A Montrose couple claims that a Tarrytown contractor botched a job to make their kitchen handicap accessible.
Louis and Maritza Capozzoli accused 5 Star Bath & Kitchen and owner Stephan Machado of deceptive acts and practices, in a complaint filed on Dec. 17 in Westchester Supreme Court.
5 Star made the kitchen unsafe and unusable for Maritza, the Capozzolis allege, and as a result she couldn’t “wash her hands, brush her teeth, or perform daily activities without significant pain, risk, or assistance.”
5 Star did not reply to a message, submitted through its website, asking for its side of the story.
The Capozzolis live in a 2-bedroom, 2-bathroom townhouse in the Coachlight Square condominiums, near Lake Meahagh and the Hudson River.
Machado incorporated 5 Star Bath & Kitchen in 2020. The company’s website urges homeowners to “Upgrade your home. Elevate your life. … Give your home a makeover!”
Maritza Capozzoli suffers from lung cancer and diabetes, is unable to walk, and uses a wheelchair, according to the complaint, and this past February the couple hired 5 Star to make their kitchen and a bathroom accessible for her.
The plan was to install cabinets and drawers with enough clearances for her to maneuver a wheelchair under a sink where she could wash her hands and face and brush her teeth.
They paid $24,000. But now, they allege, the cabinetry did not meet their specifications and 5 Star has refused to fix the alleged defects. The Capozzolis say they paid another contractor $8,000 to fix the problems and $3,000 out-of-pocket for hardware.
5 Star says on its website that it is “fully licensed and insured.” The Capozzolis claim the contractor is not licensed by Westchester County as a home improvement contractor and that it also violated state law that requires a detailed, “plain English” written and signed home improvement contract that includes disclosure of insurance.
They also accused 5 Star and Machado of breach of contract for allegedly failing to do the work in accordance with plans; breach of implied warranty for work inconsistent with good construction practices; and deceptive practices and false advertising for misrepresenting its abilities.
The Capozzolis are demanding damages up to $105,000 – three times the $35,000 they say they sunk into the project – as well as unspecified punitive damages for “willful or wanton misconduct.”
