Suit filed against new owners?

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thatscaryguy
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Suit filed against new owners?

Post by thatscaryguy » Sun Jan 25, 2015 4:11 pm

Just browsing around the net and came across this.....
Some type of lawsuit being filed against the new owners?
"Partner, Sanford L. Dow, and associate, Kat Gonyea, have filed suit on behalf of 112 Ocean Associates, LLC, against David and Caroline D’Antonio, the current owners of the Amityville Horror House in Amityvi…lle, New York, for specific performance to compel the sale of the property to the Firm’s client and to enforce the parties earnest money contract."
http://dowgolub.com/2014/08/05/partner- ... -house-in/

Amityville Rock
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Re: Suit filed against new owners?

Post by Amityville Rock » Sun Jan 25, 2015 6:59 pm

what the heck :think:
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BooshaGirl
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Re: Suit filed against new owners?

Post by BooshaGirl » Mon Jan 26, 2015 2:12 pm

Yeah, I don't understand it, either.

kathyM
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Re: Suit filed against new owners?

Post by kathyM » Mon Jan 26, 2015 3:38 pm

This is in legal speak. I need a translator. :)

thatscaryguy
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Re: Suit filed against new owners?

Post by thatscaryguy » Mon Jan 26, 2015 9:03 pm

That was the problem I was having. I'm clueless with real estate laws :/
Noticed on another topic that someone had found where the house might have went back up for sale in 2012 or 2013. Wonder if that had something to do with it? Possibly?

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DC Fan
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Re: Suit filed against new owners?

Post by DC Fan » Mon Jan 26, 2015 11:25 pm

It looks like somebody is claiming to have a valid contract including a deposit with the D'Antonios to purchase the house from them, at least in August of 2014. Instead of monetary damages to compensate them, they seek to have the court order the "specific performance" of that sale. Although I also never heard of any sale of the house.

http://legal-dictionary.thefreedictiona ... erformance

Maybe somebody who is a lawyer can do a corporate name search on this 112 Ocean Associates LLC or see if this suit ever was actually filed. I tried googling it and only came up with the same article from that law firm.

Victoria Principles
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Re: Suit filed against new owners?

Post by Victoria Principles » Tue Jan 27, 2015 7:31 am

Perhaps our resident lawyer, Scipio can provide some insight on this.

vvi
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Re: Suit filed against new owners?

Post by vvi » Tue Jan 27, 2015 1:57 pm

So who actually owns the house?

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DC Fan
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Re: Suit filed against new owners?

Post by DC Fan » Tue Jan 27, 2015 11:01 pm

vvi wrote:So who actually owns the house?
As far as I know the D'Antonios continue to own it. Even if someone actually did file this suit it doesn't mean that whoever it is will get what they want. I can tell you that much, but researching whether the case has been filed and its progress or pleadings or what is likely to happen is beyond me.

Perhaps Scipio can shine more light on this, if he is interested.

vvi
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Re: Suit filed against new owners?

Post by vvi » Wed Jan 28, 2015 2:54 pm

How come there always seems to be problems when someone buys this house?

scipio-USMC
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Re: Suit filed against new owners?

Post by scipio-USMC » Thu Jan 29, 2015 6:32 am

thatscaryguy wrote:Just browsing around the net and came across this.....
Some type of lawsuit being filed against the new owners?
"Partner, Sanford L. Dow, and associate, Kat Gonyea, have filed suit on behalf of 112 Ocean Associates, LLC, against David and Caroline D’Antonio, the current owners of the Amityville Horror House in Amityvi…lle, New York, for specific performance to compel the sale of the property to the Firm’s client and to enforce the parties earnest money contract."
http://dowgolub.com/2014/08/05/partner- ... -house-in/
Ok this is easy.

Specific performance means to require a party to complete the terms of a contract. Usually you sue for money damages for breach. Specific performance is asking a court to force the party to instead obey the terms of the contract. It is usually in connection with unique property like land but judges often won't force a party to complete the terms they often require the plaintiff to request damages instead which usually are minimal.

This suit basically says that the D'Antonios contracted to sell the property to 112 Ocean Associates LLC. but changed their mind and refuse to compollete the sale so the plaintiff wants the court to compel them to complete the sale. The D'Antonios might have decided to give the deposit back or decided to keep it claiming it is nonrefundable.

A court can order the deposit returned, could force the sale to occur though that rarely happens, or could allow the current ownders to refuse ot sell plus allow them to keep the deposit.

I woudl have to look at the complaint to try to see if it indicates why the owners refuse to complete the sale.

scipio-USMC
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Re: Suit filed against new owners?

Post by scipio-USMC » Thu Jan 29, 2015 6:49 am

DC Fan wrote:It looks like somebody is claiming to have a valid contract including a deposit with the D'Antonios to purchase the house from them, at least in August of 2014. Instead of monetary damages to compensate them, they seek to have the court order the "specific performance" of that sale. Although I also never heard of any sale of the house.

http://legal-dictionary.thefreedictiona ... erformance

Maybe somebody who is a lawyer can do a corporate name search on this 112 Ocean Associates LLC or see if this suit ever was actually filed. I tried googling it and only came up with the same article from that law firm.
The suit was disposed of a couple of months after it was filed.

