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SNAFU Major SNAFU Minor Bright Spots A Touch of Irony |
Updates |
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February, 2011 - Documents received from the Westchester Dept. of Consumer Protection reveal details surrounding MyHome's business practices: |
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The Dept. found eleven violations of Westchester County and New York State laws regarding our home renovation, including:
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February, 2011 - Its home improvement license revoked, MyHome changes its name to "MyHome MyPlanet" and resumes business at its Mt. Kisco location. |
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Mayan Metzler changes the name of MyHome's 74 South Moger Ave, Mt. Kisco, showroom from "MyHome" to "MyHome MyPlanet" and resumes home improvement business under a new Westchester County license #WC-22695-H10, with an expiration date of March 5, 2012. A Touch of Irony MyHome's glossy brochure titled, Home Remodeling Considerations, contains the following warning to would-be consumers: |
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Contractors tend to go out of business and reopen under a new name and license number if too many complaints get lodged against them under a given license. |
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February 11, 2011 - MyHome pays $10,000 fine to settle disciplinary actions brought by the Westchester County Dept. of Consumer Protection. |
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MyHome agrees to pay the County a $10,000 fine for eleven "appearance tickets" issued for violations of its licensing laws. The suit names "My Home LLC, MyHome, Inc, MyHome, and MyHome Westchester" as defendants in the action involving four separate companies attempting to do business under one license. The settlement agreement is signed by Mayan Metzler and Yoel Piotraut, co-founders of MyHome LLC. While stipulating that MyHome LLC will "not do any further business as a home improvement contractor... in the County now or in the future," the agreement also states that:
Although MyHome's current web site still shows Mayan Metzler as co-founder and very active in the Company, perhaps in the near future his severance from MyHome (if not the reason for his severance) will become public record. |
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Dec. 2010 - MyHome's stucco sub-contractor withdraws its lien and suit against us for payments withheld by MyHome and Michael Palmentiero. |
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After receiving an Engineer's report documenting defects in its work, as well as our counter claim for damages caused by walking off the job, DSF Concrete withdraws its suit against us for non-payment of services.
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July 22, 2010 - MyHome's home improvement license is revoked by Westchester County |
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Citing MyHome as "unqualified to engage in the home improvement business," Westchester County revokes MyHome’s license via letter to Mayan Metzler dated July 22, 2010: "Based upon your failure to perform the work as contracted in complaint #201043856, it is not in the best interests of the citizens of Westchester County to allow My Home LLC to operate as a home improvement contractor in Westchester. Therefore, based on Article XVI, Sections 863.317(2b) and Section 863.316(1e), your license has been revoked". The two sections sited specify: Failure by the licensee to fully and satisfactorily perform or furnish any labor, services or materials included under a home improvement contract. Has against it an unacceptable amount of home improvement complaints as determined by the Sealer. |
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It is not in the best interests of the citizens of Westchester County to allow My Home LLC to operate as a home improvement contractor in Westchester. Westchester Dept. Consumer Protection » |
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2009 - Mayan Metzler transfers "any and all of his ownership interest in MyHome LLC" |
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According to documents released under the Freedom of Information Act, Mayan Metzler, co-founder and President of MyHome LLC, divested himself of all interests in MyHome LLC some time in 2009. It is not clear whether the move was a legal maneuver to reduce MyHome's and/or Metzler's liability from this and other law suits, or whether the move was simply a part of the settlement agreement enabling Metzler to resume Home Improvement services in Westchester County under a new alias.
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Subcontractor brings foreclosure action against us after MyHome's general contractor, Michael Palmentiero, renegs on payment. |
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On May 8 we were served with foreclosure papers by DSF Concrete to satisfy a lien of $10,500 for their partially completed stucco work. DSF was hired by Michael Palmentiero (MyHome LLC's general contractor) to perform the work in Dec. 2008. According to the terms of their contract, the subcontractor was supposed to receive a 50% down payment ($6,750) from Palmentiero before work began. Regrettably, DSF started work without the down payment and were not able to collect after walking off the job on Feb. 2, 2009. Our payment to MyHome for the stucco work was included in a check dated Sept. 21, 2008 for $46,250. The funds were specifically earmarked for work to make the house "weather tight." It is not known where the funds for the stucco contractor ended up. Ironically, DSF's attorney claims we were served with two separate copies of their Lien Notice more than a year previously via certified mail, return receipt requested (dated April 24, 2009). No such notice was ever received. We have asked the attorney to supply copies of the post office's receipts that delivery was attempted. None have been produced.
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Oct. 7, 2009 – Mold inspection by MyHome LLC’s expert witness. |
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After weeks of delay, MyHome’s attorney, Leonard Morton, retained Robert Weitz of RTK Environmental Group to assess mold in our house. On Oct. 7, 2009, Weitz took 6 air samples, 4 bulk samples and 1 tape sample. 10 out of 11 showed mold. "Unacceptable" levels of mold were documented in the open air of the dining room (first floor), second floor hallway and basement. The report declines to mention the interior sample of OSB siding covered with mold shown to him that day. The RTK report goes on to note that moisture exposure through unfinished siding "has and will continue to exacerbate the current mold condition in the dwelling." It recommends an “overall gutting of the first floor" and removal of the first floor hardwood flooring and sub-floor.
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July 1, 2009 - MyHome sued for damages |
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On July 1 we filed a verified complaint in the Supreme Court of the State of New York. The complaint lists five causes of action:
We are confident that we have a strong case and will eventually prevail.
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