.

Nanuet Contractor Charged With Grand Larceny

Contractor charged with not completing renovation project for Nanuet homeowners

 

Rockland County District Attorney Thomas Zugibe announced that Michael Kubasek, 44, of Nanuet has been charged with a third degree felony count of Grand Larceny. According to the charge, Kubasek, an unlicensed home improvement contractor working under the business name of V & J Mechanical, is alleged to have stolen more than $35,000 from a Nanuet couple, who had hired him to renovate their home.

He was arraigned on Wednesday, Dec. 26 in the Town of Clarkstown Justice Court and released on his own recognizance. Kubasek is due back in court on February 13. If convicted on the charge of Grand Larceny, Kubasek could be sentenced to up to seven years in state prison. 

Kubasek worked with one of the victims as a volunteer firefighter in Nanuet. In June 2011, Kubasek and the homeowners entered into a home renovation agreement for the installation of central air conditioning. When the couple planned an addition and repairs to their home, a second agreement was reached and they reportedly paid Kubasek more than $35,000. The money came from the pension fund of one of the victims who was a retired New York City firefighter. 

After work began, the couple learned the subcontractors hired by the defendant had not been paid and they had to pay them directly.  According to the charges, Kubasek did not answer the couple’s questions about the subcontractors and abandoned the uncompleted project.

Kubasek is accused of walking away from the job and failing to provide an accounting or return of the victim’s money. By failing to provide an accounting of how the money had been used and by not returning the money upon the demand of the consumer, Kubasek accused of violating both the Penal Law and the Lien Law. 

His arrest resulted from an investigation by the Rockland County Special Investigations Unit and the Rockland County Department of Consumer Protection. 

