Legal Question in Real Estate Law in New York
Show Cause
I am a member of a Large Union in New york city. Our President who is one of three Trustees, is in the process of selling the Bluiding and he has not disclosed to any of the members or union officers as to who the buyer is or what the price of the building is being sold for and why.
I would like to know how I can file a court injunction to put the sale on hold until this matter has been addressed with the Union officers. What court would I have to go to in order to begin this process.
2 Answers from Attorneys
Re: Show Cause
Suggest that you first examine the Terms, Conditions, Rights and Authority, re the Trustee's appointments.
You may then have your attorney or UNION OFFICERS prepare an Order to Show Cause, to, among other things, Enjoin, Restrain, etc., your Trustees, from doing that which the Court should not permit them to do, per the Trustee Appointment/s; and that which if they continue to do, is presumably in violation of their Fiduciary obligations the Union and so forth.
The Court with Jurisdication may be either or both NY Supreme or Federal District Court. But, Venue would be in the County of the Unions's main office or where the property "at issue" lies.
Whether you choose State of Federal Court depends on the particulars of the UNION incorporation; and the applicable Federal and State Law, Rules and Regulations, all of which must be carefully researched.
Good luck,
Re: Show Cause
Easier said than done. I am not certain how the membership elects the offiers and what powers they are given under the Local's constitution and By-laws. I do understand from seeing what goes on that your building is for sale without the leadership telling them members or the dissident officers what is happening. Without that, it is very hard to offer any advise other than guesswork.
Any other help that I try to give to your members with this or other matters, feel free to contact me at 8458782163.
Good Luck in your talks too!
Bob