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HI TECH HEATING - Fraud, Misrepresentation, Negligence and Harassment
Posted on Wednesday, October 23rd, 2013 at 4:55pm CDT by B. David M.
Product: Boiler Repair
Company: HI TECH HEATING
Category: Products, Services
HI-TECH HEATING IS BEING SUED IN NEW YORK SUPREME COURT FOR FRAUD, MISREPRESENTATION, NEGLIGENCE AND HARASSMENT
HI-TECH was hired to repair a boiler in an apartment that would not shut off the heat via the thermostat. Hi-Tech simply turned off a valve on the boiler in the apartment that shut off the heat in the apartment instead of properly repairing it and they charged the landlord a large amount of money for the repair work (The landlord was unaware what Hi-Tech did to shut-off the heat and believed HI-TECH properly reparied the boiler).
When winter came, the tenant complained to the landlord that she could not turn on the heat in the apartment via the thermostat. The landlord called HI-TECH and complained that their negligent repair work caused the boiler not to turn back on via the thermostat when needed. HI-TECH INTENTIONALLY AND KNOWINGLY concealed from the landlord that it merely turned off a valve on the boiler and the landlord merely needed to turn it back on for the purpose of fraudulently billing the landlord for additional work on the boiler. In fact, in continuing to conceal the true cause of the boiler malfunction, Steve of HI-TECH intentionally and knowingly lied to the landlord by telling the landlord quote: "Well I am sure you are aware that I do know what the issue is at the apartment since I been working in the building for the past 7 years. It absolutely has no negligence at all as a matter of fact it is an issue with the way the boiler was installed." This was an intentional fraudulent misrepresentation by Steve of HI-TECH for the purpose of fraudulently billing the landlord for additional and unnecessary work on the boiler. The new boiler repair company hired by the landlord uncovered that HI-TECH had shut off a valve on the boiler that prevented the heat from turning on in the apartment via the thermostat. Thus, this CONCLUSIVELY proved that HI-TECH previously failed to properly repair the boiler, which was intentiaonlly and knowingly concealed by Steve of HI-TECH from the landlord on October 22, 2013 for the purpose of fraudulently billing the landlord.
Tenant's Text Message to the Landlord on October 23 2013:
"Bert said the new company you hired was very good. They saw that Hi Tech had turned off the valves so no heat could go through. So they opened them up and waited for the heat to go on. Maybe that was how Hi-Tech solved the problem last year when my heat wouldn't go off, which isn't much of a solution. Anyway thanks. We now have heat."
When the landlord demanded that HI-TECH repair their negligent work to allow the boiler to turn back on or the landlord would file a legal action against HI-TECH, Steve of HI-TECH refused to perform the work and continued to conceal that only a valve needed to be turned on. Steve told the landlord that he had to pay COD for a HI-TECH employee to come out to repair the boiler. This is clear fraud, misrepresentation and negligence on the part of HI-TECH. Steve then engaged in email communications with the landlord that amounted to blackmail and constituted the criminal offense of "Aggravated Harassment" under NY Penal Code 240.30 when he falsely informed the landlord that the boilers were illegally installed and he would report the issue to the Dept. of Buildings if the landlord sued HI-TECH (Notice how Steve states in his email that he was working on the boilers for 7 years).
In the lawsuit being filed withing the New York Supreme Court agaisnt HI-TECH, a claim UPON INFORAMATION AND BELIEF is being pled that HI-TECH had engaged in repeated fraudulent repair work on the boilers within the landlords building over the years. The tenant boilers that HI-TECH had worked on would repeatedly break down within a short period of time while the landlords identical boilers in two apartments rarely needed repair work (This is an issue of fact to be proven within the Court of law under discovery).
The following email communications from Steve of HI-TECH proves he engaged in acts of fraud, misrepresentation, aggravated harassment and HI-TECH was negligent in the repair of the boiler, which are the claims being asserted against Steve and HI-TECH within the New York Supreme Court lawsuit:
To: "[email protected]"
Sent: Tuesday, October 22, 2013 1:15 PM
Subject: LEGAL NOTICE (26 Bond Street)
PLEASE TAKE NOTICE that the boiler in apartment 1R was previously failing to shut off in 2013. Your company had previously repaired the boiler in apartment 1R in 2013 where you shut the boiler down. At this time, the boiler will NOT turn on. I have requested that your company repair your negligent work. HOWEVER, the female individual who answered the phone refused to repair your negligent work unless we provided additional payment. She also made an irrelevant statement that my mother, _____, and my sister, ______, never complained about your company (My mother always complained about your company to me). Your employee also stated that I should just sue your company.
PLEASE TAKE FURTHER NOTICE that if your company fails to repair this week the negligent work performed on the boiler in apartment 1R, which has caused it not to turn on, I will be filing a civil lawsuit against your company within the New York Civil Court of New York County and demanding the reimbursement of the fees paid to my new boiler company I will now hire to repair your negligent work, costs and for attorney fees.
B. David Mehmet
From: Steve <[email protected]>
Sent: Tuesday, October 22, 2013 2:35 PM
Subject: Re: LEGAL NOTICE (26 Bond Street)
David I have no idea who you are nor do I really want to. If that's the route you feel you need to take then so be it and the counter for my lawyers fees and my time wasted by you having absolutely no idea what you are talking about. Since you are a new customer yes Cod is required if we decide to take you on as a new customer. And based on your email to me I would much rather you go to another company.
From: "[email protected]"
Sent: Tuesday, October 22, 2013 2:59 PM
Subject: Re: LEGAL NOTICE (26 Bond Street)
Well I am sure you are aware that I do know what the issue is at the apartment since I been working in the building for the past 7 years. It absolutely has no negligence at all as a matter of fact it is an issue with the way the boiler was installed. So I do know what the problem is and the way you approached my company with your new property and that I never did work for you before. As a matter a fact I do believe that everyone of those boilers are illegally installed and since I have pics of all my jobs I may have to have the DOB boiler division testify that it is class A dangerous condition.