Adam Leitman Bailey P.C. represents a Coop corporation in Queens, New York. When a new Board was elected it conducted an investigation of the books and records maintained by the prior managing agent. The Board questioned the exterminating service which had billed the Corporation over $2 million over a number of years for termite and other exterminating services. When the exterminating service failed to provide any detailed information as to the exterminating services alleged to have been performed, the Board refused to pay the last few invoices issued by the exterminating company and the exterminating company sued.

Throughout the course of discovery, the exterminating company was unable to produce a contract or other writing documenting an agreement to pay a flat fee of $25,000 per month for regular exterminating services, or any writing by which the Corporation agreed to pay for additional exterminating services, or any evidence that any of the exterminating services for which it billed the Corporation were performed.

The Corporation moved for summary judgment dismissing the complaint. The Corporation’s motion was granted where the exterminating company failed to provide any opposition to rebut the Corporation’s defenses.

Warriors Pest Management, LLC v. Parkway Village Equities Corp., Supreme Court, County of Queens, Index No. 706698/2022

Bonnie Reid Berkow, a partner at Adam Leitman Bailey P.C. in the Coop/Condo Litigation Group represented the Condominium in this matter.