A North White Plains landlord that has been trying to collect a debt from a former tenant for more than 10 years is suing a Pennsylvania law firm for allegedly botching collection procedures.
901 Properties LLC is demanding $300,000 from Bernstein – Burkley P.C., of Pittsburgh, in a complaint originally filed in Westchester Supreme Court and moved on Aug. 28 to federal court in White Plains.
Bernstein – Burkley failed to collect a $45,727 debt in Ohio, where the tenant had moved, the complaint states, as a result of “gross negligence, recklessness, and fraudulent conduct.”
Bernstein – Burkley did not reply to a message asking for its side of the story.
Manhattan attorney Jack S. Dweck is a member of the company that owns the 901 Professional Building on North Broadway in North White Plains.
In 2011, Margaret Greene, also known as Margaret Yeo, leased two suites in the office building. She fell behind on the rent, according to court records, and in 2015 901 Properties sued to evict her and won a $45,727 judgment.
At some point Greene moved to Yeo Farms cattle ranch in Lowellville, Ohio, near the Ohio-Pennsylvania border. When 901 Properties discovered her whereabouts in early 2023 it hired Bernstein – Burkley to collect the debt.
The firm represented that it was able to collect debt in Ohio, according to the complaint, and it assigned partner Raymond P. Wendolowski to oversee the case.
Wendolowski is head of the creditor’s rights group, according to the firm’s website, and is “zealous and dogmatic in his approach to helping clients get their money.” Wendolowski states on the firm’s website. “I understand the frustration that comes with not being paid for work or services performed, and I will do my best to help my clients get paid.”
Throughout 2023, Bernstein – Burkley advised 901 Properties that it was vigorously pursuing remedies, according to the complaint. But 901 Properties claims “it is apparent that nothing was done” in 2023.
In May 2024, after more than a year of delays, the complaint states, the law firm filed a motion to compel Greene to appear for a deposition. Then the firm allegedly told 901 Properties that Wendolowski had retired and a more aggressive attorney, Shawn P. McClure, would handle the case. But after the case was transferred to McClure, the law firm allegedly went silent again.
This past July, 901 Properties discovered that the Pennsylvania attorneys had failed to appear in court twice, the case had been dismissed, and Wendolowski was never licensed to practice in Ohio.
Now, 901 Properties says, there is little chance to recover any property.
901 Properties is demanding $100,000 in monetary damages and $200,000 in punitive damages for legal malpractice, breach of contract, disgorgement of fees, and fraudulent inducement.
Rourke T. Feinberg, of The Dweck Law Firm, represents 901 Properties.
