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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------------------The United States of America for the Use of Trane US, Inc., Plaintiff -vsJHJ Enterprises, LLC, a limited liability company; and Westchester Fire Insurance Company, a corporation, Defendants. -------------------------------------------------------------------COMPLAINT COMES NOW Plaintiff, the United States of America for the Use of Trane US, Inc., for its claim and cause of action against the defendants, and each of them, and states and alleges as follows: JURISDICTION AND VENUE COMPLAINT

1.

The plaintiff, The United States of America for the use of Trane US, Inc., is a

subcontractor of defendant JHJ Enterprises, LLC (JHJ Enterprises). 2. Defendant JHJ Enterprises is the prime contractor for the United States of

America, for a construction project identified as the St. Albans Queens Hospital VA HVAC Upgrade, 179-00 Linden Blvd, Jamaica, NY 11425 (hereinafter Project). 3. 3131, et. seq. 4. Venue is proper in the Eastern District of New York pursuant to 40 U.S.C. This court has exclusive jurisdiction of this claim pursuant to 40 U.S.C. Section

Section 3133(b)(3)(B) in that the contract was to be performed and executed at the location of the Project which is located within this district.

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FACTS

5.

The United States of America, acting by the Department of Veterans Affairs, as

owner, and defendant JHJ Enterprises, as contractor, entered into a written contract for the Project, whereby JHJ Enterprises agreed to furnish all labor and material required for construction of the Project. 6. The United States of America and defendant JHJ Enterprises entered into the After execution of the prime contract, defendant JHJ

prime contract in or about 2010.

Enterprises, as principal, and defendant Westchester Fire Insurance Company (hereinafter Westchester), as surety, executed a payment bond, identified as payment bond number K08219552 (hereinafter Bond). Pursuant to the terms of the Bond, defendants JHJ Enterprises and Westchester, and each of them, bound themselves jointly and severally to all the persons supplying labor and material in the prosecution of the work provided in the prime contract for the Project. 7. The Bond was duly accepted by the United States of America and is a valid and

subsisting bond obligation. A copy of the Bond is attached hereto and incorporated herein by reference as Exhibit A. 8. Thereafter, defendant JHJ Enterprises, as prime contractor, issued its Purchase

Order dated August 20, 2010 in the amount of $366,967.50, to the Use Plaintiff. The Use Plaintiff accepted the Purchase Order. Under the terms of the Purchase Order the Use Plaintiff agreed to furnish certain heating, ventilating and air conditioning equipment including air cooled scroll chillers, air cooled packaged chillers, roof top units, climate changer air handler units, and related parts and accessories, and labor for start-up. A copy of the Purchase Order issued by defendant JHJ Enterprises is attached hereto as Exhibit B. 9. The Use Plaintiff furnished all of the equipment and start-up labor required under

its contract with defendant JHJ Enterprises. After the application of all payments, credits and offsets, the principal balance due and owing to the Use Plaintiff, and unpaid by defendant JHJ Enterprises, is $31,832.20.

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COUNT ONE - CONTRACT CLAIM AND MILLER ACT CLAIM

10.

One year has not elapsed from the last date the Use Plaintiff furnished its labor Although the Use Plaintiff has made demand on the

and/or equipment for the Project.

defendants, and each of them, for payment, the defendants, and each of them, have failed, refused, and neglected to pay Plaintiff. 11. The defendants, and each of them, are jointly and severally liable to the Use

Plaintiff, under the Contract and under the Bond, in the amount of $31,832.20, plus interest, costs and disbursements.

WHEREFORE, the Use Plaintiff demands judgment against the defendants, and each of them, in the amount of $31,832.20, together with interest, costs and disbursements, and such other and further relief as the Court may deem just and equitable.

DATED: May 2, 2013

BORGES & ASSOCIATES, LLC By: s/ Wanda Borges_________ Wanda Borges (wb4904) ATTORNEYS FOR USE PLAINTIFF TRANE US, INC. 575 UNDERHILL BLVD. SYOSSET, NEW YORK 11791 516-677-8200 x225 516-677-0806 (facsimile) wborges@borgeslawllc.com

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EXHIBIT A

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EXHIBIT B

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