City of New York v Big John's Roofing LLC 2024 NY Slip Op 33456(U) October 1, 2024 Supreme Court, New York County Docket Number: Index No. 451094/2024 Judge: Lyle E. Frank Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. FILED: NEW YORK COUNTY CLERK 10/01/2024 04:47 PM INDEX NO. 451094/2024 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 10/01/2024
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. LYLE E. FRANK PART 11M Justice ---------------------------------------------------------------------------------X INDEX NO. 451094/2024 THE CITY OF NEW YORK, VILDA VERA MAYUGA, AS COMMISSIONER OF THE NEW YORK CITY MOTION DATE 09/04/2024 DEPARTMENT OF CONSUMER AND WORKER PROTECTION MOTION SEQ. NO. 002
Plaintiff,
-v- DECISION + ORDER ON BIG JOHN'S ROOFING LLC,JOHN KOT, MOTION
Defendant. ---------------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 002) 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 were read on this motion to/for CONTEMPT .
Upon the foregoing documents, the motion is granted without opposition. It is therefore
ORDERED that with respect to Plaintiffs’ motion for an order adjudging Defendants
JOHN KOT and BIG JOHN’S ROOFING LLC in civil contempt for failure to comply with this
Court’s Order dated June 10, 2024, is granted; and it is further
ORDERED and ADJUDGED that Defendants JOHN KOT and BIG JOHN’S ROOFING
LLC are each found in civil contempt pursuant to Judiciary Law § 751(A), as their conduct did
defeat, impair, impede or prejudice the rights of the Plaintiffs; and it is further
ORDERED and ADJUDGED that, pursuant to Judiciary Law § 773, Defendants JOHN
KOT and BIG JOHN’s ROOFING LLC, last known address 247 Willow Avenue, Garwood, NJ
07027, each shall pay a fine in the amount of $250, payable to Plaintiff THE NEW YORK CITY
DEPARTMENT OF CONSUMER AND WORKER PROTECTION, located at 42 Broadway,
New York, NY 10004; and it is further
451094/2024 THE CITY OF NEW YORK ET AL vs. BIG JOHN'S ROOFING LLC ET AL Page 1 of 5 Motion No. 002
1 of 5 [* 1] FILED: NEW YORK COUNTY CLERK 10/01/2024 04:47 PM INDEX NO. 451094/2024 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 10/01/2024
ORDERED that with respect to Plaintiffs’ FIRST CAUSE OF ACTION, pursuant to
New York City Administrative Code §§ 20-387(a) and 20-106(d), Defendants JOHN KOT and
BIG JOHN’s ROOFING LLC, their agents, employees, and/or representatives, are permanently
enjoined from causing, consenting to, allowing, or aiding in anyway, the operation of unlicensed
home improvement contractor activity in violation of New York City; and it is further
ORDERED that with respect to Plaintiffs’ FIRST CAUSE OF ACTION, pursuant to
New York City Administrative Code §§ 20-387(a) and 20-106(d), Defendants JOHN KOT and
BIG JOHN’s ROOFING LLC, their agents, employees, representatives, and/or all persons or
domain name registrars in concert or participation with any Defendant having notice of this
Order, are permanently enjoined from causing, consenting to, allowing, or aiding in anyway, the
operation of unlicensed home improvement contractor activity, through the maintenance and use
of the domain names “www.bigjohns-roofing.com/” and “www.big-john-roofing.com/”; and it is
further
ORDERED and ADJUDGED that with respect to Plaintiffs’ FIRST CAUSE OF ACTION, and
pursuant to New York City Administrative Code § 20-387(a) and Title 6 of the Rules of the City
of New York § 6-29, Plaintiffs THE CITY OF NEW YORK and VILDA VERA 4 MAYUGA,
AS COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF CONSUMER AND
WORKER PROTECTION, located at 42 Broadway, New York, NY 10004, shall have a
judgment against Defendants JOHN KOT and BIG JOHN’s ROOFING LLC, last known address
247 Willow Avenue, Garwood, NJ 07027, in the amount of $1,000 plus $55,200 in daily
penalties, for Defendants’ 552 violations of engaging in unlicensed home improvement
contractor activity, accruing from March 30, 2023, through October 1, 2024; and it is further
451094/2024 THE CITY OF NEW YORK ET AL vs. BIG JOHN'S ROOFING LLC ET AL Page 2 of 5 Motion No. 002
