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.
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GS GOLDBERG SEGALLALLP
Direct 860.760.3320|
Stacey L. Pitcher
| Partner
spitcher@goldbergsegalla.com
August 17, 2017
VIA ECF
Honorable Victor G. Grossman
Dutchess County Courthouse
10 Market Street
Poughkeepsie, NY 12601
Re: Board of Managers of Van Wyck Glen Condominium, et al v. Van Wyck
at Merrit Park Homeowners Association, Inc., et al, Index No. 50017/2017
Honorable Victor G. Grossman:
Plaintiffs and Counter-Claim Defendants, through counsel, jointly request that this Court issue an
Amended Order requiring Sterling National Bank to unfreeze Account No. XXXXXX1163.
On August 7, 2017, the parties appeared on Counter-Claim Plaintiffs’ Order to Show Cause. In
response to the Court’s concerns regarding the HOA’s ability to make necessary repairs, the
undersigned explained that McGrath Management had opened a new account (Account No.
XXXXXX1163), that contains approximately $16,000. “So I don’t believe there is any actual
immediate harm because any bills that arise are being taken care of.” This Court ultimately
interpreted Judge Sproat’s earlier order that the Board of Managers not interfere with the HOA to
mean that if the HOA forwards a bill, “then those monies are going to be paid from the existing
funds at Sterling Bank.”
Following the parties’ appearance before this Court, it was discovered that Sterling National
Bank had subsequently frozen the newly opened account due to the pending litigation. On
th
August 7 , counsel for the Plaintiffs immediately informed Sterling National Bank of the Court’s
Order and requested that the account be unfrozen. However, Sterling National Bank refused to
unfreeze the account until after receipt of the transcript from the Hearing. Not knowing how
long the transcript would take, on August 9th, the undersigned requested that Attorney Kalter,
counsel for Counter-Claim Plaintiffs, inform Sterling National Bank that it was permitted to
unfreeze that one account. Attorney Kalter refused to make that representation without first
seeing the transcript from the Hearing. That transcript was made available to the parties and was
forwarded on to Sterling Bank on August 15th. Sterling National Bank felt that the transcript did
not provide the needed clarity and asked counsel for the Plaintiffs to confirm that it could
unfreeze that one account. On August 17th, Attorney Forman refused to make that representation
without further order of the Court.
711 3rd Avenue, Suite 1900| New York, NY 10017 | 646.292.8700 | Fax 860.760.3301 | www.GoldbergSegalla.com
NEW YORK | ILLINOIS | FLORIDA | MARYLAND | MISSOURI | NORTH CAROLINA | PENNSYLVANIA | NEW JERSEY | CONNECTICUT | UNITED KINGDOM
August 17, 2017
Page 2
During the August 7th Hearing, this Court stated, “if there is a dispute over these issues, you are
going to come back to me very quickly.” Accordingly, Plaintiffs and Counter-Claim Defendants
jointly request that this Court issue an Amended Order requiring Sterling National Bank to
unfreeze Account No. XXXXXX1163, or in the alternative, to order counsel for Counter-Claim
Plaintiffs to inform Sterling National Bank that it is permissible to unfreeze the account.
Very truly yours,
/1&- A ,L
Stacey L. Pitcher
SLP:
Cc: Terry Forman, Esq.
Ivan Kalter, Esq.
Anthony C. Carlini, Jr., Esq.
Christopher A. Albanese, Esq.
George Dieter, Esq.
Document Filed Date
August 17, 2017
Case Filing Date
January 04, 2017
Category
Commercial - Contract
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GS GOLDBERG SEGALLALLP Direct 860.760.3320| Stacey L. Pitcher | Partner spitcher@goldbergsegalla.com August 17, 2017 VIA ECF Honorable Victor G. Grossman Dutchess County Courthouse 10 Market Street Poughkeepsie, NY 12601 Re: Board of Managers of Van Wyck Glen Condominium, et al v. Van Wyck at Merrit Park Homeowners Association, Inc., et al, Index No. 50017/2017 Honorable Victor G. Grossman: Plaintiffs and Counter-Claim Defendants, through counsel, jointly request that this Court issue an Amended Order requiring Sterling National Bank to unfreeze Account No. XXXXXX1163. On August 7, 2017, the parties appeared on Counter-Claim Plaintiffs’ Order to Show Cause. In response to the Court’s concerns regarding the HOA’s ability to make necessary repairs, the undersigned explained that McGrath Management had opened a new account (Account No. XXXXXX1163), that contains approximately $16,000. “So I don’t believe there is any actual immediate harm because any bills that arise are being taken care of.” This Court ultimately interpreted Judge Sproat’s earlier order that the Board of Managers not interfere with the HOA to mean that if the HOA forwards a bill, “then those monies are going to be paid from the existing funds at Sterling Bank.” Following the parties’ appearance before this Court, it was discovered that Sterling National Bank had subsequently frozen the newly opened account due to the pending litigation. On th August 7 , counsel for the Plaintiffs immediately informed Sterling National Bank of the Court’s Order and requested that the account be unfrozen. However, Sterling National Bank refused to unfreeze the account until after receipt of the transcript from the Hearing. Not knowing how long the transcript would take, on August 9th, the undersigned requested that Attorney Kalter, counsel for Counter-Claim Plaintiffs, inform Sterling National Bank that it was permitted to unfreeze that one account. Attorney Kalter refused to make that representation without first seeing the transcript from the Hearing. That transcript was made available to the parties and was forwarded on to Sterling Bank on August 15th. Sterling National Bank felt that the transcript did not provide the needed clarity and asked counsel for the Plaintiffs to confirm that it could unfreeze that one account. On August 17th, Attorney Forman refused to make that representation without further order of the Court. 711 3rd Avenue, Suite 1900| New York, NY 10017 | 646.292.8700 | Fax 860.760.3301 | www.GoldbergSegalla.com NEW YORK | ILLINOIS | FLORIDA | MARYLAND | MISSOURI | NORTH CAROLINA | PENNSYLVANIA | NEW JERSEY | CONNECTICUT | UNITED KINGDOM August 17, 2017 Page 2 During the August 7th Hearing, this Court stated, “if there is a dispute over these issues, you are going to come back to me very quickly.” Accordingly, Plaintiffs and Counter-Claim Defendants jointly request that this Court issue an Amended Order requiring Sterling National Bank to unfreeze Account No. XXXXXX1163, or in the alternative, to order counsel for Counter-Claim Plaintiffs to inform Sterling National Bank that it is permissible to unfreeze the account. Very truly yours, /1&- A ,L Stacey L. Pitcher SLP: Cc: Terry Forman, Esq. Ivan Kalter, Esq. Anthony C. Carlini, Jr., Esq. Christopher A. Albanese, Esq. George Dieter, Esq.