Decisions and Orders

Decisions and Orders Obtained by the Law Offices of Ronald Francis

Click on the pdf link to view the decision/order.

Wonder Works Construction Corp. v. N. Sampogna & Son Corp., et al. (NY Sup. Ct. Index No. 652009/2015)

September 21, 2016

Representing plaintiff general contractor against subcontractors and their principal for breach of contract and diversion of New York State Lien Law trust funds, obtained decision denying defendants’ motion to amend complaint to add counterclaims for cardinal change in contract, quantum meruit, and diversion of trust funds by GC.

WW.Amend.ORDER Sept. 21 2016

GC Sterling Contractors Limited Liability Company v. Focus & Struga Building Developers, LLC, et al. (Sup. Ct. NY Co. Index No. 650084/2016)

September 15, 2016

Representing plaintiff subcontractor obtained settlement payment of full adjusted claim from general contractor.

Integrated Project Delivery Partners, Inc. v. Freeman (NY Sup. Ct. Index No. 162554/2015)

July 19, 2016

Representing defendant condominium unit owners against general contractor, obtained voluntary cancellation of mechanic’s lien and notice of pendency, and dismissal of claim to foreclose mechanic’s lien.

Freeman Notice of Pendency Cancelled

Boro B Construction Inc. v. Double G (1999) Limited Partnership, et al. (Sup. Ct. NY Co. Index No. 157746/2013)

June 30, 2016

Representing defendant owners and tenants of commercial property in action brought by general contractor for breach of contract, foreclosure of mechanic’s lien bond, diversion of trust funds, account stated, and unjust enrichment, obtained dismissal of entire action after two day bench trial before the Honorable Gerald Lebovits, J.S.C.

Boro B Judgment & Order after trial

Wonder Works Construction Corp. v. N. Sampogna & Son Corp., et al. (NY Sup. Ct. Index No. 652009/2015)

November 17, 2015

Representing plaintiff general contractor against subcontractors and their principal for breach of contract and diversion of New York State Lien Law trust funds, obtained decision allowing plaintiff to maintain the lawsuit as a class action.

WonderWorks.ClassAction.Decision.11.17.2015

Global Natural Foods, Inc. v. Indian Summer Cooperative, Inc.(S.D.N.Y. 13 CV 5811 [KBF])

September 18, 2015

Representing plaintiff, a New York company, in a breach of contract action against a defendant based in Michigan, obtained a $270,000 judgment after a four-day jury trial in the United States District Court for the Southern District of New York before the Honorable Katherine B. Forrest, U.S.D.J.

Global.Judgment.09.18.2015.PDF

Born to Build LLC v. 1141 Realty LLC, (NY Sup. Ct. NY Co. Index No. 652288/2013)

August 9, 2013

Representing the defendant owner 1141 Realty LLC in an action brought by a general contractor for reverse piercing of the corporate veil, obtained an order cancelling the notice of pendency and the costs and expenses incurred from the filing and cancellation of the notice of pendency.

OSC.Order.08.09.2013.PDF

Board of Managers of the Shorehaven Condominium and Beechwood RB Shorehaven, LLC
AAA Case No.: 13 115 Y 01348 12

July 22, 2013

Obtained an award of $528,373 for the claimant Board of Managers of the Shorehaven Condominium in an arbitration brought before the American Arbitration Association against the Sponsor of the condominium for construction defects.

AAA-Case-07.22.2013.PDF

Born to Build LLC v. Ibrahim Saleh, et al. (NY Sup. Ct. Nassau Co. Index No. 2345/2011)

May 15, 2013

Representing the defendant owner 1141 Realty LLC in a breach of contract and conversion case, obtained an order denying the plaintiff's motion for an order attaching defendant's property or the proceeds from the sale of the property.

Attachment.Order.05.15.2013.PDF

Born to Build LLC v. Ibrahim Saleh, et al. (NY Sup. Ct. Nassau Co. Index No. 2345/2011)

May 14, 2013

Representing the defendant owner 1141 Realty LLC in a breach of contract and conversion case, obtained an order denying the plaintiff's motion to compel defendant to produce a witness for a deposition.

Compel.Order.05.14.2013.PDF

Born to Build LLC v. 1141 Realty LLC, et al. (NY Sup. Ct. NY Co. Index No. 108128/2011)

April 2, 2013

Representing the respondent owner 1141 Realty LLC in a special proceeding wherein the petitioner sought the dissolution of the respondent, obtained an order from the Appellate Division, First Department, reversing the lower court’s denial of respondent’s cross-motion to dismiss the petition.