stephany January 02, 2013 at 10:13 PM
was there a written contract and what does this mean "entered into a home renovation agreement" " they reportedly paid Kubasek more than $35,000. was that cash, check or money order. Was the quote low or lowered if the projects were to be in cash meaning all parties involved may have been-were in conspiracy to pay little to no tax. I ask for one reason, there is no mention of a written contract. Agreement is not a contract.. If there was a contract, the words "entered into a contract" are commonly used. I saw nothing of the sort.
Jimmy January 02, 2013 at 10:36 PM
You don't pay tax on home improvements Steph.
what is not stated is...what percentage of the work was completed??did the ohme owner at least get the air conditioning equipment hopefully? for anyone to give 35,000 for no work completed is very weird..usually contractors and homeowners work out a payment scheduale as the work progresses..so maybe in reality its not 35,000?
stephany January 02, 2013 at 11:15 PM
you do pay income tax on the profit.
stephany January 02, 2013 at 11:37 PM
I wonder if the guy had to borrow the money from the pension fund or it was just so good of a deal it was a no brainer..how does that work anyway.. do they just deduct a certain amount out of your monthly check till it is paid back- what is the interest IF ANY. they kinda make it sound like the guy was poor.. i mean he may be on career #2 already while collecting a lifetime pension. I think about 80% of nyc firemen go out on disability pensions. https://www.google.com/search?q=nyfd+disability+pensions&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a
willie 6 January 02, 2013 at 11:46 PM
WHAT A JOKE !
stephany January 03, 2013 at 12:31 AM
jokes on us
NyackPride January 03, 2013 at 01:10 AM
What does trying to avoid paying tax have to do with the fact that these hard working couple were robbed? there is no way of getting away with not paying taxes on materials; and there is no sales tax on labor. Permits, are costly, very time consuming, also inspectors are generally arrogant, rude and occosionally not understanding. Contractors can be some of the biggest nighmares homeowners will ever encounter. They lie about everything, Viz: how long job will take, permits, previous damage, cost of materials, illegal subcontractors they hire. List goes on and on. Central A/C workers cut through structural supports to create plenum for duct work and hack up things you cant see untill your pipes freeze and break. Whenever we would ask the questions I already knew the answers to there would be an awkward moment that would lead to them being firmly told to leave and not come. Without a contract contractor can't put a lean on your house. Pros and cons like everything else. I work too hard for my money. BE VERY CAREFULL WHO YOU BRING NEAR YOUR HOME AND FAMILY! JMVHO.
NyackPride January 03, 2013 at 01:15 AM
The article stated he was a retired FDNY fireman, doesn't mention him being retired under a disability pension. Stephanie you have no idea what you are posting.
stephany January 03, 2013 at 02:45 AM
where did i say he was.quote me or shut up. my comment puts it at 4 to 1 he is. not that he definitely is
stephany January 03, 2013 at 02:59 AM
learn to read Mike where does it say they were a hardworking couple. wheredoes it say the wife even works? there is workers comp on workers, and there is ss tax on every employee. he pays fully for ss on himself unless there is no income to see, then he pays zero, but nowhere in the story does it say he has even 1 employee. of course he does not need workers comp if he chooses not to buy into it for himself.It says he uses contractors. i said before "you do pay income tax on the profit." to think it is not more lucrative to not pay any tax because there is no record is ludicrous. even if there is a permit that does not cause an irsaudit. he saves a minimum of 15% vs non cash deal you fail reading101
stephany January 03, 2013 at 03:30 AM
btw, i never said anyone did anything shady, other than taking the money and not doing the work i mean,never said anyone was guilty of tax evasion, but i doubt i am the only one who finds no mention of a signed contract or cancelled checks from the business as proof of where the money went suspicious. aren't businesses supposed to pay by check [or get a receipt] and deposit all checks into the business account. there is no mention of the seized account. doing business via the cash method, if that is the method employed here, requires cooperation from all parties. of course maybe there was a contract and everything was paid by check and records were kept and the contractor just walked,but i think that might have been mentioned,or maybe not. the fact of the matter is the couple hired an illegal contractor.Did they hire him knowing he had no license, did they ask to see it, did they check on the county website to see if he was listed,ask for references, did they hire him so they could pay him more than a licensed contractor or did they look the other way. there comes a point when you need to take responsibility for your own actions. I hope they get their money back but imo they are not idle bystanders who did everything right and got taken to the cleaners. It takes 2 to tango. again, as far as i know no one did anything illegal
Tinamarie 3 January 03, 2013 at 02:13 PM
@ Mike, That "crook" also happens to be my husband. This " crook" has a family with 3 children who happen to think he's a good daddy! As the "crooks" wife, I am an honest good hearted citizen, who has been dealing with the unfortunate backlash of this situation. Avnet you ever heard that you are innocent until proven guilty? There are two sides to every story, I'm not stating that all of this information is untrue, but to say he should be put in prison for 7 years is a bit much. No matter what he's done or didn't do, he happens to have a beautiful family behind him, who wants nothing more than for this to just go away. I believe in being punished for wrong doing, but the law will give Michael the appropriate punishment. All comments are welcome here, but your negativity is not needed. Before you make a judgment, stop and think of the innocent people behind all of this and maybe instead of posting your hateful comments, you could stop and say a little prayer that my children and I won't be any more affected than we already are. Thank You, Tina~
Freedom.USA January 03, 2013 at 02:19 PM
I am not sure where you get your numbers that 80% of NYC Firefighters are on a disability pension? Not only that, but the fact that you don't consider being a NYC Firefighter a hard-working career is appalling. In fact with comments like those, and the fact that you don't know any of the facts and are using this rant to sound like a fool, I even wonder if you have a job...
Jimmy January 03, 2013 at 02:20 PM
"all parties involved" You were making the assumption that the homeowner was avoiding paying tax. You sound like a disgruntled housewife who has nothing better to do.
stephany January 03, 2013 at 04:56 PM
well be sure, this article puts it at 75%. nyc fm have been abusing the system 25% more than pre 911..was 50% before 911. I have seen 80%..took 30 seconds to find this http://www.nypost.com/p/news/local/the_fa_lane_for_ailing_fireman_CBznD7jXw9CyXfAiZ3QZMM never said being a nycfm was not a hard job--please quote me where you got that from.Btw it might be somewhat hard work when you are actually working but that may not happen a lot depending where you are stationed. on a routine basis loads of people work much harder that nyc fm and they do it all day long.with no bed to take a nap in,no kitchen to cook a meal,no weight room to bulk up for the calendar and no tv room to catch up on their favorite show. I imagine some of the contractors who did not get paid work harder and all day. and he is not a hard working nyc Fm.he is retired,and the article does not mention he even works. you fail reading 101 too,or wasn't that on the test. ANYONE LOOKING TO PUT WORDS IN MY MOUTH PLEASE QUOTE THE SOURCE,AND WHEN YOU CAN'T FIND IT, MOVE ON.
NyackPride January 05, 2013 at 03:43 PM
I'm sure you guys are great people and this is all a big misunderstanding, the judge will certainly help you guys figure it all out. Hopefully the brother firefighter will get his 35k back that he took out as a loan. Moderator: please do not delete comment, there has been an epidemic of contractor ripping off hard working folk in the last 10-15 yrs. there have been tougher laws past to help protect the homeowners against people who lie, cheat and steal from them. My only intent here is to warn my home owning neighbors of people who will harm them because this is certainly an issue and rockland. http://kudzu.com/m/V-J-Mechanical-Corp-22803474 http://mobile.kudzu.com/m/V-J-Mechanical-Corp-22803474 Google: rockland county contractor arrested. See what comes up. Why has this thread been deflected to attack on NYC FF when the subject at hand is GRAND LARCENY? Micheal Glackens, Pearl River NY
AC for Prez January 18, 2013 at 11:36 AM
These criminal/unlicensed contractors haven't figured out how crime pays in NYS. These contractors need to partner with corrupt trial lawyers and buy property to development, and then steal the abutting property when the owners leave for work in the morning. Win-win for these criminals since the trial lawyer investors earn money with legal fees when abutting property owners file complaints ,title insurance is useless in NYS and it is not illegal to steal land in NYS (i.e. apparently tax paid NY law enforcers cannot protect homeowners from becoming victims of land theft in NYS). However, now that the feds made RICO arrests for unlicensed garbage business owners, they might begin arresting these contractors and their investor trial lawyers….both are unlicensed organized racketeers.

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