FILED: NEW YORK COUNTY CLERK 09/28/ :27 PM INDEX NO /2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2016

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1 FILED NEW YORK COUNTY CLERK 09/28/ PM INDEX NO /2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF 09/28/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x CAROLE ROSEN, Plaintiff, - against - NAZIM CUROVIC and HORIZON PAINTING CORP., Defendants x TO THE ABOVE NAMED DEFENDANTS Index No. Date Filed SUMMONS Plaintiff designates New York County as the place of trial. The basis for venue is the plaintiff s address. YOU ARE HEREBY SUMMONED to answer in this action and to serve a copy of your answer upon the Plaintiff s Attorney within 20 days after the service of this summons and the verified complaint annexed thereto, exclusive of the date 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 York, and in case of your failure to appear or answer, judgment will be taken against you by default for the relief requested in the verified complaint attached hereto. Dated New York, New York July 11, 2016 SIVE, PAGET & RIESEL, P.C. Attorneys for Plaintiff By John-Patrick Curran 460 Park Avenue, 10th Floor New York, New York (212) Defendants Addresses NAZIM CUROVIC HORIZON PAINTING CORP. 248 McClean Avenue, 1 st Floor rd Street Staten Island, New York Astoria, New York 11003

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x CAROLE ROSEN, Plaintiff, - against - NAZIM CUROVIC and HORIZON PAINTING CORP., Defendants x Index No. Date Filed VERIFIED COMPLAINT Plaintiff Carole Rosen, by her attorneys, Sive, Paget & Riesel, P.C., as and for her complaint against the defendants, hereby alleges as follows PARTIES 1. Plaintiff CAROLE ROSEN ( Rosen or Plaintiff ) is the owner of a two-family house located at 390-A 5 th Street, Brooklyn, New York (the House ). At all times relevant to this action, Rosen resided and still resides at 220 West 107 th Street, #3B, New York, New York Upon information and belief, Defendant HORIZON PAINTING CORP. ( Horizon ) is a domestic business corporation with business offices located at rd Street, Astoria, New York 11003, and at all times relevant to this action is and was authorized to do business in the State of New York. 3. Upon information and belief, Defendant NAZIM CUROVIC ( Curovic ) is or was and held himself out to be a principal, employee, or agent of Defendant HORIZON 1

3 (collectively, Defendants ). Upon information and belief, Defendant CUROVIC resides at 248 McClean Avenue, 1 st Floor, Staten Island, New York FACTUAL ALLEGATIONS 4. On February 29, 2016, Plaintiff Carole Rosen contracted with Defendants Horizon Painting Corp. and Nazim Curovic to complete a bathroom renovation on the first floor of the House, consisting in part of demolition of the entire existing bathroom; new water supply branch lines, bathroom fixtures, and a radiator; installation of floor and wall tiles; and painting. The contract set the project start date as March 1, 2016 and completion date as March 22, The total contract price was $15, On March 7, 2016, Plaintiff contracted with Defendants for additional work on the first floor bathroom, including the supply and installation of a radiant heater in the bathroom floor and the supply and installation of new ceiling support beams for an additional $2, (together with the February 29, 2016 contract, the First Floor Bathroom Contract ). 6. In March 2016, Plaintiff contracted with Defendants to supply and install a new sump pump in the basement of the House for $ (the Basement Contract ). 7. On March 17, 2016, Plaintiff contracted with Defendants to install a half bath on the second floor of the House, consisting in part of new water supply lines and drain and vent lines from the basement, extending the wall and adding a new door, installing new subflooring and waterproofing, installing new tiles and fixtures, running new electrical lines, and painting. The contract set the project start date as March 18, 2016 and completion date as April 9, The total contract price was $8, On April 6, 2016, Plaintiff contracted with Defendants for additional work on the second floor bathroom for supply and installation of marble tile and cap molding for $

