Monthly Archives: November 2021

Homeowners Install Fence and Defy Homeowner’s Association Demand to Remove:

Posted on November 29, 2021 | Comments Off on Homeowners Install Fence and Defy Homeowner’s Association Demand to Remove:

This was originally posted on the SGR Blog.

Did the Board Have Authority to Impose Sanctions?

We often see decisions invoking and applying the “business judgment rule” to the Board of Directors of a residential cooperative or the Board of Managers of a residential condominium. But, as a recent case illustrates, that rule also applies to the BOD of a homeowner’s association.

Alan Ives and his wife are homeowners and members of Fieldpoint Community Association, Inc.  Fieldpoint is a master homeowners’ association that manages and controls the members’ use of common areas, as well as the exteriors of the members’ units and lots. In 2014, the Ives installed a six-foot-high aluminum fence in the backyard of their home. They then applied to the Fieldpoint Architectural Review Committee, seeking approval for the fence. The ARC denied the application, stating that “iron fences” are “considered inconsistent with the overall character and appearance of the Fieldpoint development.” The Ives appealed to Fieldpoint’s BOD, confirming the decision and directing them to remove the fence. The Ives did not remove the fence, and Fieldpoint imposed a one-time fine for $1,000, followed by fines of $20 for each day the fence remained in place.

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Posted in Co-Ops, Litigation, New York Law, Real Estate

Melee at MSG/Billy Joel Concert Leads to Arrest:

Posted on November 24, 2021 | Comments Off on Melee at MSG/Billy Joel Concert Leads to Arrest:

This was originally published on the SGR Blog.

Did Police Officers Have Probable Cause?

A certain amount of rowdiness is expected and is accepted when the Rangers face off against the Bruins at Madison Square Garden.  But what happens when a Billy Joel concert-goer gets into a fight?

Ari Ganeles claimed that he sustained injuries when he was allegedly assaulted by fellow concert-goers and off-duty New York Police Department (NYPD) Officers– Joseph Brennan, Kevin Ermann, Lerone Davis, and their respective dates– during a Billy Joel concert at Madison Square Garden (MSG). And sued for intentional infliction of emotional distress, false arrest, and malicious prosecution as a result of the City of New York’s “conspiracy” to “cover up” the alleged altercation.

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Posted in Litigation, Litigation, New York Law, Personal Injury

Navigating the “Bermuda Triangle” of Objections to Probate:

Posted on November 22, 2021 | Comments Off on Navigating the “Bermuda Triangle” of Objections to Probate:

This was originally posted on the SGR Blog.

Court Considers the Trifecta of Standard Challenges

Objections “101″ to the probate of a will would introduce the three most common grounds: lack of due execution (the will was not properly signed); lack of testamentary capacity (the decedent did not know what s/he was doing); and undue influence (a trust or confidence was exploited), But, as a recent case illustrates, objections are easier said than done.

In a contested probate proceeding, Joy M. Hood moved for an order: granting summary judgment dismissing the objections of Joseph W. Peckelis and admitting the will of Albert J. Peckelis to probate. Joseph opposed the motion.

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Posted in Litigation, New York Law, Trusts & Estates, Wills

Lawsuit Pits Father Against Son Over Family Businesses

Posted on November 18, 2021 | Comments Off on Lawsuit Pits Father Against Son Over Family Businesses

This was originally posted on the SGR Blog.

Did Son [Im]properly Divest Father of Interests in LLCs?

Battles between fathers and sons are found in Greek mythology (Zeus and Cronus). And, as a recent case illustrates, continue to this day in a somewhat different manner.

Jacob Harounian owned and operated a rug business called J. Harounian Oriental Rug Center. Jacob eventually asked his son, Mark Harounian, to help him run JHORC. Jacob thereafter gave Mark a 40% ownership interest in JHORC. In addition, Jacob formed a partnership with Mark and Mark’s two sisters called JAM Realty Co. to take title to a property located on 25th Street in Manhattan. Jacob had a 76% ownership interest in JAM Realty, while Mark’s two sisters had 5% each, and Mark had 14% (10% plus a 4% “equity kicker”) in light of the active role Mark would be taking in JAM Realty. 

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Posted in Litigation, Litigation, New York Law

Lease Permitted Restaurant at Ol’ Bridge Café on 24th Street

Posted on November 15, 2021 | Comments Off on Lease Permitted Restaurant at Ol’ Bridge Café on 24th Street

This was originally posted on the SGR Blog.

Was Tenant Permitted to Operate Unlicensed Cabaret?

