Dodge Street, LLC v. Livecchi

32 F. App'x 607
CourtCourt of Appeals for the Second Circuit
DecidedApril 5, 2002
DocketNo. 01-7373
StatusPublished
Cited by6 cases

This text of 32 F. App'x 607 (Dodge Street, LLC v. Livecchi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dodge Street, LLC v. Livecchi, 32 F. App'x 607 (2d Cir. 2002).

Opinion

SUMMARY ORDER

AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby AFFIRMED.

Defendants-Appellants Charles R. Livecchi and C.R.L. Management, Inc. appeal from a judgment entered February 27, 2001, in the United States District Court for the Western District of New York (Michael A. Telesca, Judge) granting summary judgment in favor of Plaintiff Appellee Dodge Street, LLC and dismissing all of the defendants’ claims. For the reasons stated below, we affirm the judgment of the District Court.

[609]*609FACTUAL AND PROCEDURAL BACKGROUND

This appeal arises from an acrimonious eviction proceeding that occurred in late 1998. On November 12, 1998, Dodge Street, LLC (“Dodge Street”) purchased the Cambridge Court Apartments, a large residential apartment complex in Rochester, New York, at a public non-judicial foreclosure auction pursuant to the Multi Family Mortgage Foreclosure Act, 12 U.S.C. §§ 3701-17. Charles R. Livecchi (“Livecchi”), the former owner of the property, and C.R.L. Management (“CRL”), a corporation owned solely by Livecchi, conducted a property management business out of an apartment unit in the property.

On December 16, 1998, a closing was held and title to the property passed to Dodge Street. The next day, on December 17, 1998, Dodge Street served a “Notice to Vacate the Premises” on Livecchi and CRL. The notice informed Livecchi that Dodge Street was now the owner of the property and terminated CRL’s contract to manage the building. Upon presenting the notice, Dodge Street demanded that Livecchi turn over all business records concerning Cambridge Court and immediately vacate the premises. Livecchi refused to immediately vacate, and on December 18, 1998, Dodge Street moved by Order to Show Cause before the United States District Court for the Western District of New York seeking a declaration of the parties’ rights and liabilities, ejectment of Livecchi and CRL from the property, damages for trespass, and an order directing CRL to turn over certain books and records concerning the management of the premises, keys, and residents’ security deposits. The District Court granted a temporary restraining order against CRL enjoining and restraining it from entering the premises and executed the Order to Show Cause requiring CRL to appear on December 23, 1998 to demonstrate why, inter alia, a permanent injunction should not be entered. On the same day, Dodge Street changed the locks so that Livecchi could not reenter his former office.

On December 23, 1998, the parties appeared before the District Court. Livecchi, appearing pro se on behalf of himself and CRL, argued that CRL was a tenant at sufferance that had a valid lease (which expired in May 1999) for one of the apartment units in the property. Dodge Street contended that it was entitled to immediate possession of the property pursuant to 12 U.S.C. § 3713(c) but conceded that CRL was a tenant at sufferance. The District Court found that “[tjhere is no question [that Dodge Street is] entitled to possession of the property,” since Livecchi had not proffered any proof of a leasehold interest. In addition, the District Court attempted to negotiate a settlement between the parties. After an investor of Dodge Street confirmed on the record that he was willing to pay $10,000 in exchange for Livecchi immediately vacating the premises, the following exchange took place:

The Court: Mr. Livecchi, I am going to have to make some arbitrary decisions here. You may not like it. You may not like it. You move out today. You give him ten thousand dollars today.
[Dodge Street Investor]: Yes.
The Court: You give him ten thousand today. You move out today. Find another place. You’re not operating your business now. There is bad blood here. Its no good for either one of you. If you’re in business, you don’t want to be in an environment that is going to affect your business. You can see how upset your wife is. For God sakes, get out. Get out today. He gives [610]*610you ten thousand dollars today and you make the transfers of whatever and don’t come back here again. Gentlemen, you’re accomplished real estate investors and entrepreneurs. You don’t belong here in Federal Court two days before Christmas. Work out a deal. Don’t come back here. Work out a deal like gentlemen and like businessmen. A deal is a deal.
Mr. Livecchi: That’s true, your Honor.
The Court: Okay.
Mr. Livecchi: A deal is a deal.
The Court: I don’t see anything else to decide on this matter. Submit an order. Give him ten grand today. You move out today.

In an order entered the same day as the conference, the District Court enjoined and restrained CRL and Livecchi from entering the premises. The terms of the proposed settlement were also incorporated in the order.1 Later the same day, under the direction of federal marshals, Livecchi was permitted an opportunity to return to Cambridge Court to remove his business records. Livecchi contends, however, that he was not afforded adequate time to remove his property and that Dodge Street confiscated his records, furniture and other property. Despite being dissatisfied with his opportunity to regain his property, Livecchi did not petition the court to enforce the court’s order. Moreover, he accepted the promised $10,000 from Dodge Street.

Livecchi and CRL appealed the District Court’s injunction to this court in January 1999. We denied relief, holding that by the time the appeal was heard CRL no longer had a right to enter or occupy its former office in Cambridge Court, thereby rendering the issue of injunctive relief moot. On February 3, 1999, Livecchi and CRL answered Dodge Street’s complaint and counterclaimed seeking monetary damages for wrongful eviction and destruction of personal property. The defendants claimed that due to Dodge Street’s actions they were unable to collect over $4 million in rent from other properties managed by CRL. The defendants also raised several tort claims, accusing Dodge Street of intentional infliction of emotional distress, intentional interference with contract, and conversion.

In November and December of 2000, each party moved for summary judgment on all claims. On February 27, 2001, the District Court dismissed all of the defendants’ counterclaims, holding that Livecchi and CRL had relinquished any right to raise a claim of wrongful eviction by agreeing to the court-brokered settlement agreement on December 23, 1998. As to the merits of the defendants’ claims, the District Court held that CRL did not have a valid lease, and thus had no property interest in the Cambridge Court apartment. Therefore, Dodge Street could not [611]*611have -wrongfully evicted CRL. Finally, the court held that the defendants’ tort claims were either waived by the settlement agreement or were otherwise meritless.

DISCUSSION

On appeal, Livecchi’s primary contention is that by the terms of 12 U.S.C. § 3713

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Bluebook (online)
32 F. App'x 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodge-street-llc-v-livecchi-ca2-2002.