4 (together with the March 17, 2016 contract, the Second Floor Bathroom Contract and with the First Floor Bathroom Contract and the Basement Contract, the Contracts ). 9. The Contracts name Horizon as the contractor with an address at rd Street, Astoria, New York 11105; a telephone number of ; and an address of nazimcurovic@gmail.com. The Contracts were negotiated with and signed by Curovic on behalf of Contractor. The Contracts require that payment be made to Curovic at 248 McClean Avenue, 1 st Floor, Staten Island, New York. 10. The Contracts list Horizon s home improvement contractor license as # DCA and certified lead renovator number as # RI The home improvement license number is listed with the New York City Department of Consumer Affairs as belonging to Horizon. 11. Paragraph 3(a) of the Contracts Terms and Conditions reads, Contractor agrees to furnish the materials for the project and complete the work in a professional manner. Similarly, paragraph 4(b) of the Contracts Terms and Conditions reads, Contractor agrees to start and diligently pursue work through to completion. 12. Beginning in mid-april 2016, Defendant Curovic missed appointments and days of work at the House. Plaintiff would call and text Curovic to ascertain his whereabouts and availability. Often Curovic would not respond. 13. From early May 2016, Curovic failed to perform any work at the House and was entirely nonresponsive to Plaintiff s communications. On May 20, 2016, Plaintiff ed Curovic to explain her numerous attempts to reach him and his failure to perform under the contract; she asked Curovic to propose a firm project start and completion date or she would take legal action. 3

5 14. On May 21, 2016, Curovic responded to Plaintiff and promised to resume work by June 5 and fully perform under the Contracts by June 15. However, Curovic did not go to the House on June 5 or any time thereafter; nor did he communicate with Plaintiff. 15. Overall, Curovic finished all work under the Basement Contract, about 90% of the work contemplated under the First Floor Bathroom Contract, and almost none of the work contemplated under the Second Floor Bathroom Contract. 16. Between March 2016 and April 2016 Plaintiff paid Curovic about $25,200 of the $27,300 contemplated under the Contracts. 17. Multiple contractors have reviewed Defendants work and have found all of it to be inadequate and most not in conformance with New York City building codes. 18. Plaintiff also learned that Defendants did not obtain any required permits for the work as required by law. 19. Plaintiff must hire new consultants and a new contractor to, among other things, (a) obtain permits, to the extent possible, for work performed; (b) uncover, repair, or redo faulty and non-code compliant work performed by Defendants; and (c) to finish the work under the Contracts left incomplete by Defendants. 20. The cost of redoing and finishing the work under the Contracts and obtaining a New York City Department of Buildings ( DOB ) construction permit is expected to cost at least $65, Further, because Defendants did not obtain a DOB construction permit before performing work under the Contracts, a complaint has been filed with DOB, and DOB may issue violations that carry penalties of as much as $5,

6 22. The Contracts provide for damages due to late completion. The First Floor Bathroom Contract reads, in part, that [i]n the event that work is not completed by March 22, 2016, starting on March 22, 2016, Contractor agrees to pay damages of $100 per day. In the event that work is not completed by April 1, 2016, starting on April 1, 2016, Contractor agrees to pay damages of $300 per day. The Second Floor Bathroom Contract similarly provides that, [i]n the event that work is not completed by April 9, 2016, Contractor agrees to pay damages of $100 per day. In the event that work is not completed by April 15, Contractor agrees to pay damages of $300 per day. Due to Defendants failure to complete the work under the Contracts, approximately $50, in additional damages have accrued. 23. Paragraph 24 of the Contracts Terms and Conditions provides for payment by the prevailing party of reasonable attorneys fees in addition to costs and reasonable expenses incurred in the prosecution or defense of a legal action. forth herein. CAUSES OF ACTION FIRST CAUSE OF ACTION AGAINST DEFENDANTS FOR BREACH OF CONTRACT 24. Plaintiff repeats, reiterates and realleges the above paragraphs 1-23 as if fully set 25. The Defendants breached the terms of the Contracts by (1) failing to obtain necessary permits and/or failing to perform the work in accordance with applicable law, (2) performing defective work that must be repaired or replaced, (3) failing to continue or complete the work. 5

