Kuck descendants sue to separate Whispering Pines in Yorktown Heights

One side of the Kuck garden and landscaping supply enterprises in Yorktown Heights wants to divide the family estate so that it can manage part of the land independently and avoid liability in a pending lawsuit.

Kuck Family II LLC, the garden center side of the family, sued Thomas P. Kuck, the landscape supply side, to divide their jointly-owned land, March 23 in Westchester Supreme Court.

The land has been in the Kuck family at least since 1956, according to news accounts. The original garden and landscaping business was operated by George and Margaret Kuck.

The property has been passed on to their descendants, and at some point the business split into two entities owned by cousins.

Now Kuck Family II wants control of half of the property on Windsor Road, where Bradley Kuck, Kathleen Kuck and Beth Hundgen operate Whispering Pines Garden Center and Florist.

The other side of the property is home to Whispering Pines Landscape Supply Corp., operated by Thomas P. Kuck, the defendant.

Each side of the family owns 50% of the 23-acre property but own and manage the businesses separately.

The complaint cites a pending lawsuit in which neighbors have claimed that Thomas Kuck’s landscape supply business generates excessive noise, vibration, and pollution. The alleged nuisances, Kuck Family II argues, exposes the garden center side of the enterprises to liability for potential violations of state and federal laws by the landscaping supply side.

The families are deadlocked and cannot agree on management of the property, according to the complaint. Dividing the property would be in everyone’s best interests, according to Kuck Family II, and would allow both businesses to continue operating in the same places and without interference from one another.

Kuck Family II is asking the court to partition the property, hold Thomas Kuck responsible for any award of damages that result from the neighbors’ pending lawsuit, and appoint a receiver to take possession of the property and rents while the dispute is pending.

Thomas Kuck and Patricia Gurahian, his attorney in the neighbors’ dispute, did not respond to an email asking for his side of the story.

Mount Kisco attorney P. Daniel Hollis III represents Kuck Family II.