Anthony Devito

July we contracted with DeVito Construction in Yorktown Heights to redo part of our deckThey came in July to remove the top of the deck Then they disappeared for weeks Then they came back, did some work and disappeared for another few weeks The deck was finally finished in November At that time they told us that the deck can be stainedI inquired if it was too late in the year, and I was told NO, it would be OK The summer came and the stain started wearing off, and other construction problems became evidentAlso they replaced the deck staircase, which we found out was not to codeWe didn't want to give up the use of our deck in 2014, so we waited till At that point we went to Yorktown Small Claims CourtSince it is a town, the max you can get is three thousand dollarsWe were told to go to Peekskill since it is a City -- there you can sue for five thousand dollars We had an appointment in February We were there, DeVito was not, but he had a lawyer representing him(Big surprise: I thought it would be us and DeVito.) I found out that, yes, the defendant can have a lawyer represent him in Small Claims Court The judge asked if we would be willing to work with a mediator first, which we did...for over an hourHowever, that was a waste of time, because the lawyer wasn't authorized to offer any monetary settlement The lawyer asked for a postponement We went back March [redacted] We were there, but again, no DeVito, and this time no representative We had to show the Judge that we had THREE estimates and pictures of the deckAlso we had to prove that the stairs were not up to codeWe won our caseHe had till April [redacted] to pay usHowever, we DON'T expect to see a penny Please see attachmentI would just like for people to know that they can do the right thing and use a licensed contractor and still end up with problems, and possibly a trip to court What a way to treat a disabled veteran

July 2013 we contracted with DeVito Construction in Yorktown Heights to redo part of our deck. They came in July to remove the top of the deck.
Then they disappeared for 4 weeks. Then they came back, did some work and disappeared for another few weeks. The deck was finally finished in November. At that time they told us that the deck can be stained. I inquired if it was too late in the year, and I was told NO, it would be OK.
The summer came and the stain started wearing off, and other construction problems became evident. Also they replaced the deck staircase, which we found out was not to code. We didn't want to give up the use of our deck in 2014, so we waited till 2015.
At that point we went to Yorktown Small Claims Court. Since it is a town, the max you can get is three thousand dollars. We were told to go to Peekskill since it is a City -- there you can sue for five thousand dollars.
We had an appointment in February 2015. We were there, DeVito was not, but he had a lawyer representing him. (Big surprise: I thought it would be us and DeVito.) I found out that, yes, the defendant can have a lawyer represent him in Small Claims Court. The judge asked if we would be willing to work with a mediator first, which we did...for over an hour. However, that was a waste of time, because the lawyer wasn't authorized to offer any monetary settlement. The lawyer asked for a postponement.
We went back March ** 2015. We were there, but again, no DeVito, and this time no representative.
We had to show the Judge that we had THREE estimates and pictures of the deck. Also we had to prove that the stairs were not up to code. We won our case. He had till April [redacted] to pay us. However, we DON'T expect to see a penny.
Please see attachment. I would just like for people to know that they can do the right thing and use a licensed contractor and still end up with problems, and possibly a trip to court.
What a way to treat a disabled veteran.

July 2013 we contracted with DeVito Construction in Yorktown Heights to redo part of our deck. They came in July to remove the top of the deck.

Then they disappeared for 4 weeks. Then they came back, did some work and disappeared for another few weeks. The deck was finally finished in November. At that time they told us that the deck can be stained. I inquired if it was too late in the year, and I was told NO, it would be OK.

The summer came and the stain started wearing off, and other construction problems became evident. Also they replaced the deck staircase, which we found out was not to code. We didn't want to give up the use of our deck in 2014, so we waited till 2015.

At that point we went to Yorktown Small Claims Court. Since it is a town, the max you can get is three thousand dollars. We were told to go to Peekskill since it is a City -- there you can sue for five thousand dollars.

We had an appointment in February 2015. We were there, DeVito was not, but he had a lawyer representing him. (Big surprise: I thought it would be us and DeVito.) I found out that, yes, the defendant can have a lawyer represent him in Small Claims Court. The judge asked if we would be willing to work with a mediator first, which we did...for over an hour. However, that was a waste of time, because the lawyer wasn't authorized to offer any monetary settlement. The lawyer asked for a postponement.

We went back March ** 2015. We were there, but again, no DeVito, and this time no representative.

We had to show the Judge that we had THREE estimates and pictures of the deck. Also we had to prove that the stairs were not up to code. We won our case. He had till April [redacted] to pay us. However, we DON'T expect to see a penny.

Please see attachment. I would just like for people to know that they can do the right thing and use a licensed contractor and still end up with problems, and possibly a trip to court.

What a way to treat a disabled veteran.