Showing posts with label Lawsuits. Show all posts
Showing posts with label Lawsuits. Show all posts

Thursday, March 17, 2016

John's Pizzeria family to go to court over their empire

John's Pizzeria family to go to court over their empire

NEW YORK DAILY NEWS

Wednesday, March 9, 2016, 7:05 PM

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A judge gave Peter Castellotti — the 49-year-old son of late John’s Pizzeria matriarch Madeline Castellotti — the OK to go forward with a multimillion-dollar lawsuit against his 48-year-old sister Lisa Free.Williams, Budd

A judge gave Peter Castellotti — the 49-year-old son of late John’s Pizzeria matriarch Madeline Castellotti — the OK to go forward with a multimillion-dollar lawsuit against his 48-year-old sister Lisa Free.

Where’s the dough?
The fight over the John’s Pizzeria empire is giving new meaning to family style.
On Tuesday, a New York appellate court judge gave Peter Castellotti — the 49-year-old son of late John’s Pizzeria matriarch Madeline Castellotti — the OK to go forward with a multimillion-dollar lawsuit against his 48-year-old sister Lisa Free.
Castellotti first alleged in 2012 that shortly before their mother’s death in 2004, Madeline removed Peter from her will and made Free the sole beneficiary of Madeline’s fortune, which included the pizza parlor. At the time, Peter was in the process of getting a divorce.
Peter and his sister allegedly agreed that she would later split the inheritance with her big brother after he settled matters with his soon-to-be ex-wife in exchange for Peter agreeing to pay his mom’s $2 million estate tax. But once Castellotti’s divorce was finished, he claims, his sister double-crossed him, slicing him out of the family fortune and keeping nearly the whole pie for herself.
A lower court tossed the case in 2014, ruling that Castellotti’s claims didn’t amount to breach of contract or fraud, as he’d alleged.
But this week, the appeals court in Manhattan gave Castellotti approval to sue his sister on the grounds of unjust enrichment and promissory estoppel. Complicating matters even further for Castellotti, the court suggested that his admission of that plot could reopen his divorce settlement, which could mean having to hand over some of his mom’s hard-earned money to his ex-wife after all.
“The defendant has engaged in a spectacular betrayal of her mother’s trust,” Jeffrey Kaplan, Castellotti’s lawyer from the law firm of Schwartz, Levine & Kaplan, tells Confidenti@l. “The court has done the right thing by giving Peter the chance to prove his case at trial.”
Free’s attorney could not be reached for comment.
The family business is still going strong. A John’s Pizzeria opened in Jersey City in 2008, followed by a Bronx shop in 2013.
The original John’s Pizzeria on Bleecker St. in the West Village continues churning out coal-fired brick oven pies the same way they’ve been doing it since 1929.
Fittingly, they practice an all-or-nothing policy of selling whole pies and no slices.
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Thursday, August 27, 2015

Hospital doesn’t owe Huguette Clark’s estate due to loophole

Hospital doesn’t owe Huguette Clark’s estate due to loophole

The Manhattan hospital that kept an elderly heiress in a private room for nearly 20 years for no medical reason — while reaping millions of dollars from her — doesn’t owe her estate a dime thanks to a legal loophole.
Beth Israel Medical Center was facing a $95 million lawsuit from an attorney managing the estate of eccentric copper heiress Huguette Clark, who lived with her childhood dolls in her hospital room for years until she died at 104 in 2011.
Hospital executives charged the widow hundreds of thousands of dollars a year for care that was unnecessary — and bilked millions of dollars more from her with smarmy fake friendships, according to a 2013 suit by the estate administrator.
The hospital should have to pay it back and be penalized another $50 million for its actions, the plaintiffs said.
While Clark’s 19 relatives are not a party to the case, they were set to reap millions if the judge decided against the hospital.
But the statute of limitations ran out on the alleged crimes, Manhattan Surrogate Court Justice Nora Anderson said in her ruling released last week.
“We are hopeful that Beth Israel Medical Center . . . will ultimately answer for its prolonged and rampant financial exploitation of Huguette Clark,” her great-grandnephew, Ian Clark Devine said.

