FILED: NASSAU COUNTY CLERK 11/09/ :17 PM INDEX NO /2016 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 11/09/2016

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10 FILED: NASSAU COUNTY CLERK 02/10/ :50 PM INDEX NO /2016 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/10/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X ANTHONY J. LICATESI, -against- Plaintiff, LOWEREE CONSTRUCTION CO. INC., HENRY M. MONTEVERDE, and RABCO ENGINEERING, P.C., Index No.: VERIFIED COMPLAINT Defendant(s) X Plaintiff Anthony J. Licatesi ( Licatesi or Plaintiff ), by his attorneys, Rubin & Licatesi, P.C., alleges the following: 1. Plaintiff is a natural person residing in Nassau County, New York. 2. Upon information and belief, Defendant Loweree Construction Co. Inc. ( Loweree Construction ) is a domestic business corporation with a principal place of business in Nassau County. 3. Upon information and belief, Defendant Henry M. Monteverde ( Monteverde ) is a natural person with a principal place of business in Nassau County. 4. Upon information and belief, Defendant Rabco Engineering, P.C. ( Rabco Engineering ) is a domestic professional corporation with a principal place of business in Nassau County. 5. Venue is proper pursuant to CPLR 503. Page 1 of 7 10 of 51

11 FIRST CAUSE OF ACTION: (Breach of Contract) 6. In or about January 2012, Plaintiff and Defendant Loweree Construction entered into a home improvement contract (hereinafter the Contract ) for renovations and improvements to the premises known as and located at 188 Bayside Drive, Atlantic Beach, NY (the Premises ). 7. Defendant Lowereee Construction consulted with defendants Monteverde and Rabco Engineering and came up with the renovation design and plan. 8. Pursuant to the Contract, Defendant Loweree Construction was to prepare the Premises for the work; engage in demolition of specified areas; install Helical Piles as per the plans and recommendation of defendants Monteverde and Rabco Engineering; excavate, build a foundation, and frame specific areas in the home; replace and install a new roof; replace and install new windows, siding, trims, columns, gutters, hand rails, doors, and floors; install new insulation, sheet rock, tiles in the bathrooms and laundry room, paint; complete renovation of the kitchen including new cabinets, countertops, backsplash, and ducted range hood; install gas fireplaces and a Heating, Ventilation, and AC System (HVAC); install new plumbing, heating systems and gas lines; electrical work; and rear deck, shed and gazebo/portico. 9. The agreed upon original contract price was $574, Plaintiff performed fully under the Agreement. 11. Defendant Loweree Construction was charged with exercising reasonable skill and care in performing the work. 12. Defendant Loweree Construction breached the Agreement as he was negligent in the construction and renovation of Plaintiff s deck, the Central HVAC System, the boiler and Page 2 of 7 11 of 51

12 heating system, the surrounding fence, the windows and sliding doors, and the kitchen ducted range hood. 13. Defendant Loweree Construction was negligent in performing the work and failed to exercise reasonable skill and care in performing the work. 14. All of the aforementioned repairs/renovations were inadequately, defectively and/or deficiently performed by Defendant Loweree Construction. 15. As such, Plaintiff has been damaged in the amount of $400,000.00, plus interest, costs, disbursements, punitive damages, and legal attorneys fees. through 15. SECOND CAUSE OF ACTION: (Unjust Enrichment) 16. Plaintiff restates and realleges all of the allegations contained in paragraphs Defendant Loweree Construction was unjustly enriched at the expense of Plaintiff. 18. It is against equity and good conscience to permit Defendant to retain said funds. 19. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant Loweree Construction for unjust enrichment in the sum of $400,000.00, plus interest, costs, disbursements, punitive damages, and legal attorneys fees. THIRD CAUSE OF ACTION: (Negligence) through Plaintiff restates and realleges all of the allegations contained in paragraphs 1 Page 3 of 7 12 of 51

13 21. Defendants Loweree Construction, Monteverde and Rabco Engineering owed a duty to Plaintiff. Upon information and belief, Defendant Loweree Construction was contracted to install a deck at the Premises, and defendants Monveterde and Rabco Engineering were consulted with and prepared the plans for the deck, including the number and location of the necessary Helical Piles. 22. Upon information and belief, the number of Helical Piles used to support the deck was insufficient. 23. Upon information and belief, the manner in which the deck was constructed was negligent and deficient. 24. The plans regarding the Helical Piles and the installation of the deck were defective, improperly and negligently devised, recommended, and approved by the defendants. 25. Less than two years since the installation of the deck, it has already sunken and detached from the Premises. 26. Defendants breached the duty they owed to Plaintiff through their deficient plan and through the negligent work performed. 27. Defendants breach was a proximate cause of Plaintiff s injuries. 28. As a result, Plaintiff has been damaged in the amount of $400,000.00, plus interest, costs, disbursements, punitive damages, and legal attorneys fees. FOURTH CAUSE OF ACTION: (Breach of Contract) through Plaintiff restates and realleges all of the allegations contained in paragraphs 1 Page 4 of 7 13 of 51

14 30. On or about April 20, 2010, Plaintiff and Defendant Monteverde entered into a contract wherein Defendant Monteverde was to provide certain professional services for a project at the Premises. Specifically, Defendant Monteverde agreed to provide certain architectural plans for an addition to the Premises, along with alterations to the first and second floors for the redesign of the main entrance foyer, living room, dining room, kitchen and family room. Defendant Monteverde further agreed to provide plans to redesign the master bedroom suite, the exercise room, laundry room, bathroom, and to provide plans for additional work in four other bedrooms. 31. Defendant Monteverde further agreed to provide consulting engineering services, obtain a drainage certificate for the in-ground swimming pool, make revisions to the drawing and specifications after approved phases have been completed, and to obtain certain approvals from the Town of Hempstead Board of Appeals, and to obtain a final project approval from the building department, including the obtainment of a Certificate of Completion. 32. The agreed upon contract price was $11, Plaintiff performed fully under the above-referenced contract. 34. Defendant breached the contract by not obtaining a Certificate of Completion and other approvals from the Town of Hempstead Board of Appeals. 35. As such, Plaintiff has been damaged in the amount of $11,000.00, plus interest, costs, disbursements, punitive damages, and legal attorneys fees. WHEREFORE, Plaintiff prays this Court grants judgment in favor of Plaintiff as follows: A. As to the first cause of action, for breach of contract, as against Defendant Loweree Construction, in the sum of $400,000.00; Page 5 of 7 14 of 51

15 B. As to the second cause of action, unjust enrichment, as against Defendant Loweree Construction, in the sum of $400,000.00; C. As to the third cause of action, for negligence, as against defendants Loweree Construction, Monteverde and Rabco Engineering, in the sum of $400,000.00; D. As to the fourth cause of action, for breach of contract, as against Defendant Monteverde, in the sum of $11,000.00; plus E. Interest, costs and disbursements, reasonable attorneys fees, and such other and further relief as this Court may deem just and proper. DATED: February 10, 2016 Garden City, NY Respectfully Submitted, Rubin & Licatesi, P.C. Attorneys for Plaintiff By: Michal Falkowski, Esq. 591 Stewart Avenue, 4 th Floor Garden City, NY Phone: (516) mfalkowski@rubinlicatesi.com Page 6 of 7 15 of 51

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18 FILED: NASSAU COUNTY CLERK 10/13/ :01 AM INDEX NO /2016 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/13/ of 33 51

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