The New York State Thruway Authority is being name in a lawsuit filed by Cleveland-based Lightning Capital Holding company, along with a New York bond company and a maintenence firm, for almost $500,000.
According to the lawsuit, filed by Harris Beach PLLC's Brian Mahoney on behalf of the plaintiffs last week, Lightning Capital is seeking payment from Erie Painting and Maintenance, Inc., Western Surety Company and the Thruway Authority to have equipment and funds given to Erie Painting to repair Dam 8 on Lock 12, in Tribes Hill, returned to them.
The lawsuit, filed in Montgomery County, said the company bought the assets of All Seasons Contracting, a bankrupt business that leased equipment to Erie Painting, which was contracted by the state Thruway Authority to paint the bridge and dam at Lock 12 in 2009.
Between April 2010 and September 2011, the lawsuit said, Lightning Capital submitted invoices to Erie Painting totaling more than $428,000. The lawsuit said Erie Painting has not paid the invoices, but used the equipment without returning it. In addition to the lease payments, Lightning Capital also is seeking monthly rental charges.
The lawsuit said Western Surety issued a bond on behalf of Erie Painting. The lawsuit also said the Thruway Authority is named because Lightning Capital filed a notice under mechanics lien law seeking payment.
The Thruway Authority declined to comment on the lawsuit. Western Surety and Erie Painting did not return calls seeking comment.