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Wendy Liotti
34 Lexington Street, Westbury, New York 11590 wenlex@aol.com 516 817-8897
June 2, 2023
Hon. Gretchen Walsh
Re: Liotti v ABC Nassau County Index No. 606200/2020
Your Honor,
I write to you as the Licensee of a License Agreement (License) between me
and Defendant Atlantic Beach Club, Inc. (Club) filed as NYSCEF Doc No. 601 for
which I seek rescission and leave to intervene as of right under CPLR 1012 or
permissively under CPLR 1013.
The License was materially breached by the ABC when, without any notice
whatsoever, on or about May 20, 2023 it summarily and willfully removed all of my
personal property from Cabana D-9.
Paragraph 5 of the License requires that the Licensee shall be given “twenty
days of a written notice by Licensor demanding removal of the Personal Property.”
5. Holding Oyer. Licensee shall, on or prior to the Tennination Date, vacate
and relinquish use and occupancy of the License Area. Licensee may,
however, continue to store furniture and other personal property
(collectively, the "Personal Property") in the License Area after the
Termination Date provided that, on or prior to October 1, 2022, Licensee
gives written notice to Licensor of Licensee's termination of use and
occupancy of the License Area and of the intention of Licensee or Licensee's
spouse to apply in January, 2023 to become a member of Licensor for the
2023 season. In the event any such application for membership is not made
or not approved, Licensee shall retrieve the Personal Property from the
License Area within twenty days of receipt of a written notice by Licensor
demanding removal of the Personal Property. If Licensee fails to do so,
Licensor may remove the Personal Property from the License Area and place
it in storage at Licensee~s expense. [Emphasis added.]
NYSCEF Doc No. 601, ¶ 5.
If I had been given 20 days written notice when this Court’s stay was terminated
on May 19, 2023, I could have remained in possession until at least June 8th. But I
was given no notice to remove my property.
As the singular purpose of the License was to provide possessory rights to
Cabana D-9, including the storage of my property, the breach of the Club’s promise to
provide the requisite 20 days’ notice is perforce a material breach.
“Rescission sounds in equity (see generally Willoughby Rehabilitation &
Health Care Ctr., LLC v Webster, 134 AD3d 811, 813-814, 22 N.Y.S.3d 81 [2d
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Dept 2015]), and is appropriate only where, among other things, the status
quo can be " 'substantially restored' " (Singh v Carrington, 18 AD3d 855, 857,
796 N.Y.S.2d 668 [2d Dept 2005], quoting Rudman v Cowles Communications,
30 NY2d 1, 13, 280 N.E.2d 867, 330 N.Y.S.2d 33 [1972]; see Nelson v
Rosenkranz, 166 AD3d 558, 558, 89 N.Y.S.3d 185 [1st Dept 2018]; Sokolow,
Dunaud, Mercadier & Carreras v Lacher, 299 AD2d 64, 71, 747 N.Y.S.2d 441
[1st Dept 2002]). “
Unger v. Ganci, 200 A.D.3d 1604, 1606
With 20-days notice, there would be sufficient time for me to assert my statutory
rights under the Real Property and Proceedings Law requiring a due process right to
a hearing, appeals of same with an automatic stay to apply, and only after the judicial
process ended, the issuance of a warrant to be executed by a Sheriff and not a self-
help eviction.
Accordingly, I seek a determination that the License is rescinded and an Order
restoring me immediately to possession of Cabana D-9. Restoration is a simple matter
and is therefore appropriate. As this is a seasonal rental, time is of the essence.
Yours truly,
/s Wendy Liotti
Wendy Liotti, pro se
P. S. I also note that in a sur-reply, NYSCEF Doc No 659, the Club misleadingly
idocument bearing my signature. All that was filed was a 1-page, 2 paragraph
stipulation. NYSCEF Doc No 574. The NSA was not filed in 2021 or 2022 and
hence no filing fee paid for the NSA. This makes it non-binding under CPLR 2104.
P.P.S I further note that the Club complains about new arguments in Tom’s
Reply/Supplemental Memo. There are no new arguments; only supplemental
support in response to the opposing Memo of Law.
