Home contractor pleads guilty and agrees to refunds

Attorney General Eliot Spitzer announced his office has taken aggressive action against a Monroe County home improvement operator for defrauding its customers out of thousands of dollars.

Allen R. Russell, Sr., who operates home improvement companies under the names The Siding Center, Inc., the Siding Center, W.N.Y., Inc., Capital Holding, Capital Renovation and Window and Door World of America, Inc., was the subject of a seven month investigation by Spitzer's office which has resulted in both a criminal plea and a civil lawsuit.

Russell, Sr. and his son, Allen R. Russell Jr. have been operating a home improvement business in the town of Greece for at least the past 20 years. Spitzer's office is aware of at least 17 consumers who have been defrauded by the Russells between 1998 and July 2001.

In a civil case filed in State Supreme Court in Monroe County, Spitzer's office has accused Allen Russell Sr., Allen R. Russell, Jr. and The Siding Center of deceptive and illegal business practices, fraud, and various violations of consumer protection laws.

Spitzer's office is seeking a court order permanently barring the Russells and their various home improvement companies from operating a contracting company and doing door-to-door sales in New York state. The lawsuit also is seeking civil penalties and court costs, an order forcing the Russells and their companies to pay judgments against them, and a "window of opportunity" for additional consumers to fill out complaint forms with the Attorney General's office to become eligible for restitution.

Consumers complained that Allen Russell, Sr. left project s unfinished or refused to honor his warranties by fixing problems with his work. Russell also is accused of refusing o pay Small Claims Court judgments against him. Many consumers complained that Russell would like to customers that materials were ordered, when none ever were. He also would fail to respond to consumer complaints.

The civil complaint charges Russell, Sr. With violations of the state Home Improvement Contracts Act, which requires that certain information be included in contracts, such as the name and address of the contractor, estimated dates when the work would begin and be substantially completed, certain notices about lien law implications, and a requirement that all money paid toward a project be placed in escrow.

Individuals wishing to file a complaint against the Russells or The Siding Center are encouraged to contact the Attorney General's consumer help line at (800) 771-7755.