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Lakewood's 160 Brunswick Realty is suing Brooklyn's Hawk Contracting, alleging they diverted over $300,000 from a residential project's lumber, windows, and plumbing budget, acknowledging it in a stunning admission as a "cash grab."

160 Brunswick Realty LLC is registered to Jonah B. Kimmelstiel. Hawk Contracting of NY, Inc. is owned by Artur and Barbara Piekarski.

According to the complaint filed today in New Jersey Superior Court in Hudson County by Hoboken Attorney Richard W. Mackiewicz, Jr.:

Brunswick owns a property located at 160 Brunswick Street in Jersey City. This property is being developed for a residential complex (hereinafter the “Project”).

In or about February 2022 Brunswick and Hawk entered into a contract whereby Hawk agreed to complete all construction required to complete the Project. The contract contemplated the time for completion would be 14 months, or to April 2023.

Repeatedly, Hawk requested advances on the contract representing that the money's advanced had been used to purchase lumber, mechanical equipment, supplies and to pay tradesmen and others engaged in providing services for the construction of the Project.

Unbeknownst at the time to Brunswick, Hawk were in a financial freefall, and in need of cash from wherever they could source and were having to defend claims being advanced by, among others, Marjam Supply Co., Inc. and JP Morgan Chase Bank, N.A.

Brunswick reasonably relied upon the representations made by Hawk, advanced the monies to them and as a direct and proximate result thereof were damaged.

In reliance on Hawk’s misrepresentations, Brunswick advanced to them the sums of $384,600 in or about March 2022, $406,752.40 in or about August 2022, $206,835.00 in or about October 2022, and $154,597.50 in or about January 2023.

On account of issues being raised, Brunswick withheld $112,561.60 from what was requested in January 2023.

Even though issues were being raised, Hawk, undeterred, made an added request for $261,130.96 in March 2023. As of March 2023, a total of $1,564,582.01 was requested and $1,152,784.90 was paid with $411,797.18 being withheld.

By March 2023 Hawk had successfully arrogated from Brunswick at least $305,324.67 which was represented as being money paid for supplies and services including the wood deck structure, windows, HVAC roughing, plumbing roughing and electric roughing.

Hawk wrongly requested payment of $1,564,582.01, and while of that sum $411,797.18 was withheld of the $1,152,784.90 that was paid, Hawk admitted they were overpaid by $305,324.67. On being confronted with their wrongdoing they admitted their fraud and acknowledged at least $305,324.67 was owed to Hawk.

However, in all this time, despite acknowledging their fraud and wrongdoing, and representing the money would be returned, Hawk have failed and refused to pay Brunswick the money wrongfully converted.

The seven count complaint alleges violations of the New Jersey Consumer Fraud Act, breach of contract, and unjust enrichment.

The lawsuit also seeks to pierce the corporate veil and find Artur and Barbra to individually liable for damages.

Hawk, Artur and Barbra intentionally, knowingly, willfully, and deliberately conspired together, such that there was a total unity of interest among these parties, each was the mere instrumentality of the other and each the alter ego of the other. The conspiratorial plan was to harm Brunswick and unjustly enrich themselves. In furtherance thereof, these parties acted in disregard of Brunswick's rights and proceeded on a course or courses with the intent to prejudice their rights and damage them.

Artur and Barbra were officers, directors and/or shareholder of Hawk. In these capacities, they controlled Hawk, utilized Hawk for their own personal benefit to accomplish injustice and circumvent the law, all to the detriment of Hawk’s creditors including to Brunswick's detriment.

Hawk failed to observe corporate formalities, including nonpayment of profits, nonfunctioning of other officers or directors, the absence of appropriate records, retention of reserves for claims, failure to conduct meetings and failure to maintain adequate insurance.

Hawk is now undercapitalized as Artur and Barbra drained Hawk of any assets to keep Hawk judgment proof. Hawk is merely a facade for the operations of Artur and Barbra. Barbra and Artur are one and the same as Hawk.

Accordingly, the separateness of Hawk should be disregarded and Artur and Barbra should be labile for the wrongs committed to Brunswick.

The lawsuit demands judgment against Hawk, Artur Piekarski, and Barbara Piekarski, jointly and severally, for damages, treble damages, mandatory attorney fees, pre and post judgment interest, costs of suit, and such other and different relief as the Court deems just and proper in the premises.

The defendants have 35 days to answer the complaint.

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