FILED: NEW YORK COUNTY CLERK 11/06/2016 04:59 PM INDEX NO. 655826/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X COLOSSEO DEVELOPMENT GROUP, INC., Index No. Plaintiff, -against- SUMMONS LIFTECH ELEVATOR, LLC, Defendant. --------------------------------------------------------------------X TO THE ABOVE NAMED DEFENDANT: PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action and to serve a copy of your Answer on the Plaintiff s attorney at the address set forth below within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York. YOU ARE HEREBY NOTIFIED THAT should you fail to appear or answer the Complaint, JUDGMENT WILL BE TAKEN AGAINST YOU BY DEFAULT FOR THE RELIEF DEMANDED HEREIN. Plaintiff designates New York County as the place of venue. The basis of venue is CPLR sections 301 and 302. Dated: New York, New York November 6, 2016 GIORDANO HALLERAN & CIESLA, P.C. TO: By: TIMOTHY J. DEHAUT Attorneys for Plaintiff Colosseo Development Group, Inc. 1250 Broadway, 36th Floor New York, NY 10001 (646) 475-8065 LIFTECH ELEVATOR, LLC 11 Fessenden Place, Newark, New Jersey 07112 1 1 of 8
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X COLOSSEO DEVELOPMENT GROUP, INC., Index No. Plaintiff, -against- COMPLAINT LIFTECH ELEVATOR, LLC, Defendant. --------------------------------------------------------------------X Plaintiff Colosseo Development Group, Inc., ( Colosseo ), by and through its attorneys, Giordano, Halleran & Ciesla, PC, alleges for its complaint against defendant Liftech Elevator, LLC ( Liftech ) as follows: Nature of Action 1. This is an action for breach of contract and related equitable claims against Liftech, an entity that entered into a subcontract with Colosseo, a general contractor, to recover substantial monetary damages resulting from Liftech s failure to comply with the terms of the subcontract between Colosseo and Liftech. 2. As alleged more fully below, Liftech entered into an agreement with Colosseo to perform elevator installation and service work at the building located at 432 West 58 th Street, New York, New York, but Liftech unlawfully failed to fulfill its contractual obligations and breached its contract with Colosseo, causing Colosseo to suffer significant damages. 2 2 of 8
The Parties and Jurisdiction 3. Colosseo is a domestic Corporation organized in and existing pursuant to the laws of the State of New York with its principal place of business located at 244 Madison Avenue, Suite 2910, New York, New York 10016. 4. Upon information and belief, Liftech is a New Jersey Limited Liability Company with principal place of business of 11 Fessenden Place, Newark, New Jersey 07112. 5. Liftech does business in the State of New York. 6. The contract that forms the basis of this claim was made with a New York Corporation contemplated work and services to be performed at 432 West 58 th Street, New York, New York. 7. The acts giving rise to the claims herein occurred in the State of New York. 8. Jurisdiction is proper in New York pursuant to CPLR 301 and for 302. The Facts 9. Colosseo is the general contractor for the construction project located at 432 West 58 th Street, New York, New York (the Project ). 10. On or about August 9, 2016, Colosseo entered into a written agreement with Liftech pursuant to which Liftech, as a subcontractor, was required to provide certain labor, services and materials to furnish and install two 12 stop passenger elevators at 432 West 58 th Street, New York, New York (the Subcontract ). 11. As set forth in the Subcontract, Liftech was required, among other things, to install the two (2) elevators in accordance with accepted manufacturer s directions and ANSI A17.1 and all City and State applicable codes. 3 3 of 8
12. Pursuant to the terms of the Subcontract, the man power and services to be provided by Liftech were to include project planning and scheduling in order that the performance of the elevator installation work could proceed when the Project was advanced to the stage for such installation. 13. Pursuant to the terms of the Subcontract Colosseo was to pay Liftech a total contract price of $100,000.00 in exchange for Liftech performance of the work, payable pursuant to a payment schedule set forth in the Subcontract. 14. The Subcontract payment schedule provided that a $30,000.00 deposit was due from Colosseo to Liftech upon the signing of the Subcontract. 15. By check dated August 12, 2016 Colosseo paid a $30,000.00 deposit to Liftech. 16. Liftech deposited Colosseo s check in the amount of $30,000.00 on or about the date it was received from Colosseo. 17. Colosseo notified Liftech that Liftech should have personnel present at the Project in order to schedule its work and coordinate its work in conjunction with the other construction trades. 18. Liftech failed and refused to send any personnel to the Project and failed to provide a schedule of coordinated work. 19. During August 2016, Colosseo continued to request a schedule and manpower for installation work. 20. Liftech failed and refused to send any Liftech personnel to the Project in order to begin the installation process and remained non-responsive. 21. Colosseo advised Liftech that the work on the elevators needed to proceed and that if there was a delay there was a risk the Project could not be completed timely. 4 4 of 8