2 of 5 [* 2] FILED: NEW YORK COUNTY CLERK 10/01/2024 04:47 PM INDEX NO. 451094/2024 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 10/01/2024
ORDERED that with respect to Plaintiffs’ SECOND AND THIRD CAUSE OF
ACTION, Defendants JOHN KOT and BIG JOHN’s ROOFING LLC, their agents, employees,
and/or representatives, are permanently enjoined from deceiving consumers as to Defendants’
ability to legally operate a home improvement business in New York City and as to Defendants’
true identity in violation of New York City Administrative Code § 20-700; and it is further
ORDERED that with respect to Plaintiffs’ SECOND AND THIRD CAUSE OF
ACTION, Defendants JOHN KOT and BIG JOHN’s ROOFING LLC, their agents, employees,
representatives, and/or all persons or domain name registrars in concert or participation with any
Defendant having notice of this Order, are permanently enjoined from deceiving consumers as to
Defendants’ ability to legally operate a home improvement business in New York City and as to
Defendants’ true identity through the maintenance and use of the domain names
“www.bigjohns roofing.com/” and “www.big-john-roofing.com/”, in violation of New York
City Administrative Code § 20-700; and it is further
ORDERED and ADJUDGED that with respect to Plaintiffs’ SECOND CAUSE OF
ACTION, and pursuant to New York City Administrative Code §§ 20-700 and 20-703(a)-(d),
Plaintiffs THE CITY OF NEW YORK and VILDA VERA MAYUGA, AS COMMISSIONER
OF THE NEW YORK CITY DEPARTMENT OF CONSUMER AND WORKER
PROTECTION, 5 located at 42 Broadway, New York, NY 10004, shall have a judgment against
Defendants JOHN KOT and BIG JOHN’s ROOFING LLC, last known address 247 Willow
Avenue, Garwood, NJ 07027, in the amount of $63,000, for Defendants’ 18 knowing violations
of engaging in deceptive trade practices as to licensure status; and it is further
ORDERED and ADJUDGED that with respect to Plaintiffs’ THIRD CAUSE OF
ACTION, and pursuant to New York City Administrative Code §§ 20-700 and 20-703(a)-(d),
451094/2024 THE CITY OF NEW YORK ET AL vs. BIG JOHN'S ROOFING LLC ET AL Page 3 of 5 Motion No. 002
3 of 5 [* 3] FILED: NEW YORK COUNTY CLERK 10/01/2024 04:47 PM INDEX NO. 451094/2024 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 10/01/2024
Plaintiffs THE CITY OF NEW YORK and VILDA VERA MAYUGA, AS COMMISSIONER
PROTECTION, located at 42 Broadway, New York, NY 10004, shall have a judgment against
Defendants JOHN KOT and BIG JOHN’s ROOFING LLC, last known address 247 Willow
Avenue, Garwood, NJ 07027, in the amount of $63,000, for Defendants’ 18 knowing violations
of engaging in deceptive trade practices as to Defendants’ true identities; and it is further
ORDERED and ADJUDGED that with respect to Plaintiffs’ FOURTH CAUSE OF
ACTION, and pursuant to New York City Administrative Code §§ 20-700 and 20-703(a)-(d),
Plaintiffs THE CITY OF NEW YORK and VILDA VERA MAYUGA, AS COMMISSIONER
PROTECTION, located at 42 Broadway, New York, NY 10004, shall have a judgment against
Defendants JOHN KOT and BIG JOHN’s ROOFING LLC, last known address 247 Willow
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City of New York v Big John's Roofing LLC 2024 NY Slip Op 33456(U) October 1, 2024 Supreme Court, New York County Docket Number: Index No. 451094/2024 Judge: Lyle E. Frank Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. FILED: NEW YORK COUNTY CLERK 10/01/2024 04:47 PM INDEX NO. 451094/2024 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 10/01/2024
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. LYLE E. FRANK PART 11M Justice ---------------------------------------------------------------------------------X INDEX NO. 451094/2024 THE CITY OF NEW YORK, VILDA VERA MAYUGA, AS COMMISSIONER OF THE NEW YORK CITY MOTION DATE 09/04/2024 DEPARTMENT OF CONSUMER AND WORKER PROTECTION MOTION SEQ. NO. 002
Plaintiff,
-v- DECISION + ORDER ON BIG JOHN'S ROOFING LLC,JOHN KOT, MOTION
Defendant. ---------------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 002) 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 were read on this motion to/for CONTEMPT .
