Preview
FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018
Index No.: / 2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Date Filed: 5/1/2018
X
--------------------------------------------------------------------X Plaintiffs Designate
R&A PAINTING LTD. NEW YORK County as the
Place of Trial
Plaintiff,
AS
SUMMONS
- against -
The basis of the venue designated is:
The County in which the premises are
979 THIRD AVENUE ASSOCIATES LLC, situated pursuant to CPLR §507:
D&D BUILDING COMPANY LLC,
COHEN BROTHERS REALTY CORP., 979 Third Avenue, New York,
ALEX FIGIOLIA WATER & SEWER LLC, NY 10022 a/k/a Section, Block
ALL CITY INTERIOR CONTRACTING INC. and, 1332, Lot 0001 on the Tax Map
MILLENIUM STAR ELECTRIC INC. of the of New York, State
County
Defendants. of New York
_____________________________________________------------------------X
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and
to serve a copy of your answer or if the Complaint is not served with this Summons. to
serve a notice of appearance, upon the Plaintiff's attorney within twenty (20) days after
service of this Summons, exclusive of the date of service (or within thirty [30] days after
the service is complete if thisSummons 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 relief demanded in the comp int.
Dated: Staten Island, New York
April 25, 2018
JOSEPH ÓAMMARATA, ESQ.
Cammaraja & De Meyer P.C.
Attorneys for Plaintiff
456 Arlene
Staten Island. New York 10314
Tel.: (718)-477-0020
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DEFENDANTS'
ADDRESSES:
979 THIRD AVENUE ASSOCIATES LLC
979 THIRD AVENUE
NEW YORK, NEW YORK 10022
D&D BUILDING COMPANY LLC
29™
750 LEXINGTON AVENUE, FLOOR
NEW YORK, NEW YORK 10022
COHEN BROTHERS REALTY CORP.
29™
750 LEXINGTON AVENUE, FLOOR
NEW YORK, NEW YORK 10022
ALEX FIGLIOLIA WATER & SEWER LLC
420 CARROLL STREET
BROOKLYN, NY 11215
ALL CITY INTERIOR CONTRACTING INC
1174 COMMERCE AVENUE
BRONX, NY 10462
MILLENIUM STAR ELECTRIC INC
78™
151-39 7S STREET
LINDENWOOD, NY 11414
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------X INDEX#
R&A PAINTING LTD.
Plaintiff,
VERIFIED COMPLAINT
- against -
979 THIRD AVENUE ASSOCIATES LLC,
D&D BUILDING COMPANY LLC and,
COHEN BROTHERSREALTY CORP.
ALEX FIGIOLIA WATER & SEWER LLC,
ALL CITY INTERIOR CONTRACTING INC. and,
MILLENIUM STAR ELECTRIC INC.
Defendants.
---------------------------------------------------------------------X
Plaintiff. complaining of the Defendants by their attorneys, CAMMARATA & DE
MEYER P.C., respectfully alleges as follows:
AS AND FOR A FIRST CAUSE OF ACTION
AGAINST DEFENDANTS BY PLAINTIFF TO
FORECLOSE A MECHANIC'S LIEN
The Parties
1. At all times hereinafter mentioned and at the time of the commencement of
this action. Plaintiff R & A PAINTING LTD was and is a corporation organized and
existing under and by virtue of the laws of the State of New York, with its principal place
of business within the State ofNew York located at 41 UNION SQUARE WEST, SUITE
1911, NEW YORK, NEW YORK 10003.
2. Upon information and belief, at all times hereinafter mentioned, Defendant
979 THIRD AVENUE ASSOCIATES LLC is a limited liability company. organized
and existing under and by virtue of the laws of the State of New York. with its principal
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place of business within the State of New York located at 979 THIRD AVENUE, NEW
YORK, NEW YORK 10022 ("979").
3. Upon information and belief, at all times hereinafter mentioned, Defendant
D&D BUILDING COMPANY LLC is a limited liability company, organized and
existing under and by virtue of the laws of the State of New York, with its principal place
of business within the State of New York located at 750 LEXINGTON AVENUE, NEW
YORK, NEW YORK 10022 ("D&D").
4. Upon information and belief, at all times hereinafter mentioned, Defendant
COHEN BROTHERS REALTY CORP. LLC is a corporation organized and existing
under and by virtue of the laws of the State of New York, with its principal place of
business within the State of New York located at 750 LEXINGTON AVENUE, NEW
YORK, NEW YORK 10022 ("COHEN").
5. Upon information and belief, the following entity is a corporation organized
and existing under the laws of the State of New York and the following entity is named as
a defendant as a result of a notice of mechanic's lien that the following entity filed on the
subject premises: ALEX FIGIOLIA WATER & SEWER LLC, 420 CARROLL
STREET, BROOKLYN, NY 11215.
6. Upon information and belief, the following entity is a corporation organized
and existing under the laws of the State of New York and the following entity is named as
a defendant as a result of a notice of mechanic's lien that the following entity filed on the
subject premises: ALL CITY INTERIOR CONTRACTING INC., 1174 COMMERCE
AVENUE BRONX, NY 10462.
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7. Upon information and belief, the following entity is a corporation organized
and existing under the laws of the State of New York and the following entity is named as
a defendant as a result of a notice of mechanic's lien that the following entity filed on the
subject MILLENIUM STAR 78™
premises: ELECTRIC INC., 151-39 STREET,
LINDENWOOD, NY 11414.
