The Law Offices of Frederick K. Brewington is a well-respected litigation firm; with an office in Hempstead, Long Island. Our focus is primarily in the area of civil rights, voting rights, employment discrimination, police misconduct, personal injury, medical malpractice, wrongful death and criminal law. However, the Law Offices of Frederick K. Brewington is a full service law firm handling matters in numerous areas of law and providing a wide range of services from contract formation to litigation and trial practice.
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Branch Services, Inc. v. Mary Ann Cooper, App. Division Second Department, 2011-08589
Branch Services, Inc. v. Mary Ann Cooper involved Defendant Mary Ann Cooper, a home owner who had a fire in her Harlem kitchen and was then charged for work which she did not contract for. During the weeks following the incident, employees from the plaintiff, Branch Services, Inc., performed a clean-up job at the defendant’s home. The company was hired to clean up Ms. Cooper’s home by her insurance company. A few months after the clean-up, the plaintiff sent Ms. Cooper an invoice in which she was charged an exorbitant amount totaling over $20,000. This led the defendant to request more information, such as itemized copies of the bill, the job description, and the contract authorizing the plaintiff’s work. The defendant informed Branch Services, Inc. that she would not pay the amount that she was charged as it was unwarranted, and filed a complaint against the company with the New York State Attorney General’s Bureau of Consumer Frauds and Protection and the New York State Insurance Department. Branch Services sued Ms. Cooper and moved for summary judgment (a judgment during civil litigation that is ordered based on the facts of a case without holding a trial), which the Suffolk County Supreme Court granted. Frederick K. Brewington, Esq. and Precilla Lockett, J.D. of The Law Offices of Frederick K. Brewington appealed this decision on Ms. Cooper’s behalf. In a Decision and Order dated January 9, 2013, the Appellate Division, Second Department reversed the summary judgment decision and granted partial summary judgment to Ms. Cooper. The case was also remanded to the lower court for completion of discovery and trial on any of the remaining claims and counter-claims, which included Ms. Cooper’s countersuit for fraud and misrepresentation. |