Upon the foregoing documents, the motion is granted without opposition. It is therefore
ORDERED that with respect to Plaintiffs’ motion for an order adjudging Defendants
JOHN KOT and BIG JOHN’S ROOFING LLC in civil contempt for failure to comply with this
Court’s Order dated June 10, 2024, is granted; and it is further
ORDERED and ADJUDGED that Defendants JOHN KOT and BIG JOHN’S ROOFING
LLC are each found in civil contempt pursuant to Judiciary Law § 751(A), as their conduct did
defeat, impair, impede or prejudice the rights of the Plaintiffs; and it is further
ORDERED and ADJUDGED that, pursuant to Judiciary Law § 773, Defendants JOHN
KOT and BIG JOHN’s ROOFING LLC, last known address 247 Willow Avenue, Garwood, NJ
07027, each shall pay a fine in the amount of $250, payable to Plaintiff THE NEW YORK CITY
DEPARTMENT OF CONSUMER AND WORKER PROTECTION, located at 42 Broadway,
New York, NY 10004; and it is further
451094/2024 THE CITY OF NEW YORK ET AL vs. BIG JOHN'S ROOFING LLC ET AL Page 1 of 5 Motion No. 002
1 of 5 [* 1] FILED: NEW YORK COUNTY CLERK 10/01/2024 04:47 PM INDEX NO. 451094/2024 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 10/01/2024
ORDERED that with respect to Plaintiffs’ FIRST CAUSE OF ACTION, pursuant to
New York City Administrative Code §§ 20-387(a) and 20-106(d), Defendants JOHN KOT and
BIG JOHN’s ROOFING LLC, their agents, employees, and/or representatives, are permanently
enjoined from causing, consenting to, allowing, or aiding in anyway, the operation of unlicensed
home improvement contractor activity in violation of New York City; and it is further
ORDERED that with respect to Plaintiffs’ FIRST CAUSE OF ACTION, pursuant to
New York City Administrative Code §§ 20-387(a) and 20-106(d), Defendants JOHN KOT and
BIG JOHN’s ROOFING LLC, their agents, employees, representatives, and/or all persons or
domain name registrars in concert or participation with any Defendant having notice of this
Order, are permanently enjoined from causing, consenting to, allowing, or aiding in anyway, the
operation of unlicensed home improvement contractor activity, through the maintenance and use
of the domain names “www.bigjohns-roofing.com/” and “www.big-john-roofing.com/”; and it is
further
ORDERED and ADJUDGED that with respect to Plaintiffs’ FIRST CAUSE OF ACTION, and
pursuant to New York City Administrative Code § 20-387(a) and Title 6 of the Rules of the City
of New York § 6-29, Plaintiffs THE CITY OF NEW YORK and VILDA VERA 4 MAYUGA,
AS COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF CONSUMER AND
WORKER PROTECTION, located at 42 Broadway, New York, NY 10004, shall have a
judgment against Defendants JOHN KOT and BIG JOHN’s ROOFING LLC, last known address
247 Willow Avenue, Garwood, NJ 07027, in the amount of $1,000 plus $55,200 in daily
penalties, for Defendants’ 552 violations of engaging in unlicensed home improvement
contractor activity, accruing from March 30, 2023, through October 1, 2024; and it is further
451094/2024 THE CITY OF NEW YORK ET AL vs. BIG JOHN'S ROOFING LLC ET AL Page 2 of 5 Motion No. 002
2 of 5 [* 2] FILED: NEW YORK COUNTY CLERK 10/01/2024 04:47 PM INDEX NO. 451094/2024 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 10/01/2024
ORDERED that with respect to Plaintiffs’ SECOND AND THIRD CAUSE OF
ACTION, Defendants JOHN KOT and BIG JOHN’s ROOFING LLC, their agents, employees,
and/or representatives, are permanently enjoined from deceiving consumers as to Defendants’
ability to legally operate a home improvement business in New York City and as to Defendants’
true identity in violation of New York City Administrative Code § 20-700; and it is further
ORDERED that with respect to Plaintiffs’ SECOND AND THIRD CAUSE OF
ACTION, Defendants JOHN KOT and BIG JOHN’s ROOFING LLC, their agents, employees,
representatives, and/or all persons or domain name registrars in concert or participation with any
Defendant having notice of this Order, are permanently enjoined from deceiving consumers as to
Defendants’ ability to legally operate a home improvement business in New York City and as to
Defendants’ true identity through the maintenance and use of the domain names
“www.bigjohns roofing.com/” and “www.big-john-roofing.com/”, in violation of New York
