Case research · C092

Frank Tufano v. Wise Choice Cuts LLC et al

EF2024-00001069 · New York State Supreme Court

ClosedDiscontinuedNew York
CourtNew York State Supreme Court
FiledMarch 11, 2024
StatusClosed
OutcomeDiscontinued
Final dispositionWith prejudice
JurisdictionNew York
Pro seYes
Current / transferee court
Transferred case
Last researchedSeptember 23, 2026

About this case

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.

Plaintiff alleges that he contracted to buy a property at 28335 Silver Street Road in Theresa, New York from Wise Choice Cuts LLC, a company the complaint identifies as owned by Justin Wise, in a sale handled by real-estate agent Lori Gervera of Keller Williams (NY) LLC. He states that he paid a $5,000 deposit by check and that the contract carried a finance contingency making the offer subject to his obtaining a USDA mortgage loan.

The complaint alleges that the USDA denied that loan application by a letter he received on January 5, 2024, that he was then unable to afford or secure another loan, and that through early March 2024 he asked repeatedly by email for the deposit to be returned. It alleges the seller would not agree to return it and that the agent continued to refuse the requests while putting further offers forward to keep the sale alive.

Two claims for relief are pleaded. The first invokes 18 U.S.C. § 641, the federal criminal statute on embezzling or converting public money, property or records, which the complaint quotes at length. The second, styled “Code § 4003.8 — Pre-Complaint Discovery,” asks the court to subpoena the email correspondence between the agent and the seller from October 1 to December 31, 2023, on the allegation that the two conspired to defraud him of the deposit money.

Sourcing limitation (6 Sep 2026): the summons and verified complaint were read in full from the filed PDF at NYSCEF Doc. No. 1. The itemized prayer for relief on the final page did not render legibly, so the specific relief and any damages figure sought are not recorded here; the deposit in dispute is stated in the complaint as $5,000.

Complaint / docket source — iapps.courts.state.ny.us ↗

Defendants

Source record

This page separates court/ruling records, party filings, research classifications, secondary sources and public statements. Unknown or unresolved fields remain labelled as such.

Outcome and research status

Outcome reason: A stipulation filed August 14, 2024 discontinued the entire action, including all cross-claims and counterclaims, with prejudice and without costs.

Research status: Source-backed

Research notes: NYSCEF Case Status: Disposed. The docket identifies Frank Tufano as pro se.

Public video statements

Public statements are displayed separately from court findings. Quotations are transcribed from the video’s own YouTube auto-generated captions and timestamped from the caption cues covering the passage quoted. The Strong / Moderate / Context tier is this project’s research classification of how closely a statement bears on the documented filing patterns — it is not a judicial finding. Any second badge names the filing-restriction factor the statement’s own words describe; it records what the speaker said, not that a court found it.

How quotations are marked: An ellipsis (…) inside a quotation marks words left out between two passages of the same video, which can sit some minutes apart. The omitted wording is not reproduced here, and a clip on the statement supercut plays the whole span from the quotation’s first word to its last — so it includes the omitted material. Quotations without an ellipsis are continuous speech.

Litigation motive / cost imposition
Strong pattern relevanceCost imposition as stated motiveFiling announced or confirmed15:44

Probiotic! Collagen! Sheep Cheese! Fresh Duck! Organic Popcorn & Potato Chips! FREE RANGE MEAT VLOG · July 2, 2024

we'll read um we'll read a few of the negative stuff but in good news it seems like the the real estate agent that stole my deposit for a property that the loan didn't work out on uh it seems like we're going to get our money back after I filed the Supreme Court case after they had to hire lawyers to defend themselves so looks like we're going to get our our $5,000 back

