Access Plumbing Corp., on behalf of itself and on behalf of all persons entitled to share in the trust funds received by the defendants pursuant to Lien Law Article 3-A in connection with the construction at 1180-84 Brighton Beach Avenue, Brooklyn, New York, v. 1184 Brighton DevelopmenT, LLC, DYA Construction Inc., Capital One, N.A., Igor Fleyshmakher, and Platte River Insurance Company, (2011 NY Slip Op 50599[U], 31 Misc 3d 1212[A], [Sup Ct., Kings Cty, 2011])
In this case, we represented the Plaintiff plumbing subcontractor who provided services on a project and was not paid. The Defendants were the building owner, the general contractor, the construction lender, the principal of both the building owner and the general contractor, and the surety company which provided a bond to discharge the mechanic’s liens.
Our client asserted claims for breach of contract against the general contractor, foreclosure of mechanic’s lien against the building owner (now against the surety), and Lien Law Art. 3A trust fund conversion claims against the owner, the construction lender, and the principal of the owner.
We made a motion to certify the Plaintiff’s trust fund conversion claim as a class action.
The Supreme Court, Kings County granted our motion and this matter proceeded as a class action to and settled on the second day of trial.
You can read the order certifying the class here.