New York Attorney General Eric Schneiderman announced this afternoon that his office is suing Peekskill-based Nu Way Fuel and Service Corp., Nu Way Services of New York Inc. and its owners on charges the home heating oil business defrauded consumers out of more than $80,000 by failing to provide the full amount of oil purchased. The lawsuit, filed in state Supreme Court in White Plains, seeks full restitution for more than 70 consumers.
Nu Way and its owners — David DaSilva and David DaSilva Jr. — began accepting pre-payments for heating oil and oil-burner service that were supposed to be provided to consumers during the 2012-13 heating season. According to Schneiderman, the company delivered portions of the oil — sometimes as little as 15 gallons per delivery — rather than fill customers’ oil tanks. The company didn’t perform all the oil-burner service work it was contracted to do, the attorney general said.
The attorney general’s office has received 20 consumer complaints against Nu Way to date, Schneiderman said, and the Westchester County Department of Consumer Protection has received more than 50. At least 28 customers have sued Nu Way in Peekskill City Court to recovery money due to them.
“Not only is the costly home-heating season rapidly approaching, this lawsuit sends a message to contractors and suppliers around New York State that broken promises can result in law enforcement action. We are seeking to get them their money back and punish the lawbreakers,” Schneiderman said in a statement.
The company is not licensed by the state Department of Taxation and Finance to sell or distribute home heating oil, and permits that allowed its delivery truck to use state roads expired Dec. 30, 2013.
“Deceptive business practices have no place in Westchester,” Westchester County Executive Robert P. Astorino said in a statement.
Consumers can file complaints against Nu Way with Schneiderman’s office.