Appeal.Order.Decision.04.02.2013.pdf

Born to Build LLC v. 1141 Realty LLC, et al. (NY Sup. Ct. NY Co. Index No. 108128/2011)

February 15, 2013

Representing the respondent owner 1141 Realty LLC in a special proceeding wherein the petitioner sought the dissolution of the respondent, obtained an order denying the petitioner's second motion for a preliminary injunction and to file a lis pendens on the property.

OSC.second.Order.Decision.pdf

J Electric Inc. v. Corey Kris, et al. (NY Sup. Ct. Kings Co. Index No. 15812/2010)

June 8, 2012

Representing the defendant owner in a breach of contract action brought by a subcontractor, obtained an order dismissing the complaint and cancelling the notice of pendency.

Corey.JElectric.Dismiss.pdf

J Electric Inc. v. Leanza Tommy, et al. (NY Civ. Ct. Kings Co. Index No. 74532/2010)

March 1, 2012

Representing the defendant owner in a breach of contract action brought by a subcontractor, obtained an order dismissing the complaint and cancelling the notice of pendency.

713Metro.JElectric.Dismiss.Order.pdf

Born to Build LLC et al. v. 1141 Realty LLC (NY Sup. Ct. NY Co. Index No. 113855/2010)

February 22, 2012

Representing the defendant owner 1141 Realty LLC in a breach of contract action brought by general contractor Born to Build LLC, obtained an order granting protective order and quashing subpoena servedon non-party.

1141.BTB.Quash.Subpoena.Order.pdf

Born to Build LLC v. 1141 Realty LLC, et al. (NY Sup. Ct. NY Co. Index No. 108128/2011)

January 3, 2012

Representing the respondent owner 1141 Realty LLC in a special proceeding wherein the petitioner sought the dissolution of the respondent, obtained an order vacating the temporary injunction and denying the petitioner's motion for a preliminary injunction.

1141.BTB.Vacate.Injunction.Order.pdf

Assos Construction Corp.. v. 1141 Realty LLC (NY Sup. Ct. NY Co. Index No. 103573/2011)

October 13, 2011

Representing the defendant owner 1141 Realty LLC in a breach of contract action brought by subcontractor Assos Construction Corp., obtained an order vacating default judgment against defendant.

1141.Assos.Vacate.Default.Order.pdf

Healy and Tufino-Cantero v. 16th Street Development LLC (NY Sup. Ct. Kings Co. Index No. 33099/2007)

March 7, 2011

Representing the defendant owner 16 th Street Development LLC in an action brought by adjourning property owners for damages sustained to their house when defendant's general contractor caused property damage during construction of defendant's building, obtained order granting defendant summary judgment for indemnification against general contractor in third-party action.

16th.Healy.Final.SJ.Order.pdf

16th.Healy.Interim.SJ.Order.pdf

Baumval v. Palermo et al. (Sup. Ct. Kings Co. Index No. 12266/2007)

August 12, 2009

Representing individual principals of sponsor of condominium, obtained dismissal of action brought by purchasers of condominium unit for damages to property.

L&G.Baumval.SJ.Order.pdf

Heffez, et al. v. L & G General Construction, Inc., et al, 56 A.D.3d 526 (2d Dept. 2008)

November 12, 2008

Successfully represented defendant-respondents in appeal brought by plaintiff-appellant. Appellate Division, Second Department affirmed trial court's dismissal of the action in its entirety against the individual owners of the general contractor and dismissal of negligence and fraud claims against the general contractor.

L&G.Heffez.Appeal.Decision.pdf

Heffez, et al. v. L & G General Construction, Inc., et al. (Sup Ct. Kings Co. Index No. 16765/2007)

December 17, 2007

Representing the defendant general contractor, as well as the individual owners of the general contractor in an action by plaintiff homeowners for breach of contract, obtained order dismissing the action in its entirety against the individual owners of the general contractor, and obtained dismissal of negligence and fraud claims against general contractor.

L&G.Heffez.Dismiss.Order.pdf

L & G General Construction, Inc. v. IF Construction, Inc. (NY Sup. Ct. Kings Co. Index No. 33915/2006)

March 2, 2007

Representing general contractor, obtained an order vacating a mechanic's lien filed by a subcontractor.

L&G.IF.Vacate.Lien.Order.pdf

Phokus Group, Inc. v. Calcon, Inc., et al. (NY Sup. Ct. Kings Co. Index No. 43532/2003)

April 20, 2005

Representing subcontractor in a breach of contract action against general contractor and owner, obtained an order compelling defendant to comply with a stipulation of settlement, and an order imposing sanctions against defendant's attorney.

Phokus.Calcon.Sanctions.Order.pdf