Two brothers are suing another brother for half a million dollars for allegedly misusing a family legacy: the building that houses Conte’s Seafood in Mount Kisco.
Carmine and Anthony Conte accused Biagio J. Conte Jr. of interference with property rights, in a complaint filed on Aug. 18 in Westchester Supreme Court.
Carmine and Anthony claim they own most of the property, yet Biagio has occupied the building since 2000 and “has neither paid rent nor otherwise compensated [them] for his sole use of the premises.”
Conte’s Seafood is on Main Street at St. Mark’s Place, next to Northern Westchester Hospital. It has been operating since 1894, according to a sign on a building that also displays a catchy skeletal fish sculpture over the front door.
Biagio Conte Sr. acquired the property in 1952, according to property records. He died in 1991. In 2002 his widow and the executrix of his estate, Mary Conte, deeded the property to her five children. She died in 2009.
John Conte, of Rockland, Maine, conveyed his interests to Biagio Conte Jr., and Jeane Conte, of Mount Kisco, conveyed her interests to Carmine.
That left Biagio Conte Jr. and Carmine Conte each with a 40% interest and Anthony Conte, of Delaware, with 20%.
Now Carmine and Anthony are using their combined 60% interest in an attempt to compel Biagio to compensate them.
Biagio has ignored their demands to sell the property, the complaint states. Meanwhile, the building has allegedly fallen into disrepair and violated health codes. The business owes $20,000 in property taxes, as well as a water bill, and it allegedly serves alcohol without a license.
Since 2000, according to the complaint, Biagio has used the property exclusively and has never agreed to pay rent or compensate his brothers.
Carmine and Anthony claim that the property’s fair market value is at least $7,000 a month and totals more than $504,000 for six years.
They are asking the court to direct a sale of the property, allocate the proceeds to pay taxes and other expenses, and then distribute the rest in accordance with each brother’s ownership interests.
Carmine and Anthony are represented by Bedford Hills attorney Stephen M. Smith.
