On January 04, 2017 a
Letter,Correspondence
was filed
involving a dispute between
Board Of Managers Of Van Wyck Glen Condominium,
The Board Of Managers Of Van Wyck Meadows Condominium, A Condominium Created Pursuant To Article 9-B Of The Real Property Law, On Behalf Of Its Unit Owners,
and
Anthony Costa,
Dick Hack,
Van Wyck At Merritt Park Homeowners Association, Inc.,
for Commercial - Contract
in the District Court of Dutchess County.
Preview
FILED: DUTCHESS COUNTY CLERK 07/03/2019 04:44 PM INDEX NO. 2017-50017
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 07/03/2019
"F"
EXHIBIT
FILED: DUTCHESS COUNTY CLERK 07/03/2019 04:44 PM INDEX NO. 2017-50017
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 07/03/2019
HAN D E LÂ July 30, 201.8
CARLINI ne
ATEORNEYS A¯f l-AW Transmitted Via Emailmeorgedietart&c/2a.com
M6AMM¾NDELt-AkijNr£OM
George Dieter, Esq.
P 845.454.2221 Law Offices of Lori Fishman
F 845.297.2250 120 White Plains Road, Suite 220
MAIN OFFICE
a OWn,wew vow re t
(RESPONDNERE)
1984 New HACWNSACN ROAD YanSmitted Via Email: terryformg±§{ã}[LveJr.com
POUGHKEEPsæ,NY 12603
WAMNGERS ÛFPlCE
a ap an, Zeiger & Fornian
62 A EAST MAIN STREET 6166 State Route 42
WAPPINGERs FAu-s, NY 12590 PO Box 30
POUGHKEEPSIE OFFICE
POUGHKE S P A D
yCk Glen Condominium et. al.
StilTE 201 A v. Van Wyck At Merritt Park Homeowners Association, Inc. et. al.
POUGHKEEPRR NY 12601
Index No.: 2017250017
Newsunas OFFICE .
372 Fuu2nroN AVENUE Oear COURSelOrS:
NEWBURGH, NY 12550
I have discussed this matter in more detai with my clients. I can report that Van
Wyck Meadows 1 and Van Wyck Glen are in favor of a stand still agreement in
the litigation which would provide them the opportunity to call a special meeting
to vote on an amendment to the bylaws. I am not clear what Van Wyck Meadows
.2 position is on this yet. The proposed amendment would remove any reference
to an assigmnent from the Board of Managers to the Board of Directors of the
HOA of the powers and duties which are at issue in the litigation. If the vote is
successful then the litigation would be greatly simplified and potentially
discontinued. It was thought that an official vote would be more advantageous
and would avoid collateral attacks on the validity of the informal vote that was
being discussed between the parties.
It is anticipated that a vote could be scheduled as soon as October or
November. I do not know if the Court would allow the case to remain on hold for
that period of time but the request can be made so that the parties do not
urmecessarily expend additional resources.
Please advise as to your thoughts on the above. As you are aware, we must report
to the Court on July 31, 2018 regarding the status of settlement talks.
I look forward to hearing from you.
Very tr yours,
HA1 L & CARLINI, LLP
Anthony C. Carlini, Jr., Esq.
ce; Van Wyck Meadows I (Via email)
Van Wyck Glen (Via email)
Dove A B. Burns, Esq. (Via email)
Stacey Pitcher, Esq. (Via email)
Laura K. Brecher, Esq. (Via email)
Richard S. Sklarin, Esq. (Via email)
Document Filed Date
July 03, 2019
Case Filing Date
January 04, 2017
Category
Commercial - Contract
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FILED: DUTCHESS COUNTY CLERK 07/03/2019 04:44 PM INDEX NO. 2017-50017 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 07/03/2019 "F" EXHIBIT FILED: DUTCHESS COUNTY CLERK 07/03/2019 04:44 PM INDEX NO. 2017-50017 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 07/03/2019 HAN D E L July 30, 201.8 CARLINI ne ATEORNEYS A¯f l-AW Transmitted Via Emailmeorgedietart&c/2a.com M6AMM¾NDELt-AkijNr£OM George Dieter, Esq. P 845.454.2221 Law Offices of Lori Fishman F 845.297.2250 120 White Plains Road, Suite 220 MAIN OFFICE a OWn,wew vow re t (RESPONDNERE) 1984 New HACWNSACN ROAD YanSmitted Via Email: terryformg±§{ã}[LveJr.com POUGHKEEPsæ,NY 12603 WAMNGERS ÛFPlCE a ap an, Zeiger & Fornian 62 A EAST MAIN STREET 6166 State Route 42 WAPPINGERs FAu-s, NY 12590 PO Box 30 POUGHKEEPSIE OFFICE POUGHKE S P A D yCk Glen Condominium et. al. StilTE 201 A v. Van Wyck At Merritt Park Homeowners Association, Inc. et. al. POUGHKEEPRR NY 12601 Index No.: 2017250017 Newsunas OFFICE . 372 Fuu2nroN AVENUE Oear COURSelOrS: NEWBURGH, NY 12550 I have discussed this matter in more detai with my clients. I can report that Van Wyck Meadows 1 and Van Wyck Glen are in favor of a stand still agreement in the litigation which would provide them the opportunity to call a special meeting to vote on an amendment to the bylaws. I am not clear what Van Wyck Meadows .2 position is on this yet. The proposed amendment would remove any reference to an assigmnent from the Board of Managers to the Board of Directors of the HOA of the powers and duties which are at issue in the litigation. If the vote is successful then the litigation would be greatly simplified and potentially discontinued. It was thought that an official vote would be more advantageous and would avoid collateral attacks on the validity of the informal vote that was being discussed between the parties. It is anticipated that a vote could be scheduled as soon as October or November. I do not know if the Court would allow the case to remain on hold for that period of time but the request can be made so that the parties do not urmecessarily expend additional resources. Please advise as to your thoughts on the above. As you are aware, we must report to the Court on July 31, 2018 regarding the status of settlement talks. I look forward to hearing from you. Very tr yours, HA1 L & CARLINI, LLP Anthony C. Carlini, Jr., Esq. ce; Van Wyck Meadows I (Via email) Van Wyck Glen (Via email) Dove A B. Burns, Esq. (Via email) Stacey Pitcher, Esq. (Via email) Laura K. Brecher, Esq. (Via email) Richard S. Sklarin, Esq. (Via email)