Use clauses in commercial leases are intended to unambiguously define and delineate the business purposes contemplated for the space. But, as a recent case illustrates, the landlord and tenant may disagree on whether or not the actual use is permitted.

39-50 24th St. Realty Corp, as landlord, and Ol’ Bridge Cafe Inc., as tenant, entered into a commercial lease agreement for 39-48/50 24th Street, Ground Floor Store, Long Island City, for a term of five (5) years commencing February 1, 2016.

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Posted in Landlord-Tenant, Litigation, New York Law, Real Estate

Written Settlement Agreement Between Families Over Jointly Owned Property

Posted on November 11, 2021 | Comments Off on Written Settlement Agreement Between Families Over Jointly Owned Property

This was originally posted on the SGR Blog.

Was the Agreement Sufficient to Satisfy the Statute of Frauds?

Members of different families often combine forces and funds to purchase real estate together. When differences arise, they sometimes resolve those disputes with a settlement agreement that seems effective at the time—but is later subject to challenge. And, as a recent case illustrates, a “signed and sealed” settlement agreement intended to resolve inter-family disputes may not be enforceable when subject to judicial scrutiny.

Shlomo Ehrenreich and his father allegedly partnered with Joel Israel, Amrom Israel, and Michael Israel in various real estate ventures over a period of several years and a dispute allegedly arose between the parties. As a result, Ehrenreich entered into a written settlement agreement signed by Ehrenreich, Joel, and Amrom providing that Joel and Amrom would sell Ehrenreich certain parcels of real property to settle the dispute.

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Posted in New York Law, Real Estate

The Agreement Has An Arbitration Clause

Posted on November 8, 2021 | Comments Off on The Agreement Has An Arbitration Clause

This was originally posted on the SGR Blog.

But Who Is Bound And Is Dispute Arbitrable?

Many commercial agreements contain what appears to be an unambiguous clause mandating the arbitration of all disputes. But, as a recent case illustrates, a Court nevertheless may be called upon to determine who is bound to arbitrate and what issues are covered by that mandate.

On September 1, 2016, Bromberg & Liebowitz entered into an agreement with Pat O’Brien to purchase her accounting practice. The agreement provided that Pat O’Brien would provide consulting services to the practice during a transition period and that Jennifer O’Brien would work for the practice for at least one year. The agreement contained an arbitration clause. It was signed by B&L and Pat O’Brien and had a signature line for Jennifer O’Brien, but she did not actually sign the agreement.

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Posted in Arbitration, Litigation, New York Law

Tenants-In-Common Meet Adverse Possession at Family Home in Brooklyn

Posted on November 4, 2021 | Comments Off on Tenants-In-Common Meet Adverse Possession at Family Home in Brooklyn

This was originally posted on the SGR Blog.

Can a TIC Oust Other TICs With the Passage of Time?

Scene set: Family members jointly own, as tenants-in-common, a residential property. Over time their respective interests pass to their descendants by deed or operation of law. But one of the family members allegedly occupied the property for more than ten years to the exclusion of her kinfolk. Did the successor to the sole occupier of the home obtain title by his predecessor’s adverse possession?

The 169 MLS Realty Corporation sued, among others, One 69 Skill Corporation seeking a judgment declaring that MLS was a tenant in common to an undivided 25% interest in a three-family dwelling located in Brooklyn and for partition of that property. Louis A. Angione, Peter Cutrone, Roberta Loranger, Teresa Louise Mizzo, Rebecca Rang, and Mildred Scala were granted leave to intervene in the action as plaintiffs. The intervenors alleged that they were heirs at law and tenants in common to the property, with a cumulative 43.75% interest, and also sought a partition of the property. Skill Corp asserted a counterclaim seeking a determination that its predecessor in interest, Lena Tedeschi, had acquired title to the property by adverse possession.

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Posted in Litigation, New York Law, Real Estate

“[Shopping] On a Sunday Afternoon”

Posted on November 1, 2021 | Comments Off on “[Shopping] On a Sunday Afternoon”

This was originally posted on the SGR Blog.

Customer Assaulted in Spontaneous Imbroglio

In a supermarket on a Sunday afternoon, a shopper is hit in the face by a can of food thrown in the course of a sudden dispute between two other customers. Was the store liable to the innocent victim for negligence in failing to thwart the altercation?

Lydia Arroyo claimed that, while shopping at an International Compare Food International store, she was struck in the face by a can thrown by Johan Gonzalez, a customer in the store. The store’s negligence allegedly caused her to sustain serious injuries. International moved for summary judgment dismissing Arroyo’s claims.

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Posted in Litigation, New York Law, Personal Injury