A New Rochelle developer has won a $3.8 million court judgement against a former partner who claimed that the developer broke their deals to build three apartment buildings.
Westchester Supreme Court Justice Linda S. Jamieson endorsed a court referee’s decision that Anthony Hammel and his development companies are entitled to compensation from former partner Robert Leaf, on June 9.
The dispute concerned three apartment structures that were built on Burling Lane in downtown New Rochelle: The Millennia, The Hammel, and NewRo Studios.
Leaf is a retired dentist from Mamaroneck who now lives in Highland Beach, Florida. He began working with Hammel in 2016, but in 2019 they struck a transfer agreement to dissolve their business relationship.
Leaf was to retain the Millennia and Hammel got The Hammel and NewRo Studios. Each side had to return their investments in each project they were not keeping.
But the former partners held opposite interpretations of the transfer agreement, and White Plains attorney John A. Pappalardo was brought in to referee the dispute.
Leaf believed that they were rescinding all of their contracts, in effect, undoing all prior agreements and transactions as if they had never met one another, according to a decision Pappalardo issued this past April. Hammel believed that the business relationship ended with the transfer agreement and that their prior deals would not be undone.
Pappalardo found Hammel’s position more credible, and he used the findings of a neutral accounting service, chosen by both sides, to sort out what everyone owed.
He concluded that Hammel owed Leaf $2,616,191 for The Hammel and NewRo Studios. Leaf owed Hammel $6,442,992 for The Millennia. Thus Leaf owes Hammel the difference, $3,826,801.
Pappalardo ordered the sum to be paid by Aug. 18.
Both sides have appealed portions of the decision.
Hammel was represented by Rye attorney Anthony G. Piscionere, of Piscionere & Nemarow P.C. Leaf was represented by attorneys with the White Plains firm Welby, Brady & Greenblatt LLP.