22. Liftech failed to advise Colosseo if or when it would send any Liftech personnel to the Project to proceed with the elevator installation work, notwithstanding Liftech s obligation to do so pursuant to the terms of the Subcontract. 23. At all relevant time since the Subcontract was signed, Liftech failed and refused to send any personnel to the Project. 24. Liftech failed to even explain the reasons why it refused to fulfill the terms of the Subcontract. 25. As a result of Liftech s failure and refusal to fulfill the terms of the Subcontract, Colosseo has been required to divert its own employee manpower, to perform the installation work that was to be performed by Liftech pursuant to the Subcontract. 26. As a direct and proximate result of the acts of Liftech described above. Colosseo has been damaged in an amount not less than $30,000.00. First Cause of Action (Breach of Contract) 27. Colosseo repeats and realleges the allegations set forth in paragraphs 1-26 as if fully set forth herein. 28. Pursuant to the Subcontract, Liftech was required to perform elevator installation and maintenance services in connection with the Project. 29. Liftech has failed and/or refused to provide the services it was required to provide under the Subcontract, which conduct has resulted in damage to Colosseo. 30. Colosseo has at all times pertinent to this action satisfied all of its contractual obligations under the Subcontract, including the payment of a $30,000.00 deposit. 5 5 of 8
31. Liftech has neither performed the work called for under the Subcontract nor returned the $30,000.00 deposit made by Colosseo. 32. Liftech is in breach of its obligations under the Subcontract. 33. By reason of the foregoing, Colosseo has suffered compensatory damages in an amount to be determined at trial, but not less than $30,000.00, as well as impact costs, delay damages and consequential damages in an amount to be determined at trial. Second Cause of Action (Unjust Enrichment) 34. Colosseo repeats and realleges the allegations set forth in paragraphs 1-33 as if fully set forth herein. 35. As a direct and proximate result of the aforesaid wrongful acts of Liftech, Liftech has received a benefit at the expense and to the detriment of Colosseo. 36. It would be unjust and inequitable, as well as against equity and good conscience for Liftech to retain the aforesaid benefit, including but not limited to the $30,000.00 deposit, without paying Colosseo due compensation therefore. 37. Liftech has been unjustly enriched. 38. By reason of the foregoing, Liftech is indebted to Colosseo, and Colosseo has been damaged in an amount to be determined at trial, but not less than $30,000.00. Third Cause of Action (Good Faith and Fair Dealing) 39. Colosseo repeats and realleges the allegations set forth in paragraphs 1-38 as if fully set forth herein 6 6 of 8
40. There is included in the Subcontract an implied duty of good faith and fair dealing owed by Liftech to Colosseo. 41. As a direct and proximate result of the wrongful conduct of Liftech described herein, Liftech acted to realize gains under the Subcontract to which it was not entitled and deprived Colosseo of the fruit of its bargain. 42. Liftech has breached the implied duty of good faith and fair dealing that it owed to Colosseo. 43. By reason of the foregoing, Liftech is indebted to Colosseo and Colosseo has been damaged in amount to be determined at trial, but not less than $30,000.00. WHEREFORE, Colosseo demands judgment against Liftech as follows: A. On the First Cause of Action, damages in amount to be determined at trial, but not less than $30,000.00; B. On the Second Cause of Action, damages in amount to be determined at trial, but not less than $30,000.00; C. On the Third Cause of Action, damages in amount to be determined at trial, but not less than $30,000.00; D. Court costs and disbursements; E. Attorneys fees reasonably incurred by Colosseo in connection with this action; and F. Such other and further relief as the Court deems just and appropriate. 7 7 of 8
Dated: New York, New York November 6, 2016 GIORDANO HALLERAN & CIESLA, P.C. By: TIMOTHY J. DEHAUT Attorneys for Plaintiff Colosseo Development Group, Inc. 1250 Broadway, 36th Floor New York, NY 10001 (646) 475-8065 TO: LIFTECH ELEVATOR, LLC 11 Fessenden Place, Newark, New Jersey 07112 Docs #2487464-v1 8 8 of 8