and 44-12 and 44-16 Purvis Street, JOHN ESPOSITO Long Island City, New York, Block 00268, Lot 20, Plaintiffs, -against- AMPAK ELECTRICAL SERVICES, INC., AMPAK DATA & ELECTRICAL SERVICES, INC., JOHN ESPOSITO, MARIA CUCUZZA, NICK ROMEO, 1" and "JOHN DOE No. through "JOHN DOE 100," No. said names being fictitious, true names being those unknown individuals and/or entities liable for the diversion of trust funds pursuant to Article 3-A of the Lien Law of the State of New York, in connection with 44d' the construction project at 27-19 Drive, Long Island City, New York, Block 00268, Lot 8, and 44-12 and 44-16 Purvis Street, Long Island City, New York, Block 00268, Lot 20, Defendants. --- ------ ----X STATE OF NEW YORK ) ) ss.: COUNTY OF RICHMOND ) JOHN ESPOSITO, being duly sworn deposes and says: 1. I am the president and sole shareholder of defendants Ampak Electrical Services, Inc. and Ampak Data & Electrical Services, Inc. (collectively "Ampak"). I am also a defendant in this action in my individual capacity. I reside at 138 Finlay Street, Staten Island, New York 10307. 1 of 4 FILED: NEW YORK COUNTY CLERK 03/01/2019 03:34 PM INDEX NO. 652578/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/01/2019 2. This Affirmation is being submitted in accordance with the Court's Order dated February 9, 2019, and entered on NYSCEF on February 15, 2019 in connection with the Court's direction for the submission of the books and records maintained by Defendants in accordance with Lien Law Section 75(3)(D). 3. I have undertaken a diligent review of the books and records of Ampak relating to the information and documentation to be maintained in accordance with Lien Law Section 75(3)(D). Set forth below is a statement with respect to each beneficiary and a corresponding exhibit with the books and records for each beneficiary. 4. Attached hereto as Exhibit A are the books and records pertaining to Crewforce, an entity that provided all labor for the project, including but not limited to a payment agreement with Crewforce for the balance itis due. All payments under the agreement are current. 5. Attached hereto as Exhibit B are the books and records pertaining to miscellaneous Invoices for materials purchased for the project. All of these invoices have been paid. 6. Attached hereto as Exhibit C are the books and records pertaining to Ace Wire and Cable Co., Inc., an entity that provided materials for the project, including but not limited to a Final Waiver and Release. All invoices have been paid. 7. Attached hereto as Exhibit D are the books and records pertaining to Americore Drilling & Cutting, Inc., an entity that provided core drilling services for the project. All invoices have been paid. 8. Attached hereto as Exhibit E are the books and records pertaining to CERCO Products, Inc., an entity that provided materials for the project. All invoices have been paid. 9. Attached hereto as Exhibit F are the books and records pertaining to Cooper Electric, an entity that provided materials for the project, including but not limited to the Stipulation of Settlement for the balance it is due. All payments under the Stipulation are current. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 03/01/2019 03:34 PM INDEX NO. 652578/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/01/2019 10. Attached hereto as Exhibit G are the books and records pertaining to Core Tech Associates Corp., an entity that provided saw cutting and core drilling for the project. All invoices have been paid. 11. Attached hereto as Exhibit H are the books and records pertaining to Cross-Fire Security Co., Inc., an entity that provided labor and materials for the project, including but not limited to a Final Waiver and Release. All invoices have been paid. 12. Attached hereto as Exhibit I are the books and records pertaining to Cummins Sales and Service, an entity that provided equipment for the project. All invoices have been paid. 13. Attached hereto as Exhibit J are the books and records pertaining to Durante Rentals, an entity that rented equipment for the project, including but not limited to a Final Waiver and Release. All invoices have been paid. 14. Attached hereto as Exhibit K are the books and records pertaining to Electrotech Service Equipment Corp., an entity that provided materials and equipment for the project. All invoices have been paid. 15. Attached hereto as Exhibit L are the books and records pertaining to Fesk Special Systems, an entity that provided labor and materials for the project. All invoices have been paid. 16. Attached hereto as Exhibit M are the books and records pertaining to Manhattan Electrical Supply, an entity that provided materials for the project, including but not limited to a Final Waiver and Release. All invoices have been paid. 17. Attached hereto as Exhibit N are the books and records pertaining to NB Enclosures, an entity that provided materials for the project. All invoices have been paid. 18. Attached hereto as Exhibit O are the books and records pertaining to Rayito Global Inc., an entity that provided materials for the project. All invoices have been paid. 19. Attached hereto as Exhibit P are the books and records pertaining to Sunbelt Rentals, 3 3 of 4 FILED: NEW YORK COUNTY CLERK 03/01/2019 03:34 PM INDEX NO. 652578/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/01/2019 an that rented equipmeiit for the project, liiclüdliigbut not limited to a Payment Agreement entity and Release. All payments have been made. 20. Attached hereto as Exhibit Q are the books and records pertaining to ULE Group, an entity that provided materials for the project, including but not limited to an InstaniiiciitPayment Agreement. All payments under the agreement are current. 21. Attached hereto as Exhibit R are the books and records to Venus Power- pertaining Com Supply, an entity that provided materials for the project, including but not limited to a Stipulation of Settlement. AII payments due under the Stipulation are current. 22. Attached hereto as Exhibit S are the books and records pertaining to Tool Doctor, an entity that provided materials for the project. All invoices have been paid. 23. The Defendants respectfully request that the Court consider this Affidavit, the ying exhibits, and the Affirmation of Anthony P. Carlucci, Jr., Esq. and So Order the Stipulation of Settlement John sposito Sworn to before me this day of Map , 2019 41 tñy Public CLAUDIA WILSON NOTARY PUBLIC.STATE OF NEW YORK No.01Wl6222157 Qualified in Richmond County Commission Expires05-17-2022 My 4 of 4