The Subject Premises
8. The subject premises are known as 979 Third Avenue, County of New York,
State of New York also known as BLOCK 1332, LOT 1 on the Tax Map of the County
Premises"
of New York. State of New York (hereinafter referred to as the "Subject Premises").
9. Upon information and belief that at all times herein mentioned the Defendant
979 was and stillis the owner in fee simple of the Subject Premises.
10. Upon information and belief that all times herein mentioned the Defendant
D&D. and Defendant COHEN did manage and currently manage the property located at
979 Third Avenue. New York, NY 10022, Block 1332. Lot 1 herein known as the
"Premises."
11. Upon information and belief, the Subject Premises known as isalso known
as SECTION, BLOCK 1332, LOT 1 on the Tax Map of the County of New York. State
"A"
of New York are also described as: SEE EXHIBIT
The Agreements
Agreement 1
12. On or about January 25, 2017, Plaintiff and Defendant D&D entered into
an agreement where Plaintiff agreed to supply labor and building materials to
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Defendant D&D for improvement to the aforementioned premises most particularly
7th
the Floor. (See Exhibit "B", Copy of Agreement 1).
13. Defendant D&D agreed to pay the sum of $27,000.00 to Plaintiff for the
aforesaid labor and building materials.
14. Plaintiff and Defendant D&D entered into an agreement for goods sold and
delivered and labor services.
15. Plaintiff duly performed all conditions on itspart to be performed.
16. Defendant D&D has not performed leaving a balance due in said agreement
in the specific sum of $27,000.00 plus interest and attorney's fees.
17. Upon information and belief, the labor and building materials furnished by
Plaintiff to Defendant's D&D and was used for improvements to the Subject
Premises.
18. That Plaintiff performed the terms of the agreement with Defendants by
furnishing building materials and labor in connection with the Subject Premises from
approximately January 25, 2017 to March 20, 2017.
19. Plaintiff filed a Notice of Mechanic's Lien against the Subject Premises so
that at the time of the filing of the Plaintiffs Notice Under Mechanic's Lien Law, as
hereinafter mentioned, Plaintiff fully performed all of its obligations under the terms and
conditions of the agreement with Defendants and Plaintiff was due to be paid and has not
been paid the sum of $27,000.00 which remains unpaid and due and owing to Plaintiff for
labor and building materials furnished. (See Exhibit "C", Copy of Mechanic's Lien 1).
20. On or about the November 3, 2017, and within seven to eight months from
the furnishing by the Plaintiff of the said materials and labor, Plaintiff filed or caused to be
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Mechanic'
filed in the Office of the Clerk of the COUNTY OF NEW YORK a Notice of Mechanic's
Lien in writing, which notice did state among other things the name of the owner of the
real property whose interest therein a lien is claimed, the nature of such interest, the name
of the person by whom the lienor was employed, to whom itfurnished materials, for whom
it performed labor and with whom the contract was made for the labor and materials, the
materials furnished, the labor performed, the agreed price and value of the materials
furnished and labor performed, the amount unpaid to the lienor for the materials furnished
and labor performed, the date when the firstitems of material were furnished and labor
performed and the date when the last items of material were furnished and labor performed
and a description of the property sufficient for identification.
21. The said notice of lien stated, among other things, (1) the name and residence
of the lienor, the plaintiff herein; (2) the name of the owner of the real property against
whose interest a lien was claimed, and the interest of the owner as far as known to the
lienor; (3) the name of the person with whom the contract was made; (4) the labor
performed and material furnished and the agreed price thereof; (5) the amount unpaid to
the lienor for such labor and materials; (6) the time when the first and last items of work
were performed and materials were furnished; (7) the property subject to the lien, with a
description thereof sufficient for identification, and its location by street and number.
22. That said notice of lien was duly verified and complied in all respects with
the N.Y. Lien Law in reference to the filing and acquiring of mechanic's liens affecting
private improvements.
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23. The work, labor and services performed by the Plaintiff and the materials
furnished by it in connection therewith were so performed and furnished toward the
improvement of the said premises and toward the enhancement thereof.
24. The work, labor and services performed by Plaintiff and the materials
furnished by it in connection therewith were part of the work, labor and services and
materials required under the agreement between Defendant D&D and Plaintiff to be
performed and furnished by the Plaintiff and said work, labor and services so performed
by Plaintiff and the materials furnished in connection therewith were so performed and
furnished with the knowledge, permission and consent and at the specific request of
Defendants and were so performed and furnished toward the improvement of the said
premises and toward the enhancement thereof.
25. Upon information and belief the said notice of lien was duly docketed in the
lien docket kept by the Clerk of the COUNTY OF NEW YORK for that purpose on
November 3, 2017.
26. That on or about November 3, 2017, a true copy of said notice of lien was
served upon Defendants as required by statute.
27. That no part of the Plaintiffs lien has been paid. waived, cancelled or
discharged and that no proceedings either at law or in equity have ever been brought to
recover any part of the said lien or claim upon which it isfounded, leaving a balance due
and owing in the amount of $27,000.00 with interest from November 3, 2017.
28. Said lien has not been canceled or otherwise discharged.
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29. No action has been brought by this plaintiff for the foreclosure of said lien,
nor has this plaintiff been made a party defendant to any action brought for the foreclosure
of another lien or mortgage against said real property or any part thereof.
