Hayes Pump, Inc. v. Kordun Construction Corp. and Milena Turkalj

District Court, W.D. New York·Decided July 31, 2026·No. 6:24-cv-06627·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

HAYES PUMP, INC., DECISION AND ORDER Plaintiff, 6:24-CV-06627 EAW v.

KORDUN CONSTRUCTION CORP. and MILENA TURKALJ,

Defendants.

INTRODUCTION Plaintiff Hayes Pump, Inc. (“Plaintiff” or “Hayes”) brings this action against defendants Kordun Construction Corp. (“Kordun”) and Milena Turkalj (“Turkalj”) (collectively, “Defendants”), alleging breach of contract and related claims stemming from the alleged nonpayment of $181,870.20, from Plaintiff’s 2021 sale of motorized pumps and expansion tanks to Kordun on credit. (Dkt. 1). Pending before the Court are Defendants’ motion to transfer venue pursuant to 28 U.S.C. § 1404(a) (Dkt. 20), and Plaintiff’s cross-motion for summary judgment (Dkt. 22). For the following reasons, the Court grants the motion to transfer venue, defers ruling on the motion for summary judgment, and directs that the matter be transferred to the United States District Court for the Eastern District of New York. BACKGROUND The following background information is taken from the complaint, the answer and counterclaims to the complaint, and from materials submitted in connection with the motion to transfer venue. Plaintiff is a multi-state distributor of industrial, commercial, and municipal pumps and other associated products, and is a foreign corporation incorporated, organized, and existing under the laws of the Commonwealth of

Massachusetts, with its principal place of business at 66 Old Powder Mill Rd., West Concord, Massachusetts, 01742. (Dkt. 1 at ¶¶ 2-3). Plaintiff has business office locations in Massachusetts, New Jersey, and Maine. (Dkt. 20-1 at ¶ 4). Kordun is a construction company whose work includes heating, ventilation, air conditioning, utilities, liquid handling, and liquid purification, and is a domestic

corporation incorporated, organized, and existing under the laws of the State of New York, with its principal place of business at 69-41 76th Street, Middle Village, New York, 11379. (Dkt. 1 at ¶¶ 4-5). Turkalj is a Vice President of Kordun and is a New York domiciliary, currently residing at 37 Hill Lane, Roslyn Heights, New York, 11577. (Id. at ¶¶ 6-7). The complaint alleges that New York courts have general personal jurisdiction over Kordun

and Turkalj, because both defendants are substantially at home in New York, Kordun’s principal place of business is within the State and it solely or overwhelmingly transacts business within the State, and because Turkalj is a New York domiciliary. (Id. at ¶ 9). On May 29, 2020, Kordun and Hayes entered into a credit agreement, signed by Turkalj as personal guarantor. (Id. at ¶¶ 13-14). Pursuant to the credit agreement, Kordun

sent to Hayes a purchase order for six motorized pumps and five expansion tanks. (Id. at ¶ 15). Kordun’s procurement of the pumps and tanks related to a real property improvement project, located in Brooklyn, New York, and administered by the New York City Housing Authority (“NYCHA”). (Dkt. 20-1 at ¶ 7). Kordun served as a subcontractor on the construction project, also known as the “Red Hook Houses – East and West Project,” which were improvements made to two connected public housing complexes in Brooklyn, managed by the NYCHA. (Dkt. 22 at ¶ 4). Kordun was retained by non-party Adam’s

European Contracting Inc. (“AECI”); AECI is also based in Brooklyn, New York, and acted as the project’s general contractor. (Dkt. 20-1 at ¶¶ 9-10; see also Dkt. 27-2 at ¶ 3). Kordun employee Miguel Medina served as project manager on the construction project. (See Dkt. 27-3 at ¶ 3). Plaintiff alleges that Kordun’s purchase order totaled $512,140, and on August 8,

2021, Joseph Larkin, Hayes’ Executive Vice President, accepted Kordun’s offer by signing Kordun’s purchase order. (Dkt. 1 at ¶¶ 16-17). Plaintiff further alleges that it shipped to Kordun all the goods contemplated by the purchase order, that Kordun accepted them and made partial payments, but Kordun only paid $310,767.80, with an outstanding balance of $181,872.20. (Id. at ¶¶ 18-21).

According to Defendants, the $512,140 figure was listed on a revised purchase order that was not signed by Kordun, and the original purchase order, which listed $310,767.80 as the purchase price, controls. (See Dkt. 27; see also Dkt. 20-1 at ¶¶ 11-14). Specifically, Defendants contend that on or about May 21, 2020, Kordun accepted a written proposal from Plaintiff and issued a purchase order for $327,124, to Plaintiff for the supply of

equipment and related services for the project. (Dkt. 20-1 at ¶ 11; see also Dkt. 10). Plaintiff later requested to increase the equipment sale price due to alleged supply chain issues reported by Plaintiff’s non-party supplier, and requested a new purchase order for $512,140, to support a price escalation claim to AECI and NYCHA. (Dkt. 20-1 at ¶ 12). Kordun submitted a price escalation claim on Plaintiff’s behalf to AECI an NYCHA, but it was denied. (Id. at ¶ 13). Kordun paid Plaintiff the agreed sale price under the original purchase order, but Plaintiff insisted on additional payment and did not furnish the required

startup and repair services or warranty work for the equipment, which Kordun procured elsewhere at an additional expense. (Id. at ¶ 14). Defendants assert that the majority of witnesses in the case, including Turkalj, Kordun’s employees and principals, and employees of non-parties NYCHA and AECI, are located in the New York City area. (Id. at ¶ 25).

PROCEDURAL HISTORY Plaintiff filed its complaint on October 24, 2024, asserting five causes of action against Defendants, including: (1) breach of contract against Kordun; (2) account stated against Kordun; (3) unjust enrichment against Kordun; (4) quantum meruit against Kordun; and (5) personal guarantee against Turkalj. (Dkt. 1). Plaintiff also seeks payment of its

attorneys’ fees under the May 2020 Credit Agreement. (Id.). Defendants filed their answer with counterclaims on February 7, 2025, including breach of contract and breach of warranty. (Dkt. 10). Plaintiff filed its answer to the counterclaims on February 27, 2025. (Dkt. 13). The case was referred to the Honorable Colleen D. Holland, United States Magistrate Judge, for supervision of discovery. (Dkt. 11). The parties engaged in

mediation efforts, but they were unsuccessful. (See Dkt. 19). On September 15, 2025, Defendants filed a motion to transfer venue to the Eastern District of New York. (Dkt. 20). Plaintiff filed its opposition to the motion to transfer venue and a cross-motion for summary judgment on October 7, 2025. (Dkt. 22). Defendants filed their reply in further support of their motion to transfer venue, and an opposition to Plaintiff’s motion for summary judgment, on November 19, 2025. (Dkt. 27). On December 5, 2025, Plaintiff filed a reply in further support of its motion for summary

judgment, wherein it also made further arguments in opposition to Defendants’ motion to transfer venue. (Dkt. 28). DISCUSSION I. Defendants’ Motion to Transfer Venue (Dkt. 20) A. The Parties’ Arguments

Defendants move to transfer venue pursuant to 28 U.S.C. § 1404(a), which states: “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” Defendants argue that the relevant factors support transfer of the case to the Eastern District of New York, including principally because the Eastern District of New

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