Case 1:11-cv-00468-BMC Document 1 Filed 01/31/11 Page 1 of 4

jpa\ciaconstructioncorp\i-c constructionconsulting\s&c
jrnc 1127111

UNITED STATES DISTRICT COURT FILED

IN CLERK'S OFF/C!;¥
EASTERN DISTRICT OF NEW YORK U.S. DISTRICT C()t!'?T F r ."n
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THE C.I.A. CONSTRUCTION GROUP CORP.,
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Plaintiff, CVC~lI~INT
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- against- JURY TRIAL REQUESTED

WESTCHESTER FIRE INSURANCE COMPANY, SUMMONS ISSUED

Defendant.

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COGAN,J.
Plaintiff, The C.I.A. Construction Group Corp. ("C.I.A."), by its attorneys, Agovino &

Asselta, LLP, as and for its complaint against defendant, avers as follows:

PARTIES AND JURISDICTION

1. C.I.A. is a domestic corporation, organized and existing under the laws of

the State of New York and maintains its principal place of business at 301 Winding Road, Old

Bethpage, New York

2. Upon information and belief, defendant, Westchester Fire Insurance

Company ("WFIC") is a foreign corporation, organized and existing under the laws ofthe

Commonwealth of Pennsylvania, with its principal place of business located at 436 Walnut

Street, Philadelphia, Pennsylvania. WFIC is authorized to issue construction surety bonds in the

State of New York.

3. This Court has jurisdiction over this action based on diversity of

citizenship pursuant to 22 U.S.C. § 1332. The amount in controversy exceeds, exclusive of costs

and interest, the sum of $75,000.00.

 Case 1:11-cv-00468-BMC Document 1 Filed 01/31/11 Page 2 of 4

FIRST CLAIM

4. Upon infonnation and belief, on or about September 8,2009, the New

York City Department of Parks and Recreation (the "Owner") and L-C Construction Consulting

Corporation ("L-C Construction Consulting"), entered into a contract, whereby L-C Construction

Consulting, as general contractor, agreed to furnish the necessary labor and materials for the

reconstruction ofField 4 and various locations at the Parade Ground Park, Borough of Brooklyn,

Contract No. B068-1 07M (the "Project").

5. Defendant, WFIC, as surety for L-C Construction ConSUlting, executed

and delivered a payment bond (the "Payment Bond") to the City of New York, wherein WFIC

bound itself to promptly pay all persons for labor and materials furnished by them in the

prosecution of work necessary for the Project.

6. On or about May 12, 2010, L-C Construction Consulting entered into an

agreement with C.I.A., wherein C.I.A., as subcontractor, agreed to supply certain labor, materials

and equipment to perfonn excavation, regrading, drainage, paving and site concrete work at the

Project (the "C.I.A. Agreement").

7. Thereafter, C.LA. fully, satisfactorily and timely perfonned its work under

the C.LA. Agreement, except as otherwise prevented or waived by L-C Construction Consulting,

and is not in default of any ofthe C.LA. Agreement's tenns.

8. In addition, L-C Construction Consulting directed C.I.A. to furnish

additional and extra work pursuant to agreed rates and prices for labor, materials and equipment

on the Project, which C.I.A. fully, satisfactorily and timely perfonned.

9. However, C.LA. has not received full payment from L-C Construction

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 Case 1:11-cv-00468-BMC Document 1 Filed 01/31/11 Page 3 of 4

Consulting for the labor, materials and equipment it provided at the Project under the c.I.A.

Agreement, including the additional and extra work L-C Construction Consulting directed and

requested C.I.A. to perform.

10. As a result, for the unpaid labor, materials and equipment c.I.A. provided

under the C.I.A. Agreement and for the additional and extra work performed by C.I.A. at the

direction and request ofL-C Construction Consulting, there is an unpaid balance, in the total

amount of $258,584.50, together with applicable interest, due and owing to C.I.A. from L-C

Construction Consulting.

11. Upon information and belief, to date, the Project remains incomplete.

12. Two years has not expired since L-C Construction Consulting ceased

work at the Project.

13. By reason of the foregoing, WFIC, as surety for L-C Construction

Consulting, is liable to c.I.A., pursuant to the Payment Bond, in the sum of $258,584.50,

together with applicable interest, and reasonable attorneys' fees pursuant to New York State

Finance Law § 13 7.

WHEREFORE, plaintiff, The C.I.A. Construction Group Corp., demands judgment

against defendant, Westchester Fire Insurance Company, as follows: (1) on its First Claim in the

amount of$258,584.50, together with applicable interest, and reasonable attorneys' fees pursuant

to New York State Finance Law §137 and (2) for such other and further relief as this Court

deems just and proper.

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 Case 1:11-cv-00468-BMC Document 1 Filed 01/31/11 Page 4 of 4

Plaintiff respectfully demands a trial by jury in this action.

Dated: Mineola, New York

January 27,2011

J~s ph P. Asselta
GOVINO & ASSELTA, LLP
Attorneys for Plaintiff,
The C.I.A. Construction Group Corp.
330 Old Country Road, Suite 201
Mineola, NY 11501
(516) 248-9880