30. That the Plaintiff herein has no adequate remedy at law.
31. No action or proceeding has been brought at law or otherwise for the recovery
of said sum, or any part thereof.
mechanic'
32. Upon information and belief, no other person or persons have filed mechanic's
liens against said real property, or any part thereof, nor have subsequent liens or claims by
judgment, mortgage, or conveyance been made or filed or rendered against said real
property or any part thereof, except those named in this action.
33. By reason of the foregoing, Plaintiff has been damaged in the sum of
$27,000.00 on Mechanic's Lien 01 and demands judgment thereof with interest from
November 3, 2017.
Agreement 2
34. On or about. June 13, 2017, Plaintiff and Defendant D&D entered into an
agreement where Plaintiff agreed to supply labor and building materials to Defendant
D&D for improvement to the aforementioned premises most particularly in the
7th
basement known as the T&C job. (See Exhibit "D", Copy of Agreement 2 for the
Floor).
35. Defendant D&D agreed to pay the sum of $14,500.00 to Plaintiff for the
aforesaid labor and building materials.
36. Plaintiff and Defendant D&D entered into an agreement for goods sold and
delivered and labor services.
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37. Plaintiff duly performed allconditions on itspart to be performed.
38. Defendant D&D has not performed leaving a balance due in said agreement
in the specific sum of $12,500.00 plus interest and attorney's fees.
39. Upon information and belief, the labor and building materials furnished by
Plaintiff to Defendant's D& D and was used for improvements to the Subject
Premises.
40. That Plaintiff performed the terms of the agreement with Defendants by
furnishing building materials and labor in connection with the Subject Premises from
approximately June 8, 2017 to June 20, 2017.
41. Plaintiff filed a Notice of Mechanic's Lien against the Subject Premises so
that at the time of the filing of the Plaintiffs Notice Under Mechanic's Lien Law, as
hereinafter mentioned, Plaintiff fully performed all of its obligations under the terms and
conditions of the agreement with Defendants and Plaintiff was due to be paid and has not
been paid the sum of $12,500.00 which remains unpaid and due and owing to Plaintiff for
labor and building materials furnished. (See Exhibit "E", Copy of Mechanic's Lien 2).
42. On or about the November 3, 2017, and within four to five months from the
furnishing by the Plaintiff of the said materials and labor, Plaintiff filed or caused to be
Mechanic'
filed in the Office of the Clerk of the COUNTY OF NEW YORK a Notice of Mechanic's
Lien in writing, which notice did state among other things the name of the owner of the
real property whose interest therein a lien is claimed, the nature of such interest, the name
of the person by whom the lienor was employed, to whom itfurnished materials, for whom
itperformed labor and with whom the contract was made for the labor and materials, the
materials furnished, the labor performed. the agreed price and value of the materials
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furnished and labor performed, the amount unpaid to the lienor for the materials furnished
and labor performed, the date when the first items of material were furnished and labor
performed and the date when the lastitems of material were furnished and labor performed
and a description of the property sufficient for identification.
43. The said notice of lien stated. among other things, (1) the name and residence
of the lienor, the plaintiff herein; (2) the name of the owner of the real property against
whose interest a lien was claimed, and the interest of the owner as far as known to the
lienor; (3) the name of the person with whom the contract was made; (4) the labor
performed and material furnished and the agreed price thereof; (5) the amount unpaid to
the lienor for such labor and materials; (6) the time when the first and last items of work
were performed and materials were furnished; (7) the property subject to the lien, with a
description thereof sufficient for identification, and its location by street and number.
44. That said notice of lien was duly verified and complied in all respects with
the N.Y. Lien Law in reference to the filing and acquiring of mechanic's liens affecting
private improvements.
45. The work, labor and services performed by the Plaintiff and the materials
furnished by it in connection therewith were so performed and furnished toward the
improvement of the said premises and toward the enhancement thereof.
46. The work, labor and services performed by Plaintiff and the materials
furnished by it in connection therewith were part of the work, labor and services and
materials required under the agreement between Defendant D&D and Plaintiff to be
performed and furnished by the Plaintiff and said work, labor and services so performed
Plaintiff and the materials furnished in connection therewith were so performed and
by
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furnished with the knowledge, permission and consent and at the specific request of
Defendants and were so performed and furnished toward the improvement of the said
premises and toward the enhancement thereof.
47. Upon information and belief the said notice of lien was duly docketed in the
lien docket kept by the Clerk of the COUNTY OF NEW YORK for that purpose on
November 3, 2017.
48. That on or about November 3, 2017, a true copy of said notice of lien was
served upon Defendants as required by statute.
49. That no part of the Plaintiffs lien has been paid, waived, cancelled or
discharged and that no proceedings either at law or in equity have ever been brought to
recover any part of the said lien or claim upon which itis founded. leaving a balance due
and owing in the amount of $12,500.00 with interest from November 3, 2017.
50. Said lien has not been canceled or otherwise discharged.
51. No action has been brought by this plaintiff for the foreclosure of said lien,
nor has this plaintiff been made a party defendant to any action brought for the foreclosure
of another lien or mortgage against said real property or any part thereof.
