Vincent Thomas Pallaci’s Answers

Vincent Thomas Pallaci

Huntington Station Construction / Development Lawyer.

Contributor Level 13
  1. How do I take a contractor to small claims to collect $4,000.00, other monies for work not finished, and storage fees ? Thanks.

    Answered over 2 years ago.

    1. Vincent Thomas Pallaci
    2. Robert A. Stumpf
    3. Eric Edward Rothstein
    4. Harry N. Konst
    4 lawyer answers

    You must bring the action, at the latest, within 6 years of the breach so you need to rush to court. You go down to the small claims court pay the fee and fill out the paperwork. They will give you directions about serving the complaint. You cannot sell his tools at this point. The tools are not yours and selling them would be illegal. Once (if) you obtain a judgment, you can then seek to enforce the judgment against the tools and have the tools sold by the sheriff and the proceeds...

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  2. Member ship in an LLC, when is it determined and how can you remove a member?

    Answered over 5 years ago.

    1. Vincent Thomas Pallaci
    2. Jeremy Smith
    3. Mark L Rosenberg
    3 lawyer answers

    Membership in an LLC in the State of New York is a dangerous risk without an operating agreement. You seem to indicate that you do not yet have an operating agreement. Without an operating agreement, there is a very limited set of circumstances in which a member can withdraw from the LLC. You should speak to a local attorney to discuss the specifics of your situation to determine whether you are a member at this point and, if so, whether you meet the requirements for being able to withdraw....

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  3. Contractor threatens to not complete renovation if I don't pay him more money than agreed upon in our contract

    Answered about 1 year ago.

    1. Jeffrey Kevin Davis
    2. Jeffrey Bruce Gold
    3. Vincent Thomas Pallaci
    3 lawyer answers

    You need to speak to an attorney familiar with residential construction in NYC. NYC is very particular about the rules for what must be in a contract on a home improvement contract such as this. One of the provisions is a detailed scope of work and a section dealing with change orders. Nobody can answer your question without reviewing your contract and discussing the specific details with you, including the risk and reward of litigating.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I built a house in 2010, the builder didn't pay all of the subs and two put mechanics liens on my house.

    Answered over 1 year ago.

    1. James K. Lyder
    2. Vincent Thomas Pallaci
    3. Thomas Richelo
    3 lawyer answers

    If a lis pendens is filed while the lien is still active then it extends the mechanic's lien for the life of the lawsuit provided that the lis pendens (a/k/a Notice of Pendency) is renewed every three years until completion of the suit. If there is a lis pendens, a lawsuit was filed against you and you have to defend that lawsuit to prevent the sale of your home. If you do not have an attorney, you need to speak with one immediately.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Settlement I being asked to pay is half of the claim, $780. Should I request a trial jury to fight the claim further?

    Answered over 1 year ago.

    1. Jayson Lutzky
    2. Eric Edward Rothstein
    3. Vincent Thomas Pallaci
    3 lawyer answers

    It sounds like you received a decision from a small claims court arbitrator. If so, you can usually file for a trial de novo as of right. So you will need to make a quick decision because a trial de novo request is very time sensitive. The risk for you is having to pay an additional $700. If you are not paying an attorney, you will need to weigh the risk of whether it is worth it for you to proceed.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can my plumber perfect a mechanics lien for work not done professionally/correctly?

    Answered over 1 year ago.

    1. Guy W Bluff
    2. Vincent Thomas Pallaci
    3. R. Russell O'Rourke
    3 lawyer answers

    The lien could be filed. However, it is extremely unlikely that he does so. Filing a lien in any borough will cost a minimum of $40 even if he does it himself. Doesn't make much sense for $60. Also, to perfect he would have to for close. The possibility of him Foreclosing on a $60 lien is about as remote as possible.

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  7. We hired a roofing company to complete our roof and they didn't comply with contact, what can I do?

    Answered over 2 years ago.

    1. Vincent Thomas Pallaci
    2. Steven Zalewski
    3. James Earl Walsh
    3 lawyer answers

    There are a few things you need to look at to determine what your options are. First, look at your contract and see what your options are in the event of non-compliance. You may have to put the contractor on written notice for example. Second, find out if the 3 foot ice shield vs. the 6 foot ice shield makes a substantive difference. Assuming it does, what is the cost to remedy the problem? If the cost to remedy exceeds the value of your retained funds, assuming that your contract allows it,...

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  8. Can a Condo Board sue the DOB for approving a CO where the building has material construction defects

    Answered about 1 month ago.

    1. Vincent Thomas Pallaci
    2. Michael Treybich
    3. Robert Allen Shipley
    3 lawyer answers

    In virtually every conceivable scenario, the answer is "no", there is no claim to be made against the DOB for the condo's construction defects. There may be a claim against the sponsor/developer. A more definitive answer would require consulting with a construction attorney and an expert (engineer, architect) to confirm non-compliance and value the variation (to determine whether the claim, even if viable, is cost effective to pursue).

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  9. Roofing contract

    Answered over 1 year ago.

    1. Jayson Lutzky
    2. Andrew Endicott Schrafel
    3. Peter J Weinman
    4. Vincent Thomas Pallaci
    4 lawyer answers

    A written contract is mandatory for home improvement work such as roofing. There are a number of minimum legal requirements and a number of additional non-mandatory requirements that you should have. You must have a provision stating when the project will be complete, you must have a provision stating when payments are due, you must have a provision stating that contractors can lien if not paid, you must have a provision stating that you have 3 days to cancel, you must have a provision...

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  10. Legal Mechanic's Lien ?

    Answered over 2 years ago.

    1. Vincent Thomas Pallaci
    2. Patrick L. Evans
    2 lawyer answers

    In addition to being filed way too late, the lien also appears to be defective because the owner of the property (you) did not consent to the work or agree to be responsible for any payment. Lack of consent for the work defeats the lien. It sounds like you have a number of problems and will likely need an attorney to remove the lien as the process for lien removal in New York can be very complex.

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