Here is what is available online:

Court: Suffolk Civil Supreme

Index Number: 009477/2014

Case Name: TABAT, COHEN, BLUM & YOVINO, vs. D'ANTONIO, TINA

Case Type: Other Special Proceedings - Nt

Track: Standard

RJI Filed: 05/19/2014

Date NOI Due:

NOI Filed:

Disposition Date: 07/09/2014

Calendar Number:

Jury Status:

Justice Name: PETER H. MAYER

Here is the judgment which confirms an order for damages (presumably the return of the down payment). So maybe the complaint asked for specific performance of an arbitration reward not the force a slae though it coudl have asked for the sale ot be forced i would have to read it to see. The complaint is not available oline though.

http://decisions.courts.state.ny.us/fca ... 00SCIV.pdf

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DC Fan
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Re: Suit filed against new owners?

Post by DC Fan » Thu Jan 29, 2015 4:40 pm

Scipio:

I don't understand how this could possibly be the same case. This does not involve David and Caroline d'Antonio of Amityville in something filed in August of 2014. It appears to be one of those situations, involving different litigants, where someone is seeking to enforce an arbitrator's order by filing it with the court.

At any rate if you can't find anything, thanks for trying. I have doubts that this suit was ever filed, although I'm not sure why it would be posted on a law firm's website. :think:

scipio-USMC
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Re: Suit filed against new owners?

Post by scipio-USMC » Thu Jan 29, 2015 8:37 pm

DC Fan wrote:Scipio:

I don't understand how this could possibly be the same case. This does not involve David and Caroline d'Antonio of Amityville in something filed in August of 2014. It appears to be one of those situations, involving different litigants, where someone is seeking to enforce an arbitrator's order by filing it with the court.

At any rate if you can't find anything, thanks for trying. I have doubts that this suit was ever filed, although I'm not sure why it would be posted on a law firm's website. :think:
If she is not related to David and Caroline then the case was not filed in NY State Court. Filing in federal court makes no sense unless the plaintiff is out of state but venue would still be proper in NY. Tomorrow I will do a search on pacer. The federal courts require you to register to do a search and charge you. It is a load of BS considering they don't incur any fees but it is one more way for the government to make money.

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DC Fan
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Re: Suit filed against new owners?

Post by DC Fan » Thu Jan 29, 2015 11:26 pm

scipio-USMC wrote:
DC Fan wrote:Scipio:

I don't understand how this could possibly be the same case. This does not involve David and Caroline d'Antonio of Amityville in something filed in August of 2014. It appears to be one of those situations, involving different litigants, where someone is seeking to enforce an arbitrator's order by filing it with the court.

At any rate if you can't find anything, thanks for trying. I have doubts that this suit was ever filed, although I'm not sure why it would be posted on a law firm's website. :think:
If she is not related to David and Caroline then the case was not filed in NY State Court. Filing in federal court makes no sense unless the plaintiff is out of state but venue would still be proper in NY. Tomorrow I will do a search on pacer. The federal courts require you to register to do a search and charge you. It is a load of BS considering they don't incur any fees but it is one more way for the government to make money.

The law firm in the original post link professing to have filed the lawsuit is in Houston, according to their website. Whether you want to do something that will cost you money is entirely your call.

scipio-USMC
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Re: Suit filed against new owners?

Post by scipio-USMC » Fri Jan 30, 2015 9:27 am

DC Fan wrote:
scipio-USMC wrote:
DC Fan wrote:Scipio:

I don't understand how this could possibly be the same case. This does not involve David and Caroline d'Antonio of Amityville in something filed in August of 2014. It appears to be one of those situations, involving different litigants, where someone is seeking to enforce an arbitrator's order by filing it with the court.

At any rate if you can't find anything, thanks for trying. I have doubts that this suit was ever filed, although I'm not sure why it would be posted on a law firm's website. :think:
If she is not related to David and Caroline then the case was not filed in NY State Court. Filing in federal court makes no sense unless the plaintiff is out of state but venue would still be proper in NY. Tomorrow I will do a search on pacer. The federal courts require you to register to do a search and charge you. It is a load of BS considering they don't incur any fees but it is one more way for the government to make money.

The law firm in the original post link professing to have filed the lawsuit is in Houston, according to their website. Whether you want to do something that will cost you money is entirely your call.
The only cases filed between 1/1/14 and 9/1/14 in the Eastern District of NY with a D'Antonio as a defendant was a case against Henrietta D'Antonio. No suits ever filed in the district with 112 Ocean Associates, LLC as a party.