Wednesday, April 8, 2015

Perelman’s daughter wins $10.6M in legal fees in ‘near historic’ trial

Perelman’s daughter wins $10.6M in legal fees in ‘near historic’ trial

Samantha Perelman may have lost her $600 million lawsuit against her uncle for her share of the family’s Hudson News fortune, but she won a whopping $10.6 million in legal fees.
Samantha, daughter of billionaire Ron Perelman and late New York Post gossip columnist Claudia Cohen, enlisted 38 people at nearly four law firms to work “around the clock” from April 2012 to December 2014.
Samantha had accused her late mother’s brother James Cohen of pressuring his ailing father, Robert ­Cohen, to disinherit her.
Samantha lost the case, but New Jersey Superior Court Judge Estela De La Cruz found that Samantha, 24, “had reasonable cause for suspicion of undue influence.” The judge sliced Samantha’s $22 million fee request in half, but also tossed out James’ demand that she get nothing for the “sheer outrageousness” of the request.
De La Cruz said that fee was fair because Samantha’s attorneys spared no expense for the “all-out war” of a trial and left “no stone unturned.” She added that the trial’s duration, six month, was nearly historic and has “few parallels” in the court’s existence.
The largest payout, more than $7 million, will go to Samantha’s trial attorney, Edward Friedman, and his law firm Friedman Kaplan.

Thursday, February 5, 2015

Office space being used for ‘wild sex parties': suit

Editor's note: The reader may question why this article is included in the ProbateSharks.com blog? The answer is simple. The management company rented the office space for one purpose, the renter used it for another sorted purpose.  By the same token, the IARDC and the Probate Court of Cook County both pervert their purpose for being...to serve the public...instead they force the public to serve their own sorted perverted edicts.  Lucius Verenus, Schoolmaster, ProbateSharks.com

Office space being used for ‘wild sex parties': suit

​A Manhattan landlord says he was shocked to find that the office space he rented out in Murray Hill was being used to host wild sex parties.
Laurence Gluck ​filed suit in Manhattan Supreme Court Wednesday, saying he ​rented ​the space to Bytelair Inc., ​only to discover that instead of pushing papers the corporation​ was throwing illegal sex parties for transsexual, transvestite and cross-dress​ing participants.
Gluck’s company, the ironically named Hole in One Associates LP, rented the sixth floor of 12 E. 32nd St. to Bytelair in December for “general office and meeting space,” his suit says. ​​
Shortly after Bytelair moved in​,​ other building tenants started complaining about “excessive noise coming from the subject premises which continued until early morning hours on Friday and Saturday nights,” the suit says
The landlord’s reps were horrified when they visited the floor and heard people “engaging in sexual activity” behind hanging sheets, without a copy machine or stapler in sight.
Tlust.com and Daytimet.com advertise “day time play part[ies] for Tgirls (ts/tv/dc) & those who love them.” There are two upcoming parties listed on the websites for Thurs., Feb. 5 from noon to 8 p.m and Sat., Feb. 7 from 3 to 8 p.m.
Gluck says the parties are held in his office building, where participants have accosted fellow tenants at all hours of the day and night asking “coming to the party?”
“Tenants are now fearful for their safety and the safety of their loved ones when entering and exiting the building,” according to the filing.
On its website TLust Tgurl Play Parties says it’s a “private social club held in a discrete midtown loft with private and group play areas, complimentary condoms/lube, coat check, lockers, complimentary soft drinks and snacks and ​​of course you can bring your own bottle (liquor.)”
Gluck wants the sex club out– claiming it violates buildings codes, health department codes and “likely a variety of criminal statutes as well.”
Emails sent to addresses listed on the two websites were not immediately returned.
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Tuesday, November 4, 2014

