In a counterclaim, a Bayonne developer is alleging a local contractor essentially stole property from him after forging his signature on what he alleges is a “fictitious” agreement, costing him at least $6.1 million in damages.
By John Heinis/Hudson County View
The 16-page, three-count counterclaim was filed by the Gamal Group Corporation in the Hudson County Superior Court’s Law Division yesterday in response to a lawsuit filed by Control Services LLC on April 3rd.
Control, a demolition business owned and operated by Joe Bolowski, who has also served as the deputy office of emergency management coordinator in Bayonne, says the Gamal Group, run by Ehab “Jimmy” Gamal, owes $688,240.91 for services rendered.
“Nonetheless, Gamal and IFT have failed to pay Control Services for work, services, materials, and equipment it has provided and/or completed, and for which Control Services has timely submitted invoices,” the lawsuit claims.
“Control Services has made demands for payment and attempted to resolve this dispute without litigation, including correspondence sent to IFT and Gamal demanding payment. Ultimately, such demands have been ignored.”
However, according to Gamal, through his attorney Jared Geist, of Geist Law LLC in Hackensack, he had an agreement with Bolowski to tear down the structures located at 35 Avenue A, which was never memorialized in writing.
Furthermore, Geist asserts that not only did Control not perform the work they said they had come to terms with, they actually utilized the site as a home of operations for an unrelated waste management business (A&L Disposal).
“Upon information and belief, Plaintiff operated a waste management garbage company unrelated to its agreement and business with Counterclaimant,” yesterday’s court filing says.
“Counterclaimant has noticed, and has evidence of (which will be provided in due course during the discovery process) Plaintiff taking more than 30 of its trailers related to its waste management business at Counterclaimant’s property.”
Despite the land having a fair market rate of $50,000, Control did not pay anything and took nearly two years to complete a roughly two-month job, which caused Gamal to sustain at least $6.1 million in losses, considering rent, interest, and damages.
The coup de gras is that Geist says the “alleged contracts are fictitious,” “the alleged signatures of Counterclaimant are not his signature,” “counterclaimant never signed these documents,” and “these documents are fake fraudulent documents that involved a forgery of Counterclaimant’s signature.”
As a whole, the counterclaim says that Control engaged in unjust enrichment, forgery, and fraud. They are seeking a judgement for damages, attorneys’ fees, interest, and costs of suit.
Bolowski, through his attorney Michelle L. Ross of Englewood Cliffs-based M. Ross & Associates LLC, had initially alleged breach of contract, unjust enrichment, violation of the New Jersey Prompt Payment Act, among other things.
As a result, his business is seeking a judgement in their favor, payment for work performed, attorney’s fees, and any other relief the court deems just and equitable.