No cases filed between 1/1/14 and 10/1/14 by or against anyone with the last name D'Antonio in the Southern District of Texas which covers the area where the firm is located. Again though venue would be improper anywhere except the Eastern District since the alleged sale contract was allegedly made there plus that is where the property is located.

If someone really wants to know if it was bogus they shoudl contact the attorney in question, let him know about the claim in case it is false and he wants to get it deleted and ask if it was true or not since no record can be found and if true find out what court it was filed in.

If no RJI was filed then maybe nothing shows up in a search of the NY Court online database? Until an RJI is filed the suit basically consists of you filing documents and the other party being able to file documents. The RJI request results in a judge being appointed to the case. I still don't know why a Texas firm would handle a state court action though and they would have to be permitted to practice Pro Hac Vice since he is not licensed in NY otherwise to associate with a NY firm and be co-counsel.

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Re: Suit filed against new owners?

Post by Brooke Forrester » Sun Feb 01, 2015 11:32 am

vvi wrote:How come there always seems to be problems when someone buys this house?
I think there are problems with a lot of houses/real estate but you just don't hear about it like this one.

The house across the street from me had an 18 year old boy commit suicide in it, and some years later his father committed suicide in it over grief and guilt about it.

The woman who moved in after, a single mom with a handicapped child, eventually had a nervous breakdown after having a 2nd baby, and trashed the house and painted the walls black.

And I don't think the Cromarty's had any problems outside of the trespassers. I didn't hear of Wilson having problems either.

Victoria Principles
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Re: Suit filed against new owners?

Post by Victoria Principles » Mon Feb 02, 2015 2:34 pm

Brooke Forrester wrote:
vvi wrote:How come there always seems to be problems when someone buys this house?
I think there are problems with a lot of houses/real estate but you just don't hear about it like this one.

The house across the street from me had an 18 year old boy commit suicide in it, and some years later his father committed suicide in it over grief and guilt about it.

The woman who moved in after, a single mom with a handicapped child, eventually had a nervous breakdown after having a 2nd baby, and trashed the house and painted the walls black.

And I don't think the Cromarty's had any problems outside of the trespassers. I didn't hear of Wilson having problems either.

The Cromarty's had a son who died from a drug overdose while they owned the house. Whether he died in the house is unknown.

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kblur77
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Re: Suit filed against new owners?

Post by kblur77 » Mon Feb 09, 2015 2:23 pm

Victoria Principles wrote:
Brooke Forrester wrote:
vvi wrote:How come there always seems to be problems when someone buys this house?
I think there are problems with a lot of houses/real estate but you just don't hear about it like this one.

The house across the street from me had an 18 year old boy commit suicide in it, and some years later his father committed suicide in it over grief and guilt about it.

The woman who moved in after, a single mom with a handicapped child, eventually had a nervous breakdown after having a 2nd baby, and trashed the house and painted the walls black.

And I don't think the Cromarty's had any problems outside of the trespassers. I didn't hear of Wilson having problems either.

The Cromarty's had a son who died from a drug overdose while they owned the house. Whether he died in the house is unknown.
There will probably be a book about it someday?

underthegarden
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Psychic's glimpse into the real Amityville haunting

Post by underthegarden » Wed May 11, 2016 1:12 pm

Hi all -

New member here. I found this site after a renewed interest in the Amityville Horror store (renewed because one of my kids watched most of the movie at a slumber party...just like I did so many years ago).

After browsing through recent threads (and feeling late to the party), I'm wondering if the 112 Ocean Ave. property is now vacant due to the mysterious litigation referenced here: http://dowgolub.com/2014/08/05/partner- ... -house-in/

It appears that an entity sued the current owners to compel ownership of the property. I wasn't able to find any further details about the suit, either. No complaint, no filing date, no closing date. Just odd. So I looked into 112 Ocean Associates. There's no NY or TX corporate record for 112 Ocean Associates, though there is a NY record for 112 Ocean Avenue Partners. The listed address for that entity is 666 Old Country Road in Garden City, NY. Linked to the firm of RICHMAN & LEVINE. I love that there's a 666 link to this property. Or I hate it. I can't decide.

Anywho, it's entirely likely that the property is vacant as a result of the 2014 lawsuit filed by Sanford Dow. Based on that attorney's profile, it looks like he typically deals with high value property transactions...as in multi-million dollar property valuations (not below $1M). This leads me to believe that the previous occupants sold the house, maybe had a change of heart (due to lowball valuations) and then were held to their contract. The real question is...who is really behind 112 Ocean Associates (& is 112 Ocean Associates related to 112 Ocean Avenue Partners?). Who is 112 Ocean Avenue Partners (an entity formed 2 months before the lawsuit was filed)?

Just thought I'd throw this out there, since it seems people here love sleuthing around. So much mystery with this house!

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sherbetbizarre
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Re: Suit filed against new owners?

Post by sherbetbizarre » Thu May 12, 2016 3:19 am

Hey, welcome! Yes, we were discussing this a year ago, so I've added your post here.

We're still not sure exactly what happened though...

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