This is C092 — Frank Tufano v. Wise Choice Cuts LLC et al, New York State Supreme Court, Jefferson County, EF2024-00001069, filed 2024-03-11, whose defendants include the brokerage Keller Williams (NY) LLC and Lori Gervera, and whose recorded outcome is "Discontinued" — described by the filer 43 days before the 2024-08-14 stipulation of discontinuance, while the settlement was still in progress ("it seems like we're going to get our money back"). Every element matches: real-estate agent, stolen deposit, a loan that did not go through, the New York Supreme Court forum, and $5,000. What makes this the strongest telling in the research archive is the causal clause no other telling completes: "after they had to hire lawyers to defend themselves." He attributes the recovery not to a ruling — there was none — but to the defendants' cost of defending. That is the core factor stated plainly, by the filer, about a specific tracked action he identifies by forum and amount. The honest caveat: this is retrospective attribution of a mechanism, not a declaration of motive at the time of filing. The tier holds because the factor's substance — the opponent's legal spend as what the filing achieves — is exactly what is asserted, and because a tracked case is identified. A reader who disagrees should read it as Filing announced or confirmed alone, at Moderate.

Why this classification: The speaker confirms filing a New York Supreme Court case and attributes the expected recovery to the defendants having had to hire lawyers to defend it, naming the opponents' legal spend as what the filing achieved.

Transcript-verified verbatim quote

Watch at 15:44 — youtube.com ↗
Legal escalation / contemplated proceeding
Moderate pattern relevanceThreatened or prospective filing15:41

Whole Beef now available! Fresh Veal! · March 11, 2024

speaking of stolen money uh real estate agent stole a $5,000 deposit from me well we were going to we were looking at that Farm property and um and uh USDA didn't improve the loan and then when I asked the real estate agent for my deposit back they didn't give it to me so we'll have to sort that out hopefully uh hopefully we won't have to hopefully we won have to shmear anyone too much because they're going to lose a lot more than $5,000 if I decide to uh to talk about him but go figure I don't really feel like talking about lawsuits and people stealing money from me

The load-bearing quote of this video, and it closes a lead earlier research had carried open. Three things are stated together. First, the grievance behind C092: Frank Tufano v. Wise Choice Cuts LLC et al, New York State Supreme Court, Jefferson County, EF2024-00001069, was filed 2024-03-11 — this video's publish date — and its defendants include Keller Williams (NY) LLC and Lori Gervera, that is, a real-estate brokerage and an individual. C092 is the one case in the corpus with no claims summary; the tracker records that in terms. This quote is the missing claims summary in the plaintiff's own words: a $5,000 deposit on a farm property, a USDA loan that did not come through, a demand for the deposit back, a refusal. Two other archived videos record him describing the same case retrospectively — "up by Watertown", "the bank denied the loan", "they settled" — and both had recorded it as an untracked action; correction notes have now been added to both in the research archive. Watertown is the county seat of Jefferson County. Second, a cost-imposition framing on a non-litigation mechanism: "they're going to lose a lot more than $5,000 if I decide to talk about him" has the same structure as the leafleting campaign the published rubric settles at Moderate — the loss is real and deliberately imposed, but the mechanism is publicity, not filing, so the Strong rubric's filing-conduct requirement is not met; the cost-imposition motive is stated outright, not inferred. Third, a prospective filing: "we'll have to sort that out" and "I don't really feel like talking about lawsuits" frame the matter as unresolved and headed somewhere — one day before, or on the very day of, the docketing of C092. A caution on the number: "$5,000" is spoken twice here and matches both retrospective tellings exactly, so it is unusually well corroborated for a figure on this channel — but it is still a spoken figure, and C092 has no claims summary to check it against. It should not be treated as a pleaded amount without reading the underlying court filing.

Why this classification: The speaker describes an unresolved $5,000 real-estate deposit dispute he expects to have to sort out, framing the matter as headed to litigation while the loss he threatens is one imposed by publicity.

