Blodnick, Fazio & Associates PC obtained a preliminary injunction to block the eviction of its client, S.J.K.K. Tennis, Inc., from Bethpage State Park’s tennis facility.
Apr 12, 2010 – Blodnick, Fazio & Associates PC obtained a preliminary injunction to block the eviction of its client, S.J.K.K. Tennis, Inc., from Bethpage State Park’s tennis facility. In his April 6 decision, Nassau County Supreme Court Judge Stephen A. Bucaria granted a preliminary injunction to block the eviction that was being sought by Confer Bethpage, LLC.
In its motion, Blodnick, Fazio & Associates PC asserted that the concession agreement Confer Bethpage acquired from Global Golf, Inc. four years ago did not include the rights to the tennis facility. The firm argued those rights were given to S.J.K.K. Tennis under the original agreement and Confer Bethpage willfully violated the contract by attempting to oust its client from the tennis facility before the contract expired.
Global Golf entered into an agreement with the New York State Parks Department on March 3, 1998 for operation and maintenance of Bethpage State Park’s golf and tennis facilities. On June 16, 1999, S.J.K.K. Tennis entered into a written contract with Global Golf to own, operate, manage and occupy the tennis facility until December 31, 2017. S.J.K.K. Tennis obtained a Small Business Administration loan in excess of $1 million to install and maintain “bubbles” — or indoor enclosures — for eight of the 12 tennis courts. The loan would be funded through concession revenues.
When Bethpage State Park hosted the U.S. Open golf tournament in 2002, Global Golf instructed S.J.K.K. Tennis to take down the “bubbles” and then restore them when the tournament ended, which S.J.K.K. Tennis agreed to do at its own expense. S.J.K.K. Tennis has continued to maintain the tennis facility at its own cost and expense.
In December 2006, Global Golf sold some of its assets to Confer Bethpage. In addition, Global Golf assigned the concession agreement with the state to Confer Bethpage without consideration. The state, in turn, agreed to the transfer of the concession agreement.
On January 26, 2010, in a failed attempt to get money during contract renegotiations, Confer Bethpage sought to evict S.J.K.K. Tennis, although there were seven years remaining on the original contract. Blodnick, Fazio & Associates filed a motion at Nassau County Supreme Court on March 15 to block the eviction.
“We are pleased to have our preliminary injunction granted in this very complex case,” said Thomas Fazio, Partner, Blodnick, Fazio & Associates PC. “Our client had to borrow money and even put up houses as collateral in order to finance these improvements made to the tennis facility. We believe that the defendants failed to honor the contract they had with our client. This contract has a remaining value of $3-5 million or more, and the actions the defendants have taken against our client are egregious and inappropriate.”
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