From the first day I met Marilyn Weigner, I liked her. She was a spitfire from a generation that Tom Brokaw referred to as "The Greatest Generation". She had a great life story which included her earlier days as a singer and actress. When I met her late in her life, she was a real estate broker and the "go to" person at 11 Fifth Avenue (the "Brevoort'), a terrific upscale doorman building in the heart of the New York University community.
Unfortunately when I met Marilyn she had cancer, although you would never had known it from interacting with her as my wife and I did in the beginning of 2014. In the last year of her life she was still closing deals and in fact had just closed two such deals at the Brevoort in the spring of 2014. In one of those deals, she represented a well-known and successful New York attorney who sold his apartment but who refused to pay Marilyn's company the brokerage commission that her agreement with the attorney clearly required and notwithstanding the fact that Marilyn was gravely ill.
The last thing Marilyn said to me was "Don't let the SOB get away with this." I never saw her again after those words as she deteriorated and ultimately succumbed to her illness but I certainly did not forget what she said.
Unfortunately when I met Marilyn she had cancer, although you would never had known it from interacting with her as my wife and I did in the beginning of 2014. In the last year of her life she was still closing deals and in fact had just closed two such deals at the Brevoort in the spring of 2014. In one of those deals, she represented a well-known and successful New York attorney who sold his apartment but who refused to pay Marilyn's company the brokerage commission that her agreement with the attorney clearly required and notwithstanding the fact that Marilyn was gravely ill.
The last thing Marilyn said to me was "Don't let the SOB get away with this." I never saw her again after those words as she deteriorated and ultimately succumbed to her illness but I certainly did not forget what she said.
I have come to learn through life that some people can justify about anything if they want to, including not paying a debt that they are clearly obligated to pay. The excuses offered for non-payment are not worth repeating. Sufficed to say, some people act honorably while others march to the beat of their own drum and then justify their choice of music.
After initiating a legal action and prior to conducting discovery, my office moved for summary judgment on our cause of action for breach of contract and for damages in the sum of $80,000.The motion was granted. Since the defendant made certain specious allegations in a counterclaim, the matter will require some additional discovery before we get that counterclaim dismissed.
For now, I hope Marilyn, and certainly her daughter Nancy, who is continuing the real estate business of Marilyn Weigner Associates, can hear me when I say " Don't worry Marilyn, we are half way home and we won't let him get away with it."
Sincerely,
Mario Biaggi Jr.