What is the name of your state (only U.S. law)? New Jersey.
This question involves a family property, specifically a restaurant business, liquor license and building. Three brothers were involved, and a has judgement decided by the Bergen County Superior Court in the Chancery Division, defining what each brother is entiled to. Two brothers (AB) were awarded the business 50/50. which includeds the liquor license and the assets of the business(equipment). Brother (C) was awarded the building. During the case, brothers B and C were were aligned.....however, after ten plus years, Brother C has not been able to develop the property, reached finacial difficulty and had put the building on thhe market for sale or lease. There is no dispute from Brother C that Brother B owns the equipment and states this clearly in an e-mail addressed to Brother B. It has come to the attention of Brother B that Brother C has had a contractor remove a signifcant amount of smallwares, kitchen and coffee equipment without Brother B's knowledge. When Brother B was made aware by a friend through a chance pass in front of the restaurant, the Contractor was made aware if he removed any items, Brother B would press charges with the local Police department. The Contractor left the premises, but with items removed. Through investigation of Brother B, items removed were found to be dropped off at a scrap recycling center and the Contractor was paid in the form of a check for the items he dropped off, verified by the owner of the scrap yard who has video confirmation. During the entire ten plus years the restaurant and business were in limbo, there were no formal agreements for any rent, lease or tenancy and no monies were ever paid to Brother C.
No eviction notice or formal request was made by Brother C for the removal of items in writing, and he states clearly in a response e-mail no formal writing will be made or produced to Brother B. Is it legal for Brother C to order the items further removed without Brother B's notification formally through request or eviction notice or consent of Brother B. Also, and after warning the Contractor if he removes any items he will be held accountable for his actions....if Brother C and The Contractor both continue the course of removal of assets of the business, can action be brought against both for the removal of the assets determined by the court to be owned by Brother's B and A? When Brother B confronted Brother C with the facts and informed Brother C he was aware of his actions, Brother C responed in an e-mail on the same day he does not dispute the ownwership of the assets to Brother B and will allow only 7 days to remove the assets, and has directed the Contractor not to interfere, but will authorize the continued removal of assets after the seven days., by the same contractor who was informed by Brother B as the rightful owner of the assets and equipment . Brither C did not address the issue of items already removed. Is the Contractor accountable in a separate action for his prior removal of items and the sale of the items to business unknown and the Scrap recycler and if he continues to remove furtheritems after being forwarned?
Thank you in advance for your time and consideration.
What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
This question involves a family property, specifically a restaurant business, liquor license and building. Three brothers were involved, and a has judgement decided by the Bergen County Superior Court in the Chancery Division, defining what each brother is entiled to. Two brothers (AB) were awarded the business 50/50. which includeds the liquor license and the assets of the business(equipment). Brother (C) was awarded the building. During the case, brothers B and C were were aligned.....however, after ten plus years, Brother C has not been able to develop the property, reached finacial difficulty and had put the building on thhe market for sale or lease. There is no dispute from Brother C that Brother B owns the equipment and states this clearly in an e-mail addressed to Brother B. It has come to the attention of Brother B that Brother C has had a contractor remove a signifcant amount of smallwares, kitchen and coffee equipment without Brother B's knowledge. When Brother B was made aware by a friend through a chance pass in front of the restaurant, the Contractor was made aware if he removed any items, Brother B would press charges with the local Police department. The Contractor left the premises, but with items removed. Through investigation of Brother B, items removed were found to be dropped off at a scrap recycling center and the Contractor was paid in the form of a check for the items he dropped off, verified by the owner of the scrap yard who has video confirmation. During the entire ten plus years the restaurant and business were in limbo, there were no formal agreements for any rent, lease or tenancy and no monies were ever paid to Brother C.
No eviction notice or formal request was made by Brother C for the removal of items in writing, and he states clearly in a response e-mail no formal writing will be made or produced to Brother B. Is it legal for Brother C to order the items further removed without Brother B's notification formally through request or eviction notice or consent of Brother B. Also, and after warning the Contractor if he removes any items he will be held accountable for his actions....if Brother C and The Contractor both continue the course of removal of assets of the business, can action be brought against both for the removal of the assets determined by the court to be owned by Brother's B and A? When Brother B confronted Brother C with the facts and informed Brother C he was aware of his actions, Brother C responed in an e-mail on the same day he does not dispute the ownwership of the assets to Brother B and will allow only 7 days to remove the assets, and has directed the Contractor not to interfere, but will authorize the continued removal of assets after the seven days., by the same contractor who was informed by Brother B as the rightful owner of the assets and equipment . Brither C did not address the issue of items already removed. Is the Contractor accountable in a separate action for his prior removal of items and the sale of the items to business unknown and the Scrap recycler and if he continues to remove furtheritems after being forwarned?
Thank you in advance for your time and consideration.
What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?