7 26. As a consequence of Defendants breach of the Contracts, Plaintiff has incurred and will continue to incur substantial damages, including the cost of hiring a new contractor to redo portions of the work and to complete the work contemplated under the Contracts. 27. As a result of the foregoing, Plaintiff has suffered and will continue to suffer damages in the amount of not less than $140,200. forth herein. SECOND CAUSE OF ACTION AGAINST DEFENDANT CUROVIC FOR FRAUD 28. Plaintiff repeats, reiterates and realleges the above paragraphs 1-27 as if fully set 29. Upon information and belief, Curovic was at all relevant times a principal, employee, or agent of Horizon. 30. The Contracts signed by Curovic list Horizon as the contractor, and at all relevant times Curovic held himself out as a principal, employee, and/or agent of Horizon who was authorized to enter into the Contracts on behalf of Horizon. 31. Curovic signed the Contracts as Contractor. 32. Plaintiff entered into the Contracts and paid money to Curovic in reliance on the representations that Curovic (a) was authorized to enter into the Contracts on behalf of Horizon and (b) through Horizon, was a licensed Home Improvement Contractor. 33. After a telephone call made to Horizon s offices in June 2016, Plaintiff learned that Horizon has had no affiliation with Curovic for more than two years. 34. If discovery reveals that, at all relevant times, Curovic was not a principal, employee, or agent of Horizon, then Curovic s contractual representations that (a) he was a 6

8 principal, employee, or agent of Horizon, and (b) through Horizon, he was a licensed Home Improvement Contractor were knowingly false. 35. Curovic s fraudulent misrepresentations were made intentionally for the purposes of misleading, defrauding, and inducing Plaintiff to contract with and pay money to Curovic. 36. Plaintiff believed in the truth of Curovic s statements and in justifiable reliance thereon, was induced to contract with Curovic. 37. As a result of the foregoing, Plaintiff has suffered and will continue suffer damages of not less than $140, As a result of the foregoing, Plaintiff is entitled to an award of punitive damages of not less than $500,000. forth herein. THIRD CAUSE OF ACTION AGAINST DEFENDANT CUROVIC FOR FRAUD 39. Plaintiff repeats, reiterates and realleges the above paragraphs 1-38 as if fully set 40. Title 6, Section of the Rules of the City New York requires any party performing home improvements to have a Home Improvement Contractor license. license. 41. The Contracts state that Horizon has a valid Home Improvement Contractor 42. Plaintiff entered into the Contracts and paid money to Curovic in reliance on the representations that Curovic (a) was authorized to enter into the Contracts on behalf of Horizon, and (b) through Horizon, was a licensed Home Improvement Contractor. 7

9 43. If discovery reveals that, at all relevant times, Curovic was not a principal, employee, or agent of Horizon, then Curovic s contractual representations that (a) he was a principal, employee, or agent of Horizon, and (b) through Horizon, he was a licensed Home Improvement Contractor were knowingly false. 44. Curovic s fraudulent misrepresentations were made intentionally for the purposes of misleading, defrauding, and inducing Plaintiff to contract with and pay money to Curovic. 45. Plaintiff believed in the truth of Curovic s statements and in justifiable reliance thereon, was induced to contract with Curovic. 46. As a result of the foregoing, Plaintiff has suffered and will continue suffer damages of not less than $140, As a result of the foregoing, Plaintiff is entitled to an award of punitive damages of not less than $500,000. WHEREFORE, Plaintiff requests judgment against Defendants, as follows (i) On the first cause of action in the amount of $140,200, plus interest, reasonable attorney s fees, costs of the action, and such other and further relief that the Court deems just and equitable. (ii) On the second cause of action compensatory damages in the amount of $140,000 and punitive damages in the amount of $500,000, plus interest, reasonable attorney s fees, costs of the action, and such other and further relief that the Court deems just and equitable. (iii) On the third cause of action compensatory damages in the amount of $140,000 and punitive damages in the amount of $500,000, plus interest, reasonable 8

10 attorney s fees, costs of the action, and such other and further relief that the Court deems just and equitable. Dated New York, New York July 11, 2016 SIVE, PAGET & RIESEL P.C. Attorneys for Plaintiff By John-Patrick Curran 460 Park Avenue, 10th Floor New York, New York (212)

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