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55177/2021 · New York State Supreme Court
Evidentiary treatment: This summarizes the plaintiff's own allegations as stated in the complaint or docket record cited below. It reflects what was filed, not a court finding, and is not a determination that the allegations are true.
Plaintiffs Frank Tufano (alleged 51% member) and Frankie's Free-Range Meat, LLC pled three causes of action against Adam Starowicz (the LLC's 49% member and Tufano's co-managing member): breach of the company's Operating Agreement, breach of fiduciary duty (brought derivatively on the LLC's behalf), and a demand for an accounting.
The verified complaint alleges that after the two began the meat business together in 2019 on a 50/50 profit-split arrangement, Starowicz embezzled roughly $5,000 per week for about five months, let the facility deteriorate (a broken refrigeration system, a maggot infestation in the sewer trap, and roughly $10,000 in spoiled product thrown out), let rent and other bills lapse over $50,000 into arrears, paid employees "under the table" without withholding taxes, and cut Tufano out of company records, management, and profit distributions while paying himself de facto dividends and excessive compensation. It seeks damages "to be determined at trial," an accounting, and other relief. Part of the same DSP020 Starowicz dispute cluster as C004, C090, C091, and C094. The complaint was filed by attorney Jeffrey K. Davis as Tufano's own counsel — the same Davis later named as a defendant in C099/C091 and sued for malpractice in C004/C094.
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Outcome reason: The court found no affidavit of service or other filing moving the case toward judgment, found no basis to extend the relevant deadlines, and noted that the LLC could not proceed pro se. The action was dismissed without prejudice and the motion to restore/stay arbitration was denied as moot.
Research status: Source-backed
Research notes: NYSCEF Case Status: Disposed. Plaintiffs originally filed through counsel; a September 23, 2022 consent-to-change-attorney filing allowed them to proceed pro se.
Findings recorded only where they are tied to an order, opinion or report and recommendation.
Record labels distinguish final orders/opinions, reports and recommendations, non-final orders, and tentative/indexed ruling records.
Court found no affidavit of service or other filing moving the action toward judgment, found no basis to extend deadlines, noted that the LLC could not proceed pro se, dismissed the action without prejudice, and denied the motion to restore/stay arbitration as moot.
October 26, 2022 ruling source — iapps.courts.state.ny.us ↗Sequence does not by itself prove motive or causation.
Frankie's Free Range Meat LLC and others filed a New York Supreme Court action against Adam Starowicz.
Source — iapps.courts.state.ny.us ↗C089 was dismissed without prejudice after the court found no affidavit of service or other filing moving the action toward judgment; a request to restore/stay arbitration was denied as moot.
Source — iapps.courts.state.ny.us ↗Tufano filed C090 against Adam Starowicz in Westchester Supreme Court.
Source — iapps.courts.state.ny.us ↗Commentary from former counsel or other secondary sources is retained separately from court findings and primary-source records.
Davis recounts the Starowicz/Tufano business arbitration, reproduces language from an arbitrator stating that a preliminary hearing occurred Oct. 25, 2021 and that a request to pause/stay was addressed by email around Apr. 5, 2022, and reports that Starowicz filed a motion to dismiss C090 on Jan. 9, 2023. The article later notes the state case was settled and claims voluntarily dismissed with prejudice.
Evidentiary treatment: Use for leads, chronology and quoted arbitration context only. Davis's characterizations (for example that arguments were meritless or that Tufano tried to circumvent arbitration) are not court findings unless independently corroborated.
Secondary source — daviscantor.com ↗Frank Tufano Litigation Research. "FRANKIES FREE RANGE MEAT LLC et al v. ADAM STAROWICZ (55177/2021)". Research last verified September 23, 2026. https://suedbyfranktufano.com/cases/55177-2021-frankies-free-range-meat-llc-et-al-v-adam-starowicz/