The time might be near for the completion of the Town’s purchase of some of the Roslyn Country Club property, but it is up to each of us to decide how to proceed…
LITIGATION: LAST WEEK IN COURT…
CORONA SEEKS DISMISSAL.
POTENTIAL FIRST STEP TOWARD REOPENING THE RCC
Responses if Any Due March 19
Back in Court April 2
In Court This Week. Tuesday, we were once again in Court. There, we discussed expectations from Corona’s anticipated application for dismissal of the Roslyn Country Club litigation in which so many residents have engaged for years (Corona is the company that owns the Club real estate—Manny Malekan is Corona’s principal). Later that day, Corona’s attorneys, Jaraslawicz and Jaros LLC (J&J), filed its papers. Corona used a legal tool called an “Order to Show Cause” (OSC). The filing, running 200+ pages, can be downloaded on J&J’s website at http://www.jaroslawiczandjaros.com/documents/Corona-Realty-Order-to-Show-Cause.pdf.
Result of a Potential Dismissal. If Corona’s OSC is granted as requested, our cases would each be dismissed. Such a dismissal would satisfy a key requirement of Corona’s contract (Land Sale Agreement) to sell 7+ acres of Club land to the Town of North Hempstead (TONH). That transfer would be the first concrete step in reopening the RCC once again as “our Club” under the TONH plan. The dismissals requested would only be effective upon transfer of the Club land to the TONH.
Only Corona and the TONH are parties to the Land Sale Agreement. As a result, we cannot control whether they “work and play well” with one another and take all the steps that will actually result in the land transfer, although each party says it is eager to complete the deal. The Land Sale Agreement is part of the OSC available on the J&J website refered to above. Also, see below.
History in a Nutshell. If you are not up to date, some key points learned from TONH about the currently planned reopening of Roslyn Country Club are:
• Corona, in September, signed the Land Sale Agreement to sell the 7+ acres of Roslyn Country Club land to the TONH;
• TONH formed a “special improvement district” comprising about 700 homes in the greater RCC area that would run the RCC;
• Net costs of improving and operating the Club will be supported by district taxpayers (us!), who may use the Club each year without payment of additional membership fees; and
• Funding for approximately $7 million in renovation and improvements to Club by issuance of TONH bonds has already been approved;
The brand-new, rebuilt and reopened facility would offer tennis, swimming, dining, etc. at the center of our community, providing a significant recreational and lifestyle boost to residents. Realtors advise that such facilities attract buyers and have consistently opined that our home values will enjoy a much-needed boost as a result.
Some Concerns. Like many contracts, the Land Sale Contract requires a closing to happen only if specified events occur first. Key among them is that our lawsuits against Corona must be dismissed—the OSC now before the Court could effect such a dismissal. However, according to that contract, as we understand it, if the dismissal does not occur by March 11, the agreement may (but need not) be terminated. This deadline will not be satisfied by the OSC. However, Corona’s attorney said she is in discussions with her client about its willingness to revise the March 11 date, so a dismissal via the OSC could satisfy the revised deadline and require the land transfer to proceed. Once again, the dismissals, as we understand the OSC, would be effective only upon the land transfer. So if the contract is terminated, we do not believe the OSC as written would require dismissals.
We are also concerned that if a single resident or group of residents choose to continue litigating, the impact on both the transfer of land and the claims the rest of the residents is difficult to predict and could be negative.
What to Expect at This Point. You are not obligated to take any action unless you wish to file papers of your own (or have an attorney file them for you). The OSC indicates papers must be filed by March 19, 2014. If you want legal advice or analysis you should consult with an attorney.
You Will Not Recive the OSC Personally. Corona will not serve you with OSC papers because the Judge agreed to their request for “service by publication” under New York law. This means that Corona will serve you by printing notices in Newsday and The Roslyn News. That notice will: (1) give basic information about the OSC: (2) refer to J&Js website where you can download it; and (3) provide a phone number where you can request a paper copy (at your expense). The website where J&J posted the OSC is above and the phone is 212-227-2780.
PLEASE DO NOT HESITATE TO CALL OR EMAIL US WITH YOUR QUESTIONS OR COMMENTS!