New York Verdicts

Plaintiff(s):

Andrew Naclerio

Plaintiff Attorney(s):

Michael H. Joseph;
Law Offices of Michael H. Joseph, PLLC;
White Plains,
NY,
for
Andrew Naclerio

Defendant(s):

Susan Barker, 

Action Remodeling Solutions Inc.

Defense Attorney(s):

Anthony J. Mamo, Jr.;
Law Offices of Anthony J. Mamo, Jr., P.C.;
Sleepy Hollow,
NY,
for
Susan Barker, Action Remodeling Solutions Inc.

During a period that spanned March 2010 and June 2011, plaintiff Andrew Naclerio, an estimator, was denied payment for work that he performed for a West Nyack-based contractor, Action Remodeling Solutions Inc. The business’s owner, Susan Barker, then Naclerio’s girlfriend, had agreed that Naclerio would receive 50 percent of the company’s profits in exchange for any work that he performed. In June 2011, Naclerio was given two company-issued checks, ostensibly as compensation for work that had been performed. The checks bounced. Barker claimed that Naclerio had been instructed not to deposit the checks until supporting funds could be deposited in the account against which the checks were written. Naclerio was arrested and accused of grand larceny. He was ultimately acquitted. Naclerio sued Barker and Action Remodeling Solutions. Naclerio alleged that Barker and Action Remodeling Solutions breached an oral compensation agreement. He further alleged that Barker’s actions constituted unjust enrichment. Naclerio claimed that Barker withheld payment for his work on the false grounds that Action Remodeling Solutions was not profitable. He further claimed that Barker was contemporaneously withdrawing cash from the company’s bank account to pay personal expenses, such as her mortgage and a Las Vegas vacation. Plaintiff’s counsel contended that the company’s tax filings indicated that the company was profitable during the relevant period. Naclerio also claimed that, upon his cashing of the checks that were issued in June 2011, Barker immediately emptied the corresponding checking account, to ensure that the checks would bounce. He claimed that Barker falsely told investigators that she had warned that the checks were not to be cashed until the supporting funds could be obtained. He contended that her actions were intended to force him out of the company. Defense counsel challenged Naclerio’s credibility. He claimed that Naclerio collected unemployment benefits while working for Action Remodeling Solutions. Barker maintained that Action Remodeling Solutions was not profitable during the relevant period, and she denied having used company funds for personal business. She claimed that any cash withdrawals were used for payroll expenses, though plaintiff’s counsel presented evidence that indicated that payroll expenses were paid via checks.

Naclerio claimed that he was not compensated for work performed during a period that spanned March 2010 and June 2011. He sought recovery of lost earnings.

The jury found that Barker breached an oral agreement regarding compensation for Naclerio’s work. The jury determined that damages totaled $64,296.56.

Judge:

Margaret Garvey

Demand:

$20,000

Offer:

$10,000

Trial Length:

4
 days

Trial Deliberations:

1
 days

Jury Vote:

6-0

Jury Composition:

3 male/ 3 female

This report is based on information that was provided by plaintiff’s counsel. Additional information was gleaned from court documents. Defense counsel declined to contribute.