52. That the Plaintiff herein has no adequate remedy at law.
53. No action or proceeding has been brought at law or otherwise for the recovery
of said sum. or any part thereof.
mechanic'
54. Upon information and belief, no other person or persons have filed mechanic's
liens against said real property, or any part thereof, nor have subsequent liens or claims by
judgment, mortgage, or conveyance been made or filed or rendered against said real
property or any part thereof, except those named in this action.
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55. By reason of the foregoing, Plaintiff has been damaged in the sum of
$12,500.00 on Mechanic's Lien #2 and demands judgment thereof with interest from
November 3, 2017.
Agreement 3
56. On or about May 2, 2017, Plaintiff and Defendant D&D entered into an
agreement where Plaintiff agreed to supply labor and building materials to Defendant
D&D for improvement to the aforementioned premises most particularly in the
basement. (See Exhibit "F". Copy of Agreement 3 for the Basement Floor).
57. Defendant D&D agreed to pay the sum of $10,500.00 to Plaintiff for the
aforesaid labor and building materials.
58. Plaintiff and Defendant D&D entered into an agreement for goods sold and
delivered and labor services.
59. Plaintiff duly performed allconditions on itspart to be performed.
60. Defendant D&D has not performed leaving a balance due in said agreement
in the specific sum of $10,500.00 plus interest and attorney's fees.
61. Upon information and belief, the labor and building materials furnished by
Plaintiff to Defendant's D&D and was used for improvements to the Subject
Premises.
62. That Plaintiff performed the terms of the agreement with Defendants by
furnishing building materials and labor in connection with the Subject Premises from
approximately May 2, 2017 to May 25, 2017.
63. Plaintiff filed a Notice of Mechanic's Lien against the Subject Premises so
that at the time of the filing ot the Plaintiffs Notice Under Mechanic s Lien Law, as
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hereinafter mentioned, Plaintiff fully performed all of its obligations under the terms and
conditions of the agreement with Defendants and Plaintiff was due to be paid and has not
been paid the sum of $10,500.00 which remains unpaid and due and owing to Plaintiff for
labor and building materials furnished. (See Exhibit "G", Copy of Mechanic's Lien 3).
64. On or about the November 3, 2017, and within four to five months from the
furnishing by the Plaintiff of the said materials and labor, Plaintiff filed or caused to be
Mechanic'
filed in the Office of the Clerk of the COUNTY OF NEW YORK a Notice of Mechanic's
Lien in writing, which notice did state among other things the name of the owner of the
real property whose interest therein a lien is claimed, the nature of such interest, the name
of the person by whom the lienor was employed, to whom itfurnished materials, for whom
it performed labor and with whom the contract was made for the labor and materials, the
materials furnished, the labor performed, the agreed price and value of the materials
furnished and labor performed, the amount unpaid to the lienor for the materials furnished
and labor performed, the date when the firstitems of material were furnished and labor
performed and the date when the last items of material were furnished and labor performed
and a description of the property sufficient for identification.
65. The said notice of lien stated, among other things, (1) the name and residence
of the lienor, the plaintiff herein; (2) the name of the owner of the real property against
whose interest a lien was claimed, and the interest of the owner as far as known to the
lienor; (3) the name of the person with whom the contract was made; (4) the labor
performed and material furnished and the agreed price thereof: (5) the amount unpaid to
the lienor for such labor and materials; (6) the time when the first and last items of work
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were performed and materials were furnished; (7) the subject to the lien, with a
property
description thereof sufficient for identification, and itslocation by street and number.
66. That said notice of lien was duly verified and complied in all respects with
the N.Y. Lien Law in reference to the and of mechanic's liens
filing acquiring affecting
private improvements.
67. The work, labor and services performed by the Plaintiff and the materials
furnished by it in connection therewith were so performed and furnished toward the
improvement of the said premises and toward the enhancement thereof.
68. The work, labor and services performed by Plaintiff and the materials
furnished by it in connection therewith were part of the work, labor and services and
materials required under the agreement between Defendant D&D and Plaintiff to be
performed and furnished by the Plaintiff and said work, labor and services so performed
by Plaintiff and the materials furnished in connection therewith were so performed and
furnished with the knowledge, permission and consent and at the specific request of
Defendants and were so performed and furnished toward the improvement of the said
premises and toward the enhancement thereof.
69. Upon information and belief the said notice of lien was duly docketed in the
lien docket kept by the Clerk of the COUNTY OF NEW YORK for that purpose on
November 3, 2017.
70. That on or about November 3, 2017, a true copy of said notice of lien was
served upon Defendants as required by statute.
71. That no part of the Plaintiffs lien has been paid, waived, cancelled or
discharged and that no proceedings either at law or in equity have ever been brought to
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recover any part of the said lien or claim upon which it isfounded, leaving a balance due
and owing in the amount of $10,500.00 with interest from November 3, 2017.
72. Said lien has not been canceled or otherwise discharged.
73. No action has been brought by this plaintiff for the foreclosure of said lien,
nor has this plaintiff been made a party defendant to any action brought for the foreclosure
of another lien or mortgage against said real property or any part thereof.
74. That the Plaintiff herein has no adequate remedy at law.
75. No action or proceeding has been brought at law or otherwise for the recovery
of said sum, or any part thereof.
mechanic'
76. Upon information and belief, no other person or persons have filed mechanic's
liens against said real property, or any part thereof, nor have subsequent liens or claims by
judgment, mortgage, or conveyance been made or filed or rendered against said real
property or any part thereof, except those named in this action.
