Decisions And Orders

Decisions And Orders Obtained By The Law Offices Of Ronald Francis

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

BD5P LLC v. Popalisky and Svirchev
(NY Sup. Ct. Kings Co. Index No. 525289/2022)

February 21, 2023

Representing respondent homeowner, obtained dismissal of Special Proceeding for an access license sought by developer neighbor pursuant to Section 881 of the Real Property Actions and Proceedings Law (RPAPL).

Decision and Order BD5P LLC v. Popalisky and Svirchev


Rommel Robles v. 552-562 United Housing Development Fund Corp., et al.
(NY Sup Ct. Bronx Co. Index No. 305124/2014E)

October 6, 2022

Representing third-party defendant defeated cross-motion for summary judgment for contractual and common law indemnification in Labor Law case.

Decision and Order Rommel Robles v. 552-562 United Housing Development Fund Corp., et al.


1226 Decatur LLC v. Decatur Gold, LLC
(NY Sup. Ct. Kings Co. Index No. 530919/2021)

May 5, 2022

Representing developer, obtained access license pursuant to Section 881 of the Real Property Actions and Proceedings Law (RPAPL) from respondent homeowner neighbor who refused access.

Decision and Order Decatur LLC v. Decatur Gold, LLC


651923 18 Ave LLC v. Lee
(NY Sup. Ct. Kings Co. Index No. 517855/2021)

January 11, 2022

Representing respondent homeowner, obtained dismissal of Special Proceeding for an access license sought by developer neighbor pursuant to Section 881 of the Real Property Actions and Proceedings Law (RPAPL).

Decision and Order 651923 18 Ave LLC v. Lee


Leader Electric Co., Inc. v. Integrity Contracting, Inc., et al.
(NY Sup. Index No. 651354/2018)

August 12, 2021

Representing plaintiff electrical subcontractor against general contractor, obtained six figure damages award after extensive inquest on damages.

Decision after Inquest Leader v. Integrity


Shorehaven Homeowners Association, Inc. v. Jonasvar Incorporated
(American Arbitration Association Case No. 01-20-0000-1515)

August 3, 2021

Representing claimant homeowners’ association against former managing agent, obtained award against managing agent for breach of contract, and dismissal of managing agent’s counterclaims.


Wonder Works Construction Corp. v. Bridgeton Amirian 13TH Street, LLC, et al.
(NY Sup. Ct. Index No. 654926/2019)

July 29, 2021

Representing plaintiff general contractor against owner and its principal for breach of contract and diversion of New York State Lien Law trust funds, obtained decision denying defendants’ motion to dismiss and to compel discovery.

Decision and Order Wonder Works v. Bridgeton Amirian


Nathalie Chemouny, Gary Suid, and Alexia Parperi v. Dordevic ADC Inc.
(NY Supreme Court, NY Co. Index No. 161598/2018)

October 9, 2019 – Decision and Order by Hon. Debra A. James

Representing Respondent Contractor/Architect defending a Petition by Owners of a Co-op apartment seeking vacatur of the mechanic’s lien, obtained a dismissal of the Petition.

Dordevic Decision and Order Dismissing Petition


Advanced Water Technologies Inc. v. Amiad U.S.A., Inc.
(S.D.N.Y. Case No. 18-CV-5473 (VSB))

September 30, 2019 – Opinion and Order by Vernon S. Broderick, United States District Judge

Representing Plaintiff in breach of contract action, obtained denial of Defendant’s motion to dismiss complaint for failure to state a claim.

Advanced Water Opinion and Order Denying Motion to Dismiss


Uma Thurman v. Panorama Windows, Ltd.
(American Arbitration Association Case No. 01-19-0000-2363)

July 11, 2019

Representing owner of Co-op apartment in Manhattan , obtained six figure arbitration award against window company that furnished and installed defective windows.


Rescue Cleaning Corp. v. Kapildeo Bahadur
(Sup. Ct. Bronx Co. Index No. 22874/2019E)

July 22, 2019

Representing owner of two-family house, obtained Order dismissing complaint by contractor to foreclose mechanic’s lien.

Rescue Cleaning Decision and Order Dismissing Action


Pink Shirt Construction, Inc. v. Mr. White, LLC, et al.
(Appellate Division, 2d Dept.)

March 21, 2019

Representing Defendant/Respondent on an appeal to reverse an Order and Judgment vacating and cancelling a mechanic’s lien filed a by general contractor pursuant to Section 59 of the NY Lien Law, obtained a dismissal of the appeal.

Pink Shirt Construction, Inc. v. Mr. White, LLC – Appeal Decision


Clement Henry v. Prishtina Construction Designs, Inc.
(S.D.N.Y. Case No. 17-CV-5041)

November 20, 2018

Representing defendant general contractor, obtained dismissal of labor law case brought for overtime wages pursuant to the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL).

Prishtina Judgment Dismissing Case


Stellar Hardware Inc., d/b/a Stellar Hardware & Bath v. Lior Golan and Prestige Custom Building & Construction, Inc.
(NY Sup. Ct. Kings Co. Index No. 517544/2016)

September 24, 2018

Representing plaintiff material supplier, obtained summary judgment against general contractor and its owner personally for plumbing materials and supplies provided to defendants for use on several construction projects.

Stellar Hardware v Prestige Judgment


Ameri Restoration Inc. v. Golda Matthews, et al.,
(Sup. Ct. NY Co. Index No. 150178/2015)

March 16, 2018

Representing owner of multiple family house, obtained Order vacating, canceling and discharging mechanic’s lien, and dismissing claim by general contractor to foreclose mechanic’s lien.

Matthews Vacate Lien Order


Pink Shirt Construction, Inc. v. Mr. White, LLC,
(Sup. Ct. Westchester Co. Index No. 59290/2017)

November 2, 2017

Representing leasehold owner of developing restaurant, obtained Decision and Order dismissing general contractor’s causes of action for breach of contract, tortious interference with contract, and unjust enrichment/quantum meruit.

Pink Shirt Construction, Inc. v. Mr. White, LLC – Decision and order


Mr. White, L.L.C. v. Pink Shirt Construction, Inc.,
(Sup. Ct. NY Co. Index No. 155915/2017)

September 28, 2017

Representing leasehold owner of developing restaurant, expeditiously obtained in special proceeding pursuant to Section 59 of the NY Lien Law an Order and Judgment vacating and cancelling mechanic’s lien filed by general contractor.

Mr White Judgment Order Vacate Lien


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


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


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


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


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


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


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


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


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


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


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


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


Healy and Tufino-Cantero v. 16thStreet 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

16th.Healy.Interim.SJ.Order


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


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


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


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


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