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Commercial Contractor Dispute Cases -- Winter 2013-14 Settlements of Interest

Adria Tile Inc. v. Three Park Avenue Building Co. LP.
(Supreme Court of New York, New York County)

Adria Tile Inc. (“Plaintiff”) filed suit against Defendant Three Park Avenue Building (“Defendant”) for $90,000.  Plaintiff had been contracted to renovate various restrooms of Defendant’s building.  The contract price of the renovations was $110,000.  Three Park Avenue paid Adria Tile $20,000 for its partial work but ultimately replaced Adria Tile with a different contractor who finished the job in a timely manner.  In its complaint, Adria Tile alleged that it had completed the renovations and that it was owed the remaining amount of the contract price.  In 2012 the Court entered Default Judgment against Defendant.  However, Defendant, represented by Itkowitz PLLC, moved for and was granted vacatur of the Default.  Two years later, on January 8, 2014, Itkowitz PLLC successfully settled the case on favorable terms for the defendant.


Janbar, Inc. v. 805 Third New York LLC
(Supreme Court of New York, New York County)

Plaintiff, a sub- contractor, filed suit against commercial landlord to recover under a Mechanic’s Lien for work allegedly farmed out to them on a construction project.  Defendant, represented by Itkowitz, claimed to have paid the General Contractor for all the agreed upon work and obtained a release from the General Contractor to that effect.  After over two years of ongoing litigation, Itkowitz PLLC successfully settled the case in January, for a sum substantially less than the damages claimed in Plaintiff’s complaint.

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