2015 NY Slip Op 50089

Citation: 2015 NY Slip Op 50089
Jurisdiction: New York (state)
Source: Official source
Original Source: https://www.nycourts.gov/reporter/3dseries/2015/2015_50089.htm ↗

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the corporation until about 2008. Irwin Brenner became involved in September 1989 and
"pretty much did whatever his talents allowed him to do at that time"; he worked for the
purposes of making it easier for the corporation until Fred Brenner finally decided to
retire.

He informed the court that he was a dentist in Central Pennsylvania, and
after his father's second divorce, he was asked if he was interested in coming into the
business. He said he was "kind of surprised" since him and his father did not have an
ongoing relationship. However, as a result of this transition from Fred Brenner operating
the business until he decided to retire, the parties retained an attorney to set up the real
estate trust and lease agreement.

He further testified that in the beginning, he had 20% ownership transferred
to him in the first 3 years, which brings him until about 1992 or 1993. He was not certain
of the year. However, he was certain that Fred Brenner was the President until around
January 2008 and from at least 2004 to 2008, Fred Brenner never paid rent in excess of
$225,000.00 a year for the property. He stated to the Court that Fred Brenner had the
authority to pay the rent increase because he was in control of the checks, he was the
President and ran the financial end of the operation but he did not. The witness further
stated that from 2004 until April 2013, during the time that he operated the business, no
written or oral request was ever made for any CPI increase.

According to the witness, and strenuously objected to by Petitioner's
attorney, the first demand for the CPI increases was made in May 2013 when he received
Petitioner's Exhibit "6", the May 2013 letter from Jodi Brenner and Fred Brenner to him