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Manhattan, NY - Apthorp Owners Resolve Legal Dispute Without Rabbinical Court |
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The Apthorp, a historic condo residence at 390 West End Avenue
Owners Africa Israel Investments and Mann Realty Associates bought the property in 2007 for $426 million with a plan to turn the landmark into a luxury condominium, but their relationship began unraveling as the market for high-end properties softened and units sat unsold. Details of their agreement weren’t released.
Late last year, two lenders on the project threatened to throw it into default if a loan imbalance wasn't corrected and a new business plan developed. Additionally, Lev Leviev, the billionaire Israeli diamond merchant who controls Africa Israel sued Maurice Mann, president of Mann Realty, to force him into arbitration even as he tried to remove Mr. Mann as the project’s manager. In court papers, Mr. Leviev alleged that Mr. Mann had run amok as a manager. Mr. Mann, he said, through willful misconduct and/or gross negligence failed to effectively manage the leasing, condo conversion and condo sales of the 163-unit Upper West Side landmark.
A rabbinical court was supposed to hear the dispute, but the two couldn't agree on one.
Mr. Mann eventually agreed to be replaced as manager by the Feil Organization.
Signs of a thaw have been evident as ads for the Apthorp have been cropping up in recent weeks in papers such as the New York Times and The Wall Street Journal. The apartment building has served as home to many celebrities, including Conan O’Brien, Rosie O’Donnell and writer Nora Ephron.
While the owners may have resolved their differences, the market for pricey apartments worsened as they warred amid the recession. According to real estate site Streeteasy.com, apartments for sale in the building range from a one-bedroom listed for $2 million to a three-bedroom with a $7.5 million price tag.
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Read Comments (11) — Post Yours »
1
Jun 04, 2009 at 04:14 PM Askupeh Says:
This is an apartment building or a condominum?
2
Jun 04, 2009 at 03:20 PM Anonymous Says:
I'm glad it was resolved without these yidden having to go to a beth din...too much money involved for rabbonim to "settle" a case of this magnitude
3
Jun 04, 2009 at 05:08 PM Milhouse Says:
“ I'm glad it was resolved without these yidden having to go to a beth din...too much money involved for rabbonim to "settle" a case of this magnitude ”
Huh? לעולם יהי דין אלף מנה ודין פרוטה אחת, שווין בעיניך לכל דבר
4
Jun 04, 2009 at 04:44 PM one of em Says:
“ I'm glad it was resolved without these yidden having to go to a beth din...too much money involved for rabbonim to "settle" a case of this magnitude ”
U have a strange way of seeing things.
I am glad it was settled without further fighting, and without getting to court and creating a chilul Hashem. That is something to be glad for.
5
Jun 04, 2009 at 05:26 PM Anonymous Says:
Why would it be a "chilul hashem" to have an experienced court-appointed arbitrator with expertise in real estate management resolve this dispute which inovloves hundreds of millions of dollars rather than some beth din whose biggest real estate case in the past 10 years involved rev sholmo not paying his $400/month rent on time to rev pinchas because the latter had not cleaned the hallways.
6
Jun 04, 2009 at 06:58 PM Anonymous Says:
“ Why would it be a "chilul hashem" to have an experienced court-appointed arbitrator with expertise in real estate management resolve this dispute which inovloves hundreds of millions of dollars rather than some beth din whose biggest real estate case in the past 10 years involved rev sholmo not paying his $400/month rent on time to rev pinchas because the latter had not cleaned the hallways. ”
You don't realize that in NY there are MANY frum real estate players and they resolve all their disputes in Beit Din.
7
Jun 04, 2009 at 08:17 PM Anonymous Says:
As long as the Beit Din uses expert advisors to guide their decisions I have no problem using rabbonim to adjudicate these matters. But otherwise, I'll trust their judgement on whether "small claims court" items but not on anything beyond their expertise.
8
Jun 04, 2009 at 06:45 PM Anonymous Says:
“ Why would it be a "chilul hashem" to have an experienced court-appointed arbitrator with expertise in real estate management resolve this dispute which inovloves hundreds of millions of dollars rather than some beth din whose biggest real estate case in the past 10 years involved rev sholmo not paying his $400/month rent on time to rev pinchas because the latter had not cleaned the hallways. ”
chilul Hashem is not just what the nations of the world think of us. It's a chilul Hashem to go against what the Torah expects of us regardless of what others "think". Therefore, it would be a chilul Hashem if they would go to court for that step would not be allowed by the Torah (unless a beis din would recommend it - they can't just cut the beis din out of the process). Good for these guys. They did the right thing.
9
Jun 04, 2009 at 11:46 PM kiddush Says:
There may be many landlords in nyc that use bais din but this story is this story is the first time that a bais din mediator was in the news - making it a kiddush hashem!!
10
Jun 05, 2009 at 02:18 AM Milhouse Says:
“ Why would it be a "chilul hashem" to have an experienced court-appointed arbitrator with expertise in real estate management resolve this dispute which inovloves hundreds of millions of dollars rather than some beth din whose biggest real estate case in the past 10 years involved rev sholmo not paying his $400/month rent on time to rev pinchas because the latter had not cleaned the hallways. ”
Because going to a secular court instead of a beis din is the very definition of chilul hashem. It's not a chilul hashem *because* of anything, it's a chilul hashem per se.
כל הדן בדייני עכו"ם ובערכאות שלהם, אף על פי שהיו דיניהם כדיני ישראל, הרי זה רשע, וכאילו חירף וגידף והרים יד בתורת משה רבינו,
11
Jun 05, 2009 at 04:57 PM a yid Says:
just to add on on what was already answered U would be pretty surprised on the amounts din torahs deal with.
btw. unfortunately in most batei dinim an amount under a few thousand, dosn't even pay to go din torah, b/c the din torah itself will almost cost u that amount