77. By reason of the foregoing, Plaintiff has been damaged in the sum of
$10,500.00 on Mechanic's
Preview
FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 Index No.: / 2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Date Filed: 5/1/2018 X --------------------------------------------------------------------X Plaintiffs Designate R&A PAINTING LTD. NEW YORK County as the Place of Trial Plaintiff, AS SUMMONS - against - The basis of the venue designated is: The County in which the premises are 979 THIRD AVENUE ASSOCIATES LLC, situated pursuant to CPLR §507: D&D BUILDING COMPANY LLC, COHEN BROTHERS REALTY CORP., 979 Third Avenue, New York, ALEX FIGIOLIA WATER & SEWER LLC, NY 10022 a/k/a Section, Block ALL CITY INTERIOR CONTRACTING INC. and, 1332, Lot 0001 on the Tax Map MILLENIUM STAR ELECTRIC INC. of the of New York, State County Defendants. of New York _____________________________________________------------------------X TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer or if the Complaint is not served with this Summons. to serve a notice of appearance, upon the Plaintiff's attorney within twenty (20) days after service of this Summons, exclusive of the date of service (or within thirty [30] days after the service is complete if thisSummons 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 relief demanded in the comp int. Dated: Staten Island, New York April 25, 2018 JOSEPH ÓAMMARATA, ESQ. Cammaraja & De Meyer P.C. Attorneys for Plaintiff 456 Arlene Staten Island. New York 10314 Tel.: (718)-477-0020 1 of 25 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 DEFENDANTS' ADDRESSES: 979 THIRD AVENUE ASSOCIATES LLC 979 THIRD AVENUE NEW YORK, NEW YORK 10022 D&D BUILDING COMPANY LLC 29™ 750 LEXINGTON AVENUE, FLOOR NEW YORK, NEW YORK 10022 COHEN BROTHERS REALTY CORP. 29™ 750 LEXINGTON AVENUE, FLOOR NEW YORK, NEW YORK 10022 ALEX FIGLIOLIA WATER & SEWER LLC 420 CARROLL STREET BROOKLYN, NY 11215 ALL CITY INTERIOR CONTRACTING INC 1174 COMMERCE AVENUE BRONX, NY 10462 MILLENIUM STAR ELECTRIC INC 78™ 151-39 7S STREET LINDENWOOD, NY 11414 2 of 25 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X INDEX# R&A PAINTING LTD. Plaintiff, VERIFIED COMPLAINT - against - 979 THIRD AVENUE ASSOCIATES LLC, D&D BUILDING COMPANY LLC and, COHEN BROTHERSREALTY CORP. ALEX FIGIOLIA WATER & SEWER LLC, ALL CITY INTERIOR CONTRACTING INC. and, MILLENIUM STAR ELECTRIC INC. Defendants. ---------------------------------------------------------------------X Plaintiff. complaining of the Defendants by their attorneys, CAMMARATA & DE MEYER P.C., respectfully alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS BY PLAINTIFF TO FORECLOSE A MECHANIC'S LIEN The Parties 1. At all times hereinafter mentioned and at the time of the commencement of this action. Plaintiff R & A PAINTING LTD was and is a corporation organized and existing under and by virtue of the laws of the State of New York, with its principal place of business within the State ofNew York located at 41 UNION SQUARE WEST, SUITE 1911, NEW YORK, NEW YORK 10003. 2. Upon information and belief, at all times hereinafter mentioned, Defendant 979 THIRD AVENUE ASSOCIATES LLC is a limited liability company. organized and existing under and by virtue of the laws of the State of New York. with its principal 3 of 25 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 place of business within the State of New York located at 979 THIRD AVENUE, NEW YORK, NEW YORK 10022 ("979"). 3. Upon information and belief, at all times hereinafter mentioned, Defendant D&D BUILDING COMPANY LLC is a limited liability company, organized and existing under and by virtue of the laws of the State of New York, with its principal place of business within the State of New York located at 750 LEXINGTON AVENUE, NEW YORK, NEW YORK 10022 ("D&D"). 4. Upon information and belief, at all times hereinafter mentioned, Defendant COHEN BROTHERS REALTY CORP. LLC is a corporation organized and existing under and by virtue of the laws of the State of New York, with its principal place of business within the State of New York located at 750 LEXINGTON AVENUE, NEW YORK, NEW YORK 10022 ("COHEN"). 5. Upon information and belief, the following entity is a corporation organized and existing under the laws of the State of New York and the following entity is named as a defendant as a result of a notice of mechanic's lien that the following entity filed on the subject premises: ALEX FIGIOLIA WATER & SEWER LLC, 420 CARROLL STREET, BROOKLYN, NY 11215. 6. Upon information and belief, the following entity is a corporation organized and existing under the laws of the State of New York and the following entity is named as a defendant as a result of a notice of mechanic's lien that the following entity filed on the subject premises: ALL CITY INTERIOR CONTRACTING INC., 1174 COMMERCE AVENUE BRONX, NY 10462. 4 of 25 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 7. Upon information and belief, the following entity is a corporation organized and existing under the laws of the State of New York and the following entity is named as a defendant as a result of a notice of mechanic's lien that the following entity filed on the subject MILLENIUM STAR 78™ premises: ELECTRIC INC., 151-39 STREET, LINDENWOOD, NY 11414. The Subject Premises 8. The subject premises are known as 979 Third Avenue, County of New York, State of New York also known as BLOCK 1332, LOT 1 on the Tax Map of the County Premises" of New York. State of New York (hereinafter referred to as the "Subject Premises"). 9. Upon information and belief that at all times herein mentioned the Defendant 979 was and stillis the owner in fee simple of the Subject Premises. 10. Upon information and belief that all times herein mentioned the Defendant D&D. and Defendant COHEN did manage and currently manage the property located at 979 Third Avenue. New York, NY 10022, Block 1332. Lot 1 herein known as the "Premises." 11. Upon information and belief, the Subject Premises known as isalso known as SECTION, BLOCK 1332, LOT 1 on the Tax Map of the County of New York. State "A" of New York are also described as: SEE EXHIBIT The Agreements Agreement 1 12. On or about January 25, 2017, Plaintiff and Defendant D&D entered into an agreement where Plaintiff agreed to supply labor and building materials to 5 of 25 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 Defendant D&D for improvement to the aforementioned premises most particularly 7th the Floor. (See Exhibit "B", Copy of Agreement 1). 