Auction house sues Rosa Parks’ ex-lawyer over her $10M estate

Auction house sues Rosa Parks’ ex-lawyer over her $10M estate

A New York auction house is suing Rosa Parks’ former lawyer, saying he screwed up the sale of her estimated $10 million estate, costing it nearly a million bucks in lost fees and expenses.
Guernsey’s says in its Manhattan suit that Detroit lawyer Gregory Reed led it to believe “he had the ability to secure the assignment of the estate of Rosa Parks for auction” after the civil-rights icon died in 2005 at age 92.
Reed had previously represented Parks in a lawsuit against the rapper Outkast.
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Rosa Parks’ Presidential Medal of Freedom (left) and her Congressional Gold MedalPhoto: AP
Included in Parks’ historic treasure trove were her Congressional Gold Medal and a postcard from Martin Luther King Jr.
But Parks’ heirs balked at Reed’s claim and then launched into a series of demands to Guernsey’s including that the sale be private and to a single buyer, according to the suit.
Billionaire Warren Buffet’s son, Howard, purchased the collection last month for a bargain $4.5 million.
He said he plans to donate the items to a museum.
Guerney’s says it could have gotten a lot more in fees from individual sales at a public auction.
“Unlike an auction, which would have had a discrete amount of time for preparation, then be conducted and be over, it took Guerney’s seven years, countless work hours and hundreds of thousands of dollars, all of which would have been avoided by an auction, to arrange the private sale the property,” the suit says.
It adds that Reed is still demanding a cut from the sale.
Reed said the case suit stemmed from a “misunderstanding” and was resolved. He said the complaint “grossly mischaracterized” his effort to protect Parks’ legacy. He wanted the civil rights giant’s estate to “be preserved for mankind and not” auctioned off.
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Saturday, May 24, 2014

Executors of Huguette Clark’s estate claim she was insane

Editor's note: These executors would have a major problem in the Probate Court of Cook County.  Ex-judge Kawamoto and her GALs selected an insane person as a guardian for Alice R. Gore, a 99 year old disabled ward.  Lucius Verenus, Schoolmaster, ProbateSharks.com

 

Executors of Huguette Clark’s estate claim she was insane

​Sure, the famously eccentric copper heiress Huguette Clark chose to live the last 20 years of her life in an unadorned hospital room instead of her three art-filled mansions, and yes she was more interested in her doll collection than her peers — but was she crazy?
That’s the legal stance he executors of her estate are now taking as they seek the return of $105 million in gifts the wealthy recluse gave to doctors and employees in her last decades of life.
After three years of litigation, it’s the first time the executors have used the insanity argument.
The move is “a measure of their desperation,” Lawrence Fox, an attorney for Beth Israel Hospital, said in recent court papers.
Executors would have to prove that she did not have a single “lucid episode” from age 84 until she died in 2011 — even though she closely tracked the 2000 Bush vs. Gore election recount and the stock market, Fox argues.
This current court fight comes eight months after Clark’s 20 distant relatives won a $34.5 million settlement in a separate will contest. Other payouts in that previous estate battle include $85 million to a California arts foundation established in the heiress’ memory, $35 million to the Corcoran Gallery in Washington, DC, and a whopping $24.5 million in legal fees.
Now the executors, on behalf of the family, are going after over $100 million that Clark gave away during her lifetime.
The executors’ attorney, John Morken, criticized Fox and the other defendants for seizing on the salacious term “insane.”
He said the legal phrase “insanity toll” is outdated and today simply means he has to show that Clark was “incapacitated.”
In support of his argument Morken describes the frightful scene playing out in Clark’s Fifth Avenue apartment before she was admitted to Beth Israel in 1991.
She “was an eccentric recluse living in chaos and in an old, soiled bathrobe, and weighed 75 pounds,” Morken writes in court papers.
Her doctors still described Clark as “extremely frightened” of the outside world and lacking any “concept of money.”
The hospital’s attorney counters that the heiress had “remarkable mental faculties” and was in “full control of her affairs.”
The parties are awaiting a decision on the insanity question from a Manhattan Surrogate’s judge.
Clark was the youngest daughter of copper king, Sen. William A. Clark. Director Ryan Murphy, of the TV series “Glee” and the film adaptation of “Eat Pray Love,” is working on a movie about Clark’s life, as portrayed by journalist Bill Dedman in the book “Empty Mansions.”

