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Kaufman's war against neighbors.


As the head of one of New York's most prominent family-owned real estate organizations, Melvyn Kaufman is no stranger to property disputes.

But, in recent years, the Years, The

the seven decades of Eleanor Pargiter’s life. [Br. Lit.: Benét, 1109]

See : Time
 disputes don't center around. the Midtown mid·town  
n.
A central portion of a city, between uptown and downtown.


midtown
Noun

US & Canad the centre of a town
 high-rises owned. and operated by The William Kaufman Organization Ltd. Rather, they involve property he owns in the ritzy ritz·y  
adj. ritz·i·er, ritz·i·est Informal
Elegant; fancy.



[After the Ritz hotels, established by César Ritz (1850-1918), Swiss hotelier.
 Westchester County enclave he calls home. Kaufman has filed eight lawsuits against his Edgewater Point neighbors, largely as the result of incidents whereby he contends neighbors broke covenants of the neighborhood association A neighborhood association is a group of residents, sometimes organized as 501(c)(3) nonprofit organization, who take on problems or organize activities within a neighborhood. An association may have elected leaders and voluntary or mandatory dues. .

"The rules are what they are," Kaufman said. "I expect everybody to follow them as I follow them."

While the legal wrangling may have gossip appeal in the real estate industry -- the Edgewater Point neighborhood is a virtual "Who's Who Who’s Who

biographical dictionary of notable living people. [Am. Hist.: Hart, 922]

See : Fame
" of industry bigwigs -- it is also attracting the attention of legal observers Legal observers are individuals, usually representatives of human rights agencies, who attend public demonstrations, protests and other activities where there is a potential for conflict between the demonstrators and the police, security guards or other law enforcement personnel. .

A court decision is expected in the coming weeks that involves the obligation a neighborhood association - in this case the Edgewater Point Property Owners Association - to enforce its own rules. Observers say the ruling could impact cooperatives and condominiums owners across the region.

"If you say that the board can't enforce rules, it could impact property values. The integrity of the units are going to be compromised," said Kaufman's attorney Nativ Winiarsky, of the Manhattan-based firm of Kucker & Bruh, LLP LLP - Lower Layer Protocol .

The case is unique partly because it defies the usual tenor of disputes involving property owners and associations, which typically involve associations suing owners to enforce rules. In Kaufman's case, he has filed suit to force the association to enforce its own rules.

"If they don't enforce the rules, they're useless," he said. "I won't stand up for it in my business and I won't stand up for it at home."

Attorneys for the association have repeatedly argued that the association has no standing or legal duty to enforce the covenants.

"Plaintiff seems to confuse the concept of a 'right' with the concept of an 'obligation,'" said White Plains attorney William Mulligan mul·li·gan  
n.
A golf shot not tallied against the score, granted in informal play after a poor shot especially from the tee.



[Probably from the name Mulligan.]

Noun 1.
, Jr. in legal documents. "The association 'may' enforce the covenants, but certainly not 'must.'"

The William Kaufman Organization was founded in 1924 by Melvyn's Kaufman's father William. Melvyn and his brother, Robert, joined the firm after serving in the military during World War II. Among properties in the company's portfolio are 777 Third Ave., 437 Madison Ave., 767 Third Ave. and 77 Water St., according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the company website.

Over the years, Kaufman has been no stranger to ruffling the feathers of both public and private figures. In 1997, he sued then-Mayor Rudolph Giuliani over the pedestrian barriers Giuliani had erected in Midtown.

With his current legal battle, one of the obstacles faced by Kaufman's attorneys is that, surprisingly, New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 State has not had a single case involving a property owner suing an association to enforce regulations. Winiarsky and another attorney working on the case, John Churneftsky of Kucker & Bruh, were able to find case law on the subject in other states, such as California and Illinois.

But it is a Feb. 7 decision issued by Westchester County Judge Aldo Nastasi in response to one of Kaufman's suits that the attorneys find most troubling. In the decision, the agree with arguments that there is no duty imposed upon the Edgewater association.

"There is no 'duty' to enforce said covenant or institute any action or proceeding at law or in equity against any person violating or threatening to violate any of the restrictive covenants Restrictive covenants

Provisions that place constraints on the operations of borrowers, such as restrictions on working capital, fixed assets, future borrowing, and payment of dividends.
. Rather, such right inures to the individual owners of the property," Nastaki wrote.

The court decision expected to be issued in the coming weeks is expected to address this issue, Winiarsky said.

Kaufman said he never wanted to resort to the drastic step of suing his neighbors. A resident of the Edgewater Point neighborhood since 1958, Kaufman said he had few problems up until three years ago.

In fact, when he moved to the neighborhood he acquired land for a tennis court, nature preserve and Chinese pagoda pagoda (pəgō`də), name given in the East to a variety of buildings of tower form that are usually part of a temple or monastery group and serve as shrines. . He posted signs inviting his neighbors to share in the amenities, but has since torn them down.

In 1999, Kaufman sued to prevent investment bank Dean Kehler and his wife Elizabeth, who live next door to him, from building a concrete pier that muddied his shoreline by blocking the tides. Kaufman, who believes the pier was built without proper approval, was unsuccessful in the legal battle and the pier remains.

The Kehlers have declined to comment on the matter. In court papers, they said they were repairing a pier that had been destroyed during a storm and that village and state officials had found that the pier had caused no damage to the area.

Other disputes involved owners who rented out their property and a woman who allowed her parents to live in a neighboring neigh·bor  
n.
1. One who lives near or next to another.

2. A person, place, or thing adjacent to or located near another.

3. A fellow human.

4. Used as a form of familiar address.

v.
 house she owns.

Tensions escalated in the years that have followed and some neighbors have complained that Kaufman is interpreting the rules for his own benefit and trying to impose his will through the courts.

Kaufman said, over the years, he has been involved in some "hot litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
" and, although this involves his residential rather than commercial property, this is another example of the types of issues he's tackled over the years.

"We've won a lot for the real estate industry and I think that's what we're doing now," he said.
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Article Details
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Author:Keith, Natalie
Publication:Real Estate Weekly
Article Type:Brief Article
Geographic Code:1USA
Date:May 8, 2002
Words:885
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