13. Defendant D&D agreed to pay the sum of $27,000.00 to Plaintiff for the aforesaid labor and building materials. 14. Plaintiff and Defendant D&D entered into an agreement for goods sold and delivered and labor services. 15. Plaintiff duly performed all conditions on itspart to be performed. 16. Defendant D&D has not performed leaving a balance due in said agreement in the specific sum of $27,000.00 plus interest and attorney's fees. 17. Upon information and belief, the labor and building materials furnished by Plaintiff to Defendant's D&D and was used for improvements to the Subject Premises. 18. That Plaintiff performed the terms of the agreement with Defendants by furnishing building materials and labor in connection with the Subject Premises from approximately January 25, 2017 to March 20, 2017. 19. Plaintiff filed a Notice of Mechanic's Lien against the Subject Premises so that at the time of the filing of the Plaintiffs Notice Under Mechanic's Lien Law, as hereinafter mentioned, Plaintiff fully performed all of its obligations under the terms and conditions of the agreement with Defendants and Plaintiff was due to be paid and has not been paid the sum of $27,000.00 which remains unpaid and due and owing to Plaintiff for labor and building materials furnished. (See Exhibit "C", Copy of Mechanic's Lien 1). 20. On or about the November 3, 2017, and within seven to eight months from the furnishing by the Plaintiff of the said materials and labor, Plaintiff filed or caused to be 6 of 25 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 Mechanic' filed in the Office of the Clerk of the COUNTY OF NEW YORK a Notice of Mechanic's Lien in writing, which notice did state among other things the name of the owner of the real property whose interest therein a lien is claimed, the nature of such interest, the name of the person by whom the lienor was employed, to whom itfurnished materials, for whom it performed labor and with whom the contract was made for the labor and materials, the materials furnished, the labor performed, the agreed price and value of the materials furnished and labor performed, the amount unpaid to the lienor for the materials furnished and labor performed, the date when the firstitems of material were furnished and labor performed and the date when the last items of material were furnished and labor performed and a description of the property sufficient for identification. 21. The said notice of lien stated, among other things, (1) the name and residence of the lienor, the plaintiff herein; (2) the name of the owner of the real property against whose interest a lien was claimed, and the interest of the owner as far as known to the lienor; (3) the name of the person with whom the contract was made; (4) the labor performed and material furnished and the agreed price thereof; (5) the amount unpaid to the lienor for such labor and materials; (6) the time when the first and last items of work were performed and materials were furnished; (7) the property subject to the lien, with a description thereof sufficient for identification, and its location by street and number. 22. That said notice of lien was duly verified and complied in all respects with the N.Y. Lien Law in reference to the filing and acquiring of mechanic's liens affecting private improvements. 7 of 25 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 23. The work, labor and services performed by the Plaintiff and the materials furnished by it in connection therewith were so performed and furnished toward the improvement of the said premises and toward the enhancement thereof. 24. The work, labor and services performed by Plaintiff and the materials furnished by it in connection therewith were part of the work, labor and services and materials required under the agreement between Defendant D&D and Plaintiff to be performed and furnished by the Plaintiff and said work, labor and services so performed by Plaintiff and the materials furnished in connection therewith were so performed and furnished with the knowledge, permission and consent and at the specific request of Defendants and were so performed and furnished toward the improvement of the said premises and toward the enhancement thereof. 25. Upon information and belief the said notice of lien was duly docketed in the lien docket kept by the Clerk of the COUNTY OF NEW YORK for that purpose on November 3, 2017. 26. That on or about November 3, 2017, a true copy of said notice of lien was served upon Defendants as required by statute. 27. That no part of the Plaintiffs lien has been paid. waived, cancelled or discharged and that no proceedings either at law or in equity have ever been brought to recover any part of the said lien or claim upon which it isfounded, leaving a balance due and owing in the amount of $27,000.00 with interest from November 3, 2017. 28. Said lien has not been canceled or otherwise discharged. 8 of 25 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 29. No action has been brought by this plaintiff for the foreclosure of said lien, nor has this plaintiff been made a party defendant to any action brought for the foreclosure of another lien or mortgage against said real property or any part thereof. 30. That the Plaintiff herein has no adequate remedy at law. 31. No action or proceeding has been brought at law or otherwise for the recovery of said sum, or any part thereof. mechanic' 32. Upon information and belief, no other person or persons have filed mechanic's liens against said real property, or any part thereof, nor have subsequent liens or claims by judgment, mortgage, or conveyance been made or filed or rendered against said real property or any part thereof, except those named in this action. 