Judge Freezes Assets Of Wny Home Repair Contractor

Attorney General Spitzer today announced a lawsuit against a Buffalo-based home improvement contractor for defrauding consumers by accepted payment for work he never performed.

According to the complaint, Joseph Wynn, who does business as Whirlwynn Home Repair, has collected thousands of dollars for home repairs that he never provided. The complaint also alleges that when Wynn did do home repairs, his work was shoddy.

In one case described in the lawsuit, Wynn took more than $30,000 from a disabled person whose home had been damaged by fire, but provided virtually no services in return.

"The majority of home improvement contractors are honest people who take pride in their work," Spitzer said. "Occasionally, here are cases that demonstrate why consumers must always be vigilant in hiring contractors. This is one such case," Spitzer said.

Spitzer’s investigation revealed that Wynn initially provided home improvement services without obtaining the required license from the City of Buffalo. In addition to failing to perform work or performing it in a substandard manner, he also repeatedly failed to deposit advance payments from consumers into an escrow account, as required by state law.

Justice Christopher J. Burns of Erie County State Supreme Court signed a temporary restraining order that freezes a personal account into which Wynn had deposited consumer payments. The temporary restraining order further prohibits Wynn from providing any home repair services with the exception of home improvement services for which he has been paid.

In filing the lawsuit, Spitzer’s office is seeking a court order barring Wynn from the home improvement industry unless he posts a $100,000 bond. The lawsuit also seeks refunds for consumers and civil penalties for his violations of consumer protection laws.

The City of Buffalo recently refused to renew Wynn’s contractor’s license after he failed to appear at a hearing on consumer complaints filed against him.

Individuals with complaints against Wynn should contact the Attorney General’s consumer help line at (800) 771-7755 or his Buffalo Regional Office at (716) 853-8400.

Consumers seeking tips on protecting themselves when hiring a home improvement contractor are encouraged to visit the Attorney General’s web site at www.ag.ny.gov

This case was handled by Assistant Attorney General James Morrissey of the Buffalo Regional Office.