FILED: NEW YORK COUNTY CLERK 01/23/2012 INDEX NO /2011 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/23/2012. Minelli Cons

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1 FILED: NEW YORK COUNTY CLERK 01/23/2012 INDEX NO /2011 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/23/2012 \ MIN-WDF-Summons SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK I II MINELLI CONSTRUCTION CO., INC., WDF, INC. - against - Plaintiff, X Index No. Date Purchased: Plaintiff designates Bew.'York County as the glace of trial The basis of ven;e is pursuant to contract provision ' SUMMONS v, Plaintiff resides at a~11059d9 300 Corporate Plaza Islandia, New York To the above named Defendant: YOU ARE HEREBY SUMMONED to answer the Verified Complaint in this action and to serve a copy of your Answer on the Plaintiff's attorney(s) within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New Pork);.and in case of your failure to appear or answer, Judgment will be taken against you by default for the relief demanded in the Verified Complaint. Dated: May 9, 2011 Defendant's Addresses: WDF, Inc. 30 North MacQuesten Parkway Mount Vernon, NY Minelli Cons E D Mineola, New York (516) 746-F\ I Supreme Court Records OnLine Library - page 1 of 7

2 L MIN-WDF-Complaint.docx SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -tf-l_- - l_l X MINELLI CONSTRUCTION CO., INC., Index No. Plaintiff, -against- VERIFIED COMPLAINT WDF INC. Plaintiff, Minelli Construction Co., Inc., by its attorneys, Law Offices of Melvin J. Kalish, PLLC, complaining of the Defendant,WDF Inc., alleges as follows: 1. Plaintiff, Minelli Construction Co., Inc. (hereinafter referred to as "Minelli"), was at all times relevant hereto, and still 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 located at 300 Corporate Plaza, Islandia, New York Upon information and belief, Defendant, WDF Inc. (hereinafter referred to as "WDF") was, at all times relevant hereto, and still 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 located at 30 North MacQuesten Parkway, Mount Vernon, NY AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT WDF 3. Upon information and belief, prior to October 13, 2009, Defendant WDF entered into a written public improvement contract (the "Contract") with the New York City Transit Authority known as "4/5 Supreme Court Records OnLine Library - page 2 of 7

3 h Fulton Street Station Rehabilitation &Dey Street Headhouse," Contract #A (hereinafter referred to as the "Project"). 4. Thereafter, on or about October 13, 2009, and in connection with the aforesaid Contract, DefendantWDFentered into an agreement with Minelli (hereinafter referred to as the "Subcontract") wherein and whereby Minelli was to perform certain chemical grout and restoration of concretework at the Project for the contract sum of $580, Plaintiff incorporates said Subcontract by reference and begs leave to refer to the original Subcontract at the trial of this action for its true terms and conditions and legal import. 5. Minelli duly commenced the performance of its work under the Subcontract. 6. WDF breached the parties' Subcontract by, inter alia, without notice or authorization, performing items of work which were within the scope of Minelli's Subcontract, improperly sending Minelli notices to cure, failing to pay Minelli monies earned under the Subcontract and ultimately wrongfully terminating Minelli's Subcontract. 7. That as of the date of WDF's wrongful termination of Minelli's Subcontract, Minelli had completed work having a scheduled value of $184, WDF made payments to Minelli totaling $22,500.00, leaving a balance due and owing to Minelli for work completed of $161, demanded. 9. No part of said $161, sum has been paid although duly 2 Supreme Court Records OnLine Library - page 3 of 7

4 10. In addition, by virtue of its wrongful actions and breaches of contract, WDF prevented Minelli from performing $395, in Subcontract work. 11. WDF's actions deprived Minelli of the profit it would have earned by performing this work in the sum of approximately $158, WDF is liable to Minelli for the contract balance due Minelli on the work performed in the sum of $161, and for the lost profits on the work WDF prevented Minelli for performing in the sum of approximately $158, or the total sum of $319, together with interest from April 23, 2011 and earlier dates. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT WDF 13. Plaintiff repeats and realleges each and every allegation set forth in Paragraphs "1" through I'12" of the Complaint with the same forth and effect as if fully set forth at length herein. 14. At the special instance and request and/or direction of Defendant WDF, between approximately October 13, 2009and April 23, 2011, Minelli performed work, labor and services for and furnished materials to WDF at the Project in furtherance of WDF's Contract withthe New York City Transit Authorityhaving an agreed price and reasonable value of $184,318.50, no part of which has been paid except the sum of $22,500.00, leaving a balance due and owing to Minelli in the sum of $161, demanded. No part of said $161, has been paid although duly 3 Supreme Court Records OnLine Library - page 4 of 7

5 16. By reason of the foregoing, WDF is liable to and owes Minelli the sum of $161,818.50, plus interest from April 23, 2011 and earlier dates. WHEREFORE, Plaintiff Mine111 Construction Co., Inc., demands Judgment against the Defendant WDF Inc. as follows: 1. On the First Cause of Action in the sum of $319, plus interest from April 23, 2011 and earlier dates. 2. On the Second Cause of Action in the sum of $161, plus interest from April 23, 2011 and earlier dates. 3. That the Plaintiff have such other and further relief which as to this Court may seem just, proper and equitable. 4. That the Plaintiff be awarded costs, reasonable attorneys' fees and disbursements of this action. LAW OFFICES OF ME By : Attorneys for Pl%nt Minelli Construction 114 Old Country Road, Suite 660 Mineola, New York (516) Supreme Court Records OnLine Library - page 5 of 7

6 * * MrN-WDE-Complaint,docx STATE OF NEW YORK 1 ) 35.: COUNTY OF SUFFOLK 1 CORPORATE VERIFICATION Joseph Spano, being duly sworn, deposes and says: Deponent is the Vice-President of Minelli Construction Co., Inc., a corporation and Plaintiff in the within action; deponent has read the foregoing Verified Complaint and knows the contents thereof; the same is true to deponent's own knowledge, except as to the matters therein alleged upon information and belief, and those matters deponent believes to be true. The grounds of deponent's belief as to all matters not stated upon deponent's own knowledge are as and records of the Corporation and conversations. before me this of May, i CAROLEFASAMJ bty Public, Stah d New vork Q1aIHled In Suffolk County Na OlFA May 11,2015 Supreme Court Records OnLine Library - page 6 of 7

7 -. _ Index No. Year SUPREME COrrfiT OF'THE STATE OF NEW YORK COUNTY OF NEW YORK - MINELLI EONSTRUCTION co., INC., -_.I t. ::..; 1 Plaintiff, WDF, INC., - against - L Defendant. -\ SUMMONS AND VERIFIED COMPLAINT To : LAW OFFICES OF MELVIN J. KALISH, PLLC Attorneys for Plaintiff. Minelli Construction Co., Inc. 114 OLD COUNTRY ROAD - SUITE 660 MINEOLA, NEW YORK (516) _. _- ~ Attorneys for - ~ Service of a copy of the within Dated: - is hereby adrni'ited, Attorneys for " " PLEASE TAKE NOTICE that the within is a (certified) copy of a NOTICE entered in the office of the Clerk of the within named Court on OF ENTRY I 19 that an Order of which the within is a true copy will be presented NOTICE OF fox settlement to the Hon., one of the SETTLEMENT judges of the within Court, at on, 19 at 1O:OO A.M. Dated: TO : Attorneys fox LAW OFFICES OF MELVIN J. KALISH, PLLC Attorneys for Plaintiff 114 OLD COUNTRY ROAD - SUITE 660 MINEOLA, NEW YORK (516) Supreme Court Records OnLine Library - page 7 of 7