September 20, 2018 News

Y. David Scharf Represents Operator in Litigation over Control of a Westchester Rehabilitation and Nursing Facility

September 20, 2018 – Morrison Cohen Partner Y. David Scharf and Senior Counsel Mark S. Jarashow are mentioned as legal counsel for Jonathan Bleier and Parkview Operating Co. LLC in a lawsuit for control of Westchester Center for Rehabilitation & Nursing that was profiled in the article “Families Fight over Control of Westchester Center for Rehab” in the September 18, 2018 issue of the Westchester County Business Journal.

The dispute is about control of Parkview Operating Co. LLC, the licensed operator of the nursing home, and Westchester Gardens Realty LLC, owner of the property and premises.  Jonathan Bleier claims that Bruce Peckman and his son, Joshua, who were brought in to co-manage the facility, prevented the reform of the operating agreement when a discrepancy was discovered in 2015 that misstated Bleier’s percentage of control of Parkview.  The lawsuit states that the Peckman’s have interfered with management of the nursing home and mishandled corporate documents, “with the intent to unlawfully steal a portion” of Bleier’s membership interest.

The lawsuit brought in Westchester Supreme Court is asking the court to award damages for more than $2 million for alleged breach of fiduciary duty and improper and self-interested transfers of funds by Bruce Peckman.