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Wendy Liotti 34 Lexington Street, Westbury, New York 11590 wenlex@aol.com 516 817-8897 June 2, 2023 Hon. Gretchen Walsh Re: Liotti v ABC Nassau County Index No. 606200/2020 Your Honor, I write to you as the Licensee of a License Agreement (License) between me and Defendant Atlantic Beach Club, Inc. (Club) filed as NYSCEF Doc No. 601 for which I seek rescission and leave to intervene as of right under CPLR 1012 or permissively under CPLR 1013. The License was materially breached by the ABC when, without any notice whatsoever, on or about May 20, 2023 it summarily and willfully removed all of my personal property from Cabana D-9. Paragraph 5 of the License requires that the Licensee shall be given “twenty days of a written notice by Licensor demanding removal of the Personal Property.” 5. Holding Oyer. Licensee shall, on or prior to the Tennination Date, vacate and relinquish use and occupancy of the License Area. Licensee may, however, continue to store furniture and other personal property (collectively, the "Personal Property") in the License Area after the Termination Date provided that, on or prior to October 1, 2022, Licensee gives written notice to Licensor of Licensee's termination of use and occupancy of the License Area and of the intention of Licensee or Licensee's spouse to apply in January, 2023 to become a member of Licensor for the 2023 season. In the event any such application for membership is not made or not approved, Licensee shall retrieve the Personal Property from the License Area within twenty days of receipt of a written notice by Licensor demanding removal of the Personal Property. If Licensee fails to do so, Licensor may remove the Personal Property from the License Area and place it in storage at Licensee~s expense. [Emphasis added.] NYSCEF Doc No. 601, ¶ 5. If I had been given 20 days written notice when this Court’s stay was terminated on May 19, 2023, I could have remained in possession until at least June 8th. But I was given no notice to remove my property. As the singular purpose of the License was to provide possessory rights to Cabana D-9, including the storage of my property, the breach of the Club’s promise to provide the requisite 20 days’ notice is perforce a material breach. “Rescission sounds in equity (see generally Willoughby Rehabilitation & Health Care Ctr., LLC v Webster, 134 AD3d 811, 813-814, 22 N.Y.S.3d 81 [2d 1 Dept 2015]), and is appropriate only where, among other things, the status quo can be " 'substantially restored' " (Singh v Carrington, 18 AD3d 855, 857, 796 N.Y.S.2d 668 [2d Dept 2005], quoting Rudman v Cowles Communications, 30 NY2d 1, 13, 280 N.E.2d 867, 330 N.Y.S.2d 33 [1972]; see Nelson v Rosenkranz, 166 AD3d 558, 558, 89 N.Y.S.3d 185 [1st Dept 2018]; Sokolow, Dunaud, Mercadier & Carreras v Lacher, 299 AD2d 64, 71, 747 N.Y.S.2d 441 [1st Dept 2002]). “ Unger v. Ganci, 200 A.D.3d 1604, 1606 With 20-days notice, there would be sufficient time for me to assert my statutory rights under the Real Property and Proceedings Law requiring a due process right to a hearing, appeals of same with an automatic stay to apply, and only after the judicial process ended, the issuance of a warrant to be executed by a Sheriff and not a self- help eviction. Accordingly, I seek a determination that the License is rescinded and an Order restoring me immediately to possession of Cabana D-9. Restoration is a simple matter and is therefore appropriate. As this is a seasonal rental, time is of the essence. Yours truly, /s Wendy Liotti Wendy Liotti, pro se P. S. I also note that in a sur-reply, NYSCEF Doc No 659, the Club misleadingly idocument bearing my signature. All that was filed was a 1-page, 2 paragraph stipulation. NYSCEF Doc No 574. The NSA was not filed in 2021 or 2022 and hence no filing fee paid for the NSA. This makes it non-binding under CPLR 2104. P.P.S I further note that the Club complains about new arguments in Tom’s Reply/Supplemental Memo. There are no new arguments; only supplemental support in response to the opposing Memo of Law. 2