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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

MOCO GENERAL CONSTRUCTION CORP v. PETER ONITIRI

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
10103287 Search Pacer
ACE Group party(s): 
Opposing Party: 
Moco General Construction Corp.
Court Type: 
State
State Court: 
New York.Supreme Court (New York)
Date Filed: 
Mar 10 2012

"AS AND FOR A FIRST CAUSE OF ACTION AS AGAINST DEFENDANT PETER ONITIRI d/b/a OPTA CONTRACTING & GENERAL BUILDERS

12. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs “1” through “1 1” above as if set forth fully at length herein.

13. Plaintiff perfomed the work and provided materials pursuant to the OPTA Agreement, such work having a total value of $62,612.00.

14. OPTA has failed to issue payments due to Plaintiff for labor and materials pursuant to the OPTA Agreement, except for $25,264.22, leaving a balance due to Plaintiff of $37,347.78.

15. Despite demand therefor, OPTA has refused and failed to make payment to Plaintiff for the balance of the sums due to Plaintiff from OPTA pursuant to the OPTA Agreement in the amount of $37,347.78.

 16.

17. By reason of the foregoing, OPTA has breached the OPTA Agreement. There is due and owing to Plaintiff from OPTA the sum of $37,347.78 plus interest, no part of which has been paid although duly demanded.

AS AND FOR A FIRST CAUSE OF ACTION AS AGAINST DEFENDANT WESTCHESTER FIRE INSURANCE COMPANY

18. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs “1 ” through “17” above as if set forth fully at length herein.

19. On or about November 10, 2009, Plaintiff filed a Notice Under Mechanics’ Lien Law for Account of Public Improvements in the sum of $37,347.78 with the D.D.C. and NYC Department of Finance (hereinafter referred to as the “Mechanics’ Lien”). Annexed hereto and made a part hereof is a true and correct copy the Mechanics ’Lien referred to herein at Exhibit ‘A’.

20. Plaintiff has served a copy of the Mechanics’ Lien upon OPTA and R.S.N. and in all other respects has complied with the New York State Lien Law.

21. Upon information and belief, on or about February 3, 2010, Westchester on behalf of R.S.N, issued a bond to discharge the Mechanics’ Lien to the D.D.C./NYC Department of Finance in the sum of $41,082.56 (the “Bond”).

22. Plaintiff seeks judgment against Westchester pursuant to the Bond in the amount of $41,082.56 plus interest.

WHEREFORE, Plaintiff Moco General Construction Corp. respectfully demands judgment as follows:
(i) On the First Cause of Action As Against Peter Onitiri d/b/a OPTA Contracting & General Builders, judgment against Defendant OPTA Contracting & General Builders in the amount of $3 7,347.78, plus interest;

(ii) On the First Cause of Action As Against Westchester Fire Insurance Company, judgment against Defendant Westchester Fire Insurance Company in the amount of $37,347.78, plus interest;

(iii) That the that the Court adjust and determine the equities of all the parties to this action;

(iv) That Plaintiff have such other and further relief, or both, as shall be just, equitable and proper."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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