Wednesday, March 12, 2014

Huguette Clark’s doctor fires back at her family in court

Huguette Clark’s doctor fires back at her family in court

Huguette Clark’s doctor hit back against the late copper heiress’ relatives, painting them as greedy hypocrites for vilifying the elderly physician in a lawsuit to claw back $1.6 million after the family members won $34.5 million in a last-will dispute.
“The petition is the latest efforts by the so-called Clark family members to further enhance their financial well-being,” Dr. Henry Singman scoffs in court papers filed in Manhattan Surrogate’s Court.
Singman says he “is an octogenarian who fulfilled his duty to render the very best medical care possible to his patient” only to find himself “painted as a money-grubbing villain” by 19 distant relatives, some of who never even met the ­famously reclusive Clark.
The $1.6 million at issue includes about $800,000 in insurance, and $867,000 in cash gifts the heiress showered on his family before she died at age 104 in 2011.
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Sunday, January 26, 2014

Battle over Julie Harris’ estate, round 2

Battle over Julie Harris’ estate, round 2

The battle for legendary stage star Julie Harris’ estate is heating up.
Herbert Nass, a lawyer who represented Harris for many years until he was abruptly dismissed toward the end of her life, has filed an objection to the actress’ will.
He believes Harris, who suffered multiple strokes before she died in August, “was not of sound mind or memory” when she left a chunk of her fortune to her caretaker, Francesca Rubino, a soap opera actress who goes by the stage name Francesca James.
In a column I wrote in November, Nass and other former Harris employees claimed Rubino took advantage of the ailing actress, seizing control of her medical and business affairs and “isolating” her from friends and family, including her son, Peter Gurian.
Rubino is a co-executor of Harris’ estate, which is thought to be worth $10 million. She stands to earn $200,000 in fees and inherited $50,000 outright.
The bulk of the estate was left to Gurian. But a bizarre codicil to the will effectively disinherits him if he “harms, harasses or intimidates . . . my friends, including Francesca R. Rubino.”
Harris’ will and the codicil “were procured by fraud and undue influence practiced upon the decedent” by Rubino and attorney Isaac Peres, Nass alleges in his objection, which was filed last month with the probate court in Barnstable, Mass.
Responded Peres, in an e-mail: “I can assure you that attorney Nass’ objection and his affidavit supporting it are purely conclusory, completely false and not made on personal knowledge . . . which is an absolute requirement under Massachusetts law.”
Nass has no intention of backing down.
“I knew Julie for many years on a personal level,” he said. “I was at her home many times. I knew her doctors. I know a lot about her.”
Harris lived on a splendid seaside estate in Cape Cod. Gurian lives in a house his mother built for him on the estate. But Rubino took out a harassment prevention order against him three years ago that barred him from entering Harris’ house. Friends say he had no contact with his mother during the final years of her life.
Harris’ longtime housekeeper and gardener were also let go.
The housekeeper, Kathryn Bowden, was fired in an especially brutal manner. As she was driving up to Harris’ house, a policeman stopped her and served her with the following letter from Peres:
“It has recently come to Julie’s attention that you have made several slanderous statements about another member of the team [Rubino]. These statements upset Julie a great deal . . . as a result, she no longer wishes to employ you. In addition you are no longer welcome on the property . . . any entry onto the property will be treated as a trespass.”
Bowden told me she was “in shock” and “grieved” because she could no longer see Harris, whom she considered a friend. Bowden spoke to Harris by phone in an attempt to straighten things out. Harris, she said, was upset and bewildered and didn’t seem to understand why Bowden had been let go.
A few days later, Bowden received another letter from Peres telling her she would be “arrested for trespassing” if she set foot on Harris’ property. He also threatened to obtain a harassment prevention order against her.
Nass has requested that his objections go to trial.
A pre-trial hearing has been scheduled for Feb. 19 in Barnstable.
See you on the Cape, everybody!

Congratulations to Jonny Orsini and Lloyd Mayor, this year’s recipients of the Clive Barnes Awards for theater and dance. Orsini was honored for his performance in “The Nance,” and Mayor for his work with the Martha Graham Company.
Each receives a cash prize of $5,000.
The awards are in memory of The Post’s longtime dance and theater critic, who died in 2008.