City Administrative Code § 20-700; and it is further
ORDERED and ADJUDGED that with respect to Plaintiffs’ SECOND CAUSE OF
ACTION, and pursuant to New York City Administrative Code §§ 20-700 and 20-703(a)-(d),
Plaintiffs THE CITY OF NEW YORK and VILDA VERA MAYUGA, AS COMMISSIONER
OF THE NEW YORK CITY DEPARTMENT OF CONSUMER AND WORKER
PROTECTION, 5 located at 42 Broadway, New York, NY 10004, shall have a judgment against
Defendants JOHN KOT and BIG JOHN’s ROOFING LLC, last known address 247 Willow
Avenue, Garwood, NJ 07027, in the amount of $63,000, for Defendants’ 18 knowing violations
of engaging in deceptive trade practices as to licensure status; and it is further
ORDERED and ADJUDGED that with respect to Plaintiffs’ THIRD CAUSE OF
ACTION, and pursuant to New York City Administrative Code §§ 20-700 and 20-703(a)-(d),
451094/2024 THE CITY OF NEW YORK ET AL vs. BIG JOHN'S ROOFING LLC ET AL Page 3 of 5 Motion No. 002
3 of 5 [* 3] FILED: NEW YORK COUNTY CLERK 10/01/2024 04:47 PM INDEX NO. 451094/2024 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 10/01/2024
Plaintiffs THE CITY OF NEW YORK and VILDA VERA MAYUGA, AS COMMISSIONER
PROTECTION, located at 42 Broadway, New York, NY 10004, shall have a judgment against
Defendants JOHN KOT and BIG JOHN’s ROOFING LLC, last known address 247 Willow
Avenue, Garwood, NJ 07027, in the amount of $63,000, for Defendants’ 18 knowing violations
of engaging in deceptive trade practices as to Defendants’ true identities; and it is further
ORDERED and ADJUDGED that with respect to Plaintiffs’ FOURTH CAUSE OF
ACTION, and pursuant to New York City Administrative Code §§ 20-700 and 20-703(a)-(d),
Plaintiffs THE CITY OF NEW YORK and VILDA VERA MAYUGA, AS COMMISSIONER
PROTECTION, located at 42 Broadway, New York, NY 10004, shall have a judgment against
Defendants JOHN KOT and BIG JOHN’s ROOFING LLC, last known address 247 Willow
Avenue, Garwood, NJ 07027, in the amount of $35,000, for Defendants’ 10 knowing violations
of engaging in deceptive trade practices as to offering for sale warranties with no intention of
honoring them; and it is further
ORDERED and ADJUDGED that, pursuant to New York City Administrative Code §
20- 703(g) and CPLR 2601, Plaintiffs THE CITY OF NEW YORK and VILDA VERA
MAYUGA, AS COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF
CONSUMER AND 6 WORKER PROTECTION, located at 42 Broadway, New York, NY
10004, shall have a judgment against Defendants JOHN KOT and BIG JOHN’s ROOFING
LLC, last known address 247 Willow Avenue, Garwood, NJ 07027, in the amount of $180,000,
and that this money shall be used to establish a consumer restitution account in the amount of
$180,000, to be funded from the disgorgement of all monies received by Defendants as a result
451094/2024 THE CITY OF NEW YORK ET AL vs. BIG JOHN'S ROOFING LLC ET AL Page 4 of 5 Motion No. 002
4 of 5 [* 4] FILED: NEW YORK COUNTY CLERK 10/01/2024 04:47 PM INDEX NO. 451094/2024 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 10/01/2024
of Defendants’ violations of New York City Administrative Code §§ 20-700, and that any
money, property, or other things of value in the account that go unclaimed by any persons within
two years from creation of the account be returned to the City as civil penalties; and it is further
ORDERED that nothing contained in this Decision, Order, and Judgment, including the
Court’s determinations herein, shall bind or affect the rights of any persons not a party hereto, or
preclude actions against any unnamed parties; and it is further
ORDERED that nothing contained in this Decision, Order, and Judgment shall bind or
affect any position which any party may take in future or unrelated actions; and it is further
ORDERED that this Court shall retain jurisdiction of this action for the purpose of
carrying out the terms of this Judgment, or granting such further relief at the Court deems just
and proper.
10/1/2024 DATE LYLE E. FRANK, J.S.C. CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION
X GRANTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
451094/2024 THE CITY OF NEW YORK ET AL vs. BIG JOHN'S ROOFING LLC ET AL Page 5 of 5 Motion No. 002
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