33. By reason of the foregoing, Plaintiff has been damaged in the sum of $27,000.00 on Mechanic's Lien 01 and demands judgment thereof with interest from November 3, 2017. Agreement 2 34. On or about. June 13, 2017, Plaintiff and Defendant D&D entered into an agreement where Plaintiff agreed to supply labor and building materials to Defendant D&D for improvement to the aforementioned premises most particularly in the 7th basement known as the T&C job. (See Exhibit "D", Copy of Agreement 2 for the Floor). 35. Defendant D&D agreed to pay the sum of $14,500.00 to Plaintiff for the aforesaid labor and building materials. 36. Plaintiff and Defendant D&D entered into an agreement for goods sold and delivered and labor services. 9 of 25 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 37. Plaintiff duly performed allconditions on itspart to be performed. 38. Defendant D&D has not performed leaving a balance due in said agreement in the specific sum of $12,500.00 plus interest and attorney's fees. 39. Upon information and belief, the labor and building materials furnished by Plaintiff to Defendant's D& D and was used for improvements to the Subject Premises. 40. That Plaintiff performed the terms of the agreement with Defendants by furnishing building materials and labor in connection with the Subject Premises from approximately June 8, 2017 to June 20, 2017. 41. Plaintiff filed a Notice of Mechanic's Lien against the Subject Premises so that at the time of the filing of the Plaintiffs Notice Under Mechanic's Lien Law, as hereinafter mentioned, Plaintiff fully performed all of its obligations under the terms and conditions of the agreement with Defendants and Plaintiff was due to be paid and has not been paid the sum of $12,500.00 which remains unpaid and due and owing to Plaintiff for labor and building materials furnished. (See Exhibit "E", Copy of Mechanic's Lien 2). 42. On or about the November 3, 2017, and within four to five months from the furnishing by the Plaintiff of the said materials and labor, Plaintiff filed or caused to be Mechanic' filed in the Office of the Clerk of the COUNTY OF NEW YORK a Notice of Mechanic's Lien in writing, which notice did state among other things the name of the owner of the real property whose interest therein a lien is claimed, the nature of such interest, the name of the person by whom the lienor was employed, to whom itfurnished materials, for whom itperformed labor and with whom the contract was made for the labor and materials, the materials furnished, the labor performed. the agreed price and value of the materials 10 of 25 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 furnished and labor performed, the amount unpaid to the lienor for the materials furnished and labor performed, the date when the first items of material were furnished and labor performed and the date when the lastitems of material were furnished and labor performed and a description of the property sufficient for identification. 43. The said notice of lien stated. among other things, (1) the name and residence of the lienor, the plaintiff herein; (2) the name of the owner of the real property against whose interest a lien was claimed, and the interest of the owner as far as known to the lienor; (3) the name of the person with whom the contract was made; (4) the labor performed and material furnished and the agreed price thereof; (5) the amount unpaid to the lienor for such labor and materials; (6) the time when the first and last items of work were performed and materials were furnished; (7) the property subject to the lien, with a description thereof sufficient for identification, and its location by street and number. 44. That said notice of lien was duly verified and complied in all respects with the N.Y. Lien Law in reference to the filing and acquiring of mechanic's liens affecting private improvements. 45. The work, labor and services performed by the Plaintiff and the materials furnished by it in connection therewith were so performed and furnished toward the improvement of the said premises and toward the enhancement thereof. 46. The work, labor and services performed by Plaintiff and the materials furnished by it in connection therewith were part of the work, labor and services and materials required under the agreement between Defendant D&D and Plaintiff to be performed and furnished by the Plaintiff and said work, labor and services so performed Plaintiff and the materials furnished in connection therewith were so performed and by 11 of 25 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 furnished with the knowledge, permission and consent and at the specific request of Defendants and were so performed and furnished toward the improvement of the said premises and toward the enhancement thereof. 47. Upon information and belief the said notice of lien was duly docketed in the lien docket kept by the Clerk of the COUNTY OF NEW YORK for that purpose on November 3, 2017. 48. That on or about November 3, 2017, a true copy of said notice of lien was served upon Defendants as required by statute. 49. That no part of the Plaintiffs lien has been paid, waived, cancelled or discharged and that no proceedings either at law or in equity have ever been brought to recover any part of the said lien or claim upon which itis founded. leaving a balance due and owing in the amount of $12,500.00 with interest from November 3, 2017. 50. Said lien has not been canceled or otherwise discharged. 51. No action has been brought by this plaintiff for the foreclosure of said lien, nor has this plaintiff been made a party defendant to any action brought for the foreclosure of another lien or mortgage against said real property or any part thereof. 52. That the Plaintiff herein has no adequate remedy at law. 53. No action or proceeding has been brought at law or otherwise for the recovery of said sum. or any part thereof. mechanic' 54. Upon information and belief, no other person or persons have filed mechanic's liens against said real property, or any part thereof, nor have subsequent liens or claims by judgment, mortgage, or conveyance been made or filed or rendered against said real property or any part thereof, except those named in this action. 