Monday, December 9, 2013

Sy Syms’ heirs fight over $67M fortune

Sy Syms’ heirs fight over $67M fortune

The famed Syms Clothing chain may be bankrupt, but late Brooklyn-born founder Sy Syms still left his kids plenty to fight about — $67 million, to be exact.
Syms’ son Richard, 56, claims in a Manhattan lawsuit that sister Marcy, 63, coerced their ailing dad into completely icing him out of the family fortune amid a long-simmering sibling rivalry.
Even before Dad died, Marcy was busy filling her own pockets, siphoning off $20 million in family money, the Surrogate’s Court suit claims.
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Marcy SymsPhoto: ZumaPress.com
“We’re dealing with an individual here like Leona Helmsley,” Richard told The Post, referring to the late real-estate billionaire dubbed the Queen of Mean.
“She’s a shadowy, dark character.”
The siblings’ dad — who became famous for his slogan, “An educated consumer is our best customer” — died of heart failure at age 83 in 2009.
He left the bulk of his estate, $30 million, to his second wife, Lynn; $10 million to his foundation; and at least $8 million to Marcy, the company’s CEO.
Two other children, Robert, 58, and Laura, 55, received $2 million each, and most of Sy’s grandchildren each received $200,000 to pay for their education. The rest, about $14 million, went to taxes.
Richard, a real-estate developer from Westchester, claims that his dad’s 2006 will, which leaves him zilch, is a product of “undue influence” and “fraud” by Marcy.
He says Marcy colluded with Sy’s longtime lawyer to also transfer $20 million of their dad’s assets into her name before Sy died, according to the lawsuit.
Richard notes that their father was suffering from cognitive degeneration and hallucinations in the last years of his life, leaving him vulnerable.
“The crux of the case from my client’s position is that Dad wasn’t well enough when he did his will,” said Richard’s lawyer, Gary Bashian.
Court papers note that one of Sy’s doctors said, “On one occasion [in 2005], Sy asks his wife if she had called her mother, even though her mother had died three to four years earlier.”
Richard said Marcy has manipulated his living siblings into not fighting her because they both have serious health problems.
But the four children of his late brother and sister, who died in 1999 and 2000, have joined him in his estate fight.
Marcy says in court papers that Richard was “estranged” from their father.
“Mr. Syms always intended to leave nothing to his estranged son Richard Syms, as the vitriolic and bitter letter exchanges between them make evident,” Marcy says in court papers.
Richard acknowledged that he once left the family business to strike out on his own in Florida, and when he returned to New York and his dad asked him to rejoin it, he refused. But he said that’s because he didn’t want to work with Marcy.
He added that his dad wouldn’t pay for his daughter’s college after giving money for his son’s education, but that was at the alleged urging of Marcy.
Richard insists he had an “excellent” relationship with his dad.
“Marcy had a close personal and professional relationship with her father for many years, whom she adored. It’s sad that her brother is the only sibling who has chosen to pursue this baseless litigation for the past four years,” said her attorney Lauren Aguiar. 
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Monday, October 7, 2013

Duke heirs claim stepmom sold off family heirlooms

Duke heirs claim stepmom sold off family heirlooms

The twin teen heirs to Doris Duke’s $60 million fortune say their “wicked stepmom” is selling off their family heirlooms, including a million-dollar firearm collection, without giving them a dime.
Georgia and Walker Inman, both 15, want felon stepmom Daralee Inman to answer for spending $328,000 of a $8 million trust fund that their father left her and them when he died of a methodone overdose in 2010.
“To date, the administration appears to have been for the sole benefit of Daralee Inman and counsel to the exclusion of Walker P. Inman Jr’s minor children, who are stated beneficiaries of his trust,” a lawyer for the Inman twins said in a Sept. 9 court document.
The legal petition, filed in Wyoming court, said Daralee needed the court’s permission to withdrawal the funds.
The bulk of the trust-fund money is tied up in a $3.2 million log-and-stone ranch in Wyoming and a $4.6 million South Carolina plantation but also includes “expensive antiques, valuable artwork, sacks of gold Krugerrands, bars of silver, gold jewelry and a million dollars worth of collectible firearms,” the documents state.
Many of Walker’s weapons are currently listed for sale online from a Maine-based auction company called James D. Julia.
They include his “extremely rare” Dick Casull Model CA-3800 semiautomatic pistol, which is available at a starting bid of $3,000.
“Said sales have wasted assets of the trust that are to be specifically distributed to the minor children,” the twins’ suit charged.
Meanwhile, the kids have not been able to get their hands on one piece of their dad’s mementos, it said.
The stepmom claims in the court papers that she had to sell off the family goods because the estate was bereft of liquid assets.
Daralee did not return messages for comment Friday.
The teens’ mother, Daisha Inman, is the fourth wife of Walker Inman Jr., nephew of the tobacco heiress and philanthropist Doris Duke.
Daisha is embroiled in her own legal battle with two banks that serve as trustees to her children’s $60 million Duke inheritance.
Trustees for Citibank and JP Morgan claim that Daisha has drained $1 million of the money and tried to blow half of the total $60 million trust on a Utah mega-mansion.
Daralee, who has convictions for drug felonies in Colorado, Utah and Wyoming, also was accused of sexually abused her stepchildren while they were living with her and their father at the family’s South Carolina estate, according to police reports just obtained by The Post.
Daralee allegedly “threatened to feed the children to the alligators if they told anyone of the abuse,” the records stated.
She was never charged.
The state’s Department of Social Services later found in April 2011 that she had physically abused them, records show.