Transcript-verified verbatim quote

Watch at 15:41 — youtube.com ↗
Filing announcement
Moderate pattern relevanceFiling announced or confirmed10:36

Pastrami! Smoked Bacon! WiFi Shielding Clothing restock! FREE RANGE MEAT VLOG · May 13, 2024

still dealing with an issue with um uh a real estate agent stole my $5,000 deposit so I I have an active court case right now in the Supreme Court

C092 (Frank Tufano v. Wise Choice Cuts LLC et al, New York State Supreme Court, Jefferson County, EF2024-00001069) was filed 2024-03-11 and discontinued 2024-08-14. This video published 2024-05-13 — 63 days after filing and 93 days before disposition — and is, on the evidence of the research archive, the only contemporaneous statement that the case is live and pending. The three other archived attestations are one grievance statement made on the filing date itself and two retrospectives from 2025. Every element matches the docket: the amount, the real-estate agent, the New York Supreme Court forum, and the case being unresolved in May 2024. C092's defendants include Keller Williams (NY) LLC — a real-estate brokerage — and Lori Gervera. He never names a party, a county, a docket number or a judge, so the identification rests entirely on the amount, the role and the forum: searches for Watertown or Jefferson turn up nothing useful, and reading the tracker's defendant lists for what kind of business each party is — here, a real-estate brokerage — is the only route to the match.

Transcript-verified verbatim quote

Watch at 10:36 — youtube.com ↗
Dispute background statement
Moderate pattern relevance10:49

Pastrami! Smoked Bacon! WiFi Shielding Clothing restock! FREE RANGE MEAT VLOG · May 13, 2024

and um I don't know we'll see what happens in the next month or two I might have to make a I look these people stole my money I kind of just want to make a video about them and then they'll probably I know who knows they'll come running back with with their tail between their legs but like I don't like I don't want to I don't like talking about negative stuff so we we'll see if I have to do that that's like that's the worst case scenario

an unusual and useful specimen — the pressure tactic named here is not a filing (the case is already on file) but a video, held in reserve as "the worst case scenario", with the stated mechanism being that "their whole business reputation is on the line" ([11:14]). C092 ended in a stipulated discontinuance three months later, which he later described as the one case he "won". Cost imposition as stated motive was considered and is deliberately NOT applied. The published factor turns on the opponent's legal spend; the mechanism stated here is reputational exposure, and the skill's leafleting rule is explicit that the factor follows the stated motive, not the tactic. Threatened or prospective filing is also not applied: nothing new is threatened to be filed. The correct label is No filing-conduct factor, and the reasoning is recorded so a later pass does not upgrade it silently.

Transcript-verified verbatim quote

Watch at 10:49 — youtube.com ↗
Self-reported litigation count
Moderate pattern relevanceSelf-reported filing volumeAdverse outcome describedJudicial or forum bias alleged02:02

Federal Judges Defend GANGSTALKERS in Court! · January 8, 2025

so I filed about a dozen lawsuits Al together and every single one of them was dismissed by a judge as I said before I could even serve the opposing Council papers

both halves are checkable. Volume: 21 docket records exist on or before 2025-01-08, of which 20 were filed by him — so "about a dozen" understates the tracker, unless he means only the 2023–2025 federal/state run (C039, C040, C041, C042, C043, C044, C045, C046, C001, C002, C092, C093, C101 = thirteen), for which it is close to exact. Outcomes: a documented cluster of dismissals precedes this video — C042 (2024-11-13), C040 (2024-12-09), C044 (2024-12-11), C041 (2024-12-16), C043 (2024-12-30), the last of those nine days before publication. But "every single one" is overbroad on the same date: C045, C046, C101, C001 and C002 were all live.

Transcript-verified verbatim quote

Watch at 02:02 — youtube.com ↗

Related video research

Each video has its own research page with its verified publish date, timestamped statements and case links. A researched link between a video and a docket record is not a finding of causation in either direction.

Cite this page
Frank Tufano Litigation Research. "Frank Tufano v. Wise Choice Cuts LLC et al (EF2024-00001069)". Research last verified September 23, 2026. https://suedbyfranktufano.com/cases/ef2024-00001069-frank-tufano-v-wise-choice-cuts-llc-et-al/