12 of 25 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 55. By reason of the foregoing, Plaintiff has been damaged in the sum of $12,500.00 on Mechanic's Lien #2 and demands judgment thereof with interest from November 3, 2017. Agreement 3 56. On or about May 2, 2017, Plaintiff and Defendant D&D entered into an agreement where Plaintiff agreed to supply labor and building materials to Defendant D&D for improvement to the aforementioned premises most particularly in the basement. (See Exhibit "F". Copy of Agreement 3 for the Basement Floor). 57. Defendant D&D agreed to pay the sum of $10,500.00 to Plaintiff for the aforesaid labor and building materials. 58. Plaintiff and Defendant D&D entered into an agreement for goods sold and delivered and labor services. 59. Plaintiff duly performed allconditions on itspart to be performed. 60. Defendant D&D has not performed leaving a balance due in said agreement in the specific sum of $10,500.00 plus interest and attorney's fees. 61. Upon information and belief, the labor and building materials furnished by Plaintiff to Defendant's D&D and was used for improvements to the Subject Premises. 62. That Plaintiff performed the terms of the agreement with Defendants by furnishing building materials and labor in connection with the Subject Premises from approximately May 2, 2017 to May 25, 2017. 63. Plaintiff filed a Notice of Mechanic's Lien against the Subject Premises so that at the time of the filing ot the Plaintiffs Notice Under Mechanic s Lien Law, as 13 of 25 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 hereinafter mentioned, Plaintiff fully performed all of its obligations under the terms and conditions of the agreement with Defendants and Plaintiff was due to be paid and has not been paid the sum of $10,500.00 which remains unpaid and due and owing to Plaintiff for labor and building materials furnished. (See Exhibit "G", Copy of Mechanic's Lien 3). 64. On or about the November 3, 2017, and within four to five months from the furnishing by the Plaintiff of the said materials and labor, Plaintiff filed or caused to be Mechanic' filed in the Office of the Clerk of the COUNTY OF NEW YORK a Notice of Mechanic's Lien in writing, which notice did state among other things the name of the owner of the real property whose interest therein a lien is claimed, the nature of such interest, the name of the person by whom the lienor was employed, to whom itfurnished materials, for whom it performed labor and with whom the contract was made for the labor and materials, the materials furnished, the labor performed, the agreed price and value of the materials furnished and labor performed, the amount unpaid to the lienor for the materials furnished and labor performed, the date when the firstitems of material were furnished and labor performed and the date when the last items of material were furnished and labor performed and a description of the property sufficient for identification. 65. The said notice of lien stated, among other things, (1) the name and residence of the lienor, the plaintiff herein; (2) the name of the owner of the real property against whose interest a lien was claimed, and the interest of the owner as far as known to the lienor; (3) the name of the person with whom the contract was made; (4) the labor performed and material furnished and the agreed price thereof: (5) the amount unpaid to the lienor for such labor and materials; (6) the time when the first and last items of work 14 of 25 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 were performed and materials were furnished; (7) the subject to the lien, with a property description thereof sufficient for identification, and itslocation by street and number. 66. That said notice of lien was duly verified and complied in all respects with the N.Y. Lien Law in reference to the and of mechanic's liens filing acquiring affecting private improvements. 67. The work, labor and services performed by the Plaintiff and the materials furnished by it in connection therewith were so performed and furnished toward the improvement of the said premises and toward the enhancement thereof. 68. The work, labor and services performed by Plaintiff and the materials furnished by it in connection therewith were part of the work, labor and services and materials required under the agreement between Defendant D&D and Plaintiff to be performed and furnished by the Plaintiff and said work, labor and services so performed by Plaintiff and the materials furnished in connection therewith were so performed and furnished with the knowledge, permission and consent and at the specific request of Defendants and were so performed and furnished toward the improvement of the said premises and toward the enhancement thereof. 69. Upon information and belief the said notice of lien was duly docketed in the lien docket kept by the Clerk of the COUNTY OF NEW YORK for that purpose on November 3, 2017. 70. That on or about November 3, 2017, a true copy of said notice of lien was served upon Defendants as required by statute. 71. That no part of the Plaintiffs lien has been paid, waived, cancelled or discharged and that no proceedings either at law or in equity have ever been brought to 15 of 25 FILED: NEW YORK COUNTY CLERK 05/01/2018 01:46 PM INDEX NO. 154013/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2018 recover any part of the said lien or claim upon which it isfounded, leaving a balance due and owing in the amount of $10,500.00 with interest from November 3, 2017. 72. Said lien has not been canceled or otherwise discharged. 73. No action has been brought by this plaintiff for the foreclosure of said lien, nor has this plaintiff been made a party defendant to any action brought for the foreclosure of another lien or mortgage against said real property or any part thereof. 74. That the Plaintiff herein has no adequate remedy at law. 75. No action or proceeding has been brought at law or otherwise for the recovery of said sum, or any part thereof. mechanic' 76. Upon information and belief, no other person or persons have filed mechanic's liens against said real property, or any part thereof, nor have subsequent liens or claims by judgment, mortgage, or conveyance been made or filed or rendered against said real property or any part thereof, except those named in this action. 77. By reason of the foregoing, Plaintiff has been damaged in the sum of $10,500.00 on Mechanic's