Thursday, September 26, 2013

Doris Duke heiress claims banks fueled abusive, drug-addicted dad

Doris Duke heiress claims banks fueled abusive, drug-addicted dad

This little rich girl has got a lot of problems.
Fifteen year old Georgia Inman — who’s poised to inherit half of tobacco heiress Doris Duke’s $60 million fortune — filed papers in Manhattan Surrogate’s Court Thursday claiming JPMorgan and Citibank, which each control half of the trust fund she shares with twin brother Walker Inman Jr., fueled years of abuse on the siblings by funneling money to her late heroin-addled dad Walker Sr. and ex-con stepmom Daralee.
“I lived this nightmare being abused by drug addicts while my real mom fought to save my brother and me,” Georgia, who now lives with her biological mother Daisha in Utah said in the 13-page affidavit.
“My brother and I lived through something real bad for a long time. I was treated worse than dogs, locked in a room. Living on the floor in our own waste,” she said. “That was probably the kindest thing that happened to us in our over 10 years of hell.
“All this was made possible because of a lot of money my dad and his attorney was getting from our trustees,” the teen heiress claimed.
Her dad, Walker Sr., received $160,000 a month from a separate, unfettered trust left by his philanthropist aunt Duke until he died of a methadone overdose alone in a Colorado motel room in 2010.
Then the money went to a Duke Endowment to be supervised by the banks and only handed over to the twins once they turned 21.
But Georgia claims a shady attorney working for her dad submitted a fake will causing her and Walker Jr. to lose “tens of millions.”
Georgia submitted the 358-point sworn statement Thursday, turning the tables on the bank trustees — who’ve in the past demanded that her ex-stripper mother, Daisha, account for every penny of the kids’ funds she spends.
“I feel like this is just one big scam with everyone making millions,” Georgia says, demanding: “I want an attorney. I’m not stupid.”
She calls the bank trustees “unethical” for allegedly giving the twins’ medical information to their abusive stepmom — who reportedly once stabbed brother Walker Jr.
Meanwhile she says the trustees bankrolled the duo’s bad habits without thinking of their vulnerable charges.
“My trustees knew my dad and my stepmother were lifelong drug addicts and alcoholics,” she wrote. “My trustees never checked on my brother and me, not one time.”
The twins’ dad and stepmom had the kids from ages 3 to 12, when Walker Sr. died and they went to live with Daisha.
“The legal system has never protected my brother and me,” Georgia rails in the court papers. She wants the judge to toss Citibank and JPMorgan as trustees.
But banks have in court filings painted the unemployed Daisha as a mooching mom, alleging she has cashed in $1 million of the inheritance, asked for money to fund a Las Vegas trip, and tried to spend more than half of the trusts on a Utah ranch for her and the kids.
“The children, in effect, are supporting her, or she is supporting herself using funds she withdraws from the children’s accounts or otherwise obtains via the children,” a Citibank VP wrote in a May filing.
But Georgia, admitting that her mom helped her pen the screed against then trustees, insists she is only looking after their best interests.
“All trust funds my mom gets [she] is spending on my brother and me for things we have asked for or need,” she claims.
A spokesman for the banks did not immediately comment.
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