Baseball's Alex 'A-Rod' Rodriguez Faces Punitive Damages Over Real Estate Venture With Ex-In-Law
Rodriguez's ex-brother-in-law alleges the former baseball star squeezed him out of profits in their real estate partnership, while Rodriguez counters it's Scurtis who took unauthorized funds from the joint venture.
June 01, 2020 at 02:40 PM
4 minute read
Baseball great Alex "A-Rod" Rodriguez is exposed to punitive damage claims in a six-year legal battle with his ex-brother-in-law over a national multifamily partnership that went awry.
Constantine Scurtis claimed Rodriguez — who was married to Scurtis' sister, Cynthia Scurtis, from 2002 to 2008 — pushed him out of their real estate venture and profits Scurtis claimed were due.
Rodriguez, who maintains the allegations are based on facts Scurtis knows to be false, filed a counterclaim saying Scurtis took money out of their partnership without authorization.
Miami-Dade Circuit Judge Maria de Jesus Santovenia agreed last month to allow the complaint to be amended to add the punitive damage claims to the complaint.
Santovenia concluded in her May 20 order that Scurtis' motion provided a "reasonable showing" to support the punitive damage claims. The request will be added to existing counts of continuing breach of fiduciary duty, conversion and breach of fiduciary duties.
Scurtis' attorney Gonzalo Dorta touted the order as a win for his client against a heavy hitter in the sports world.
"Celebrities are not above the law and must account for their egregious behavior," said Dorta, partner at Dorta Law in Coral Gables.
He represents Scurtis with Joel Denaro of the Law Office of Joel Denaro, Vincent Duffy of the Law Office of Vincent J. Duffy and Asela Lopez, all based in Miami.
Rodriguez's attorney, John C. Lukacs Sr. in Coral Gables, said Scurtis' allegations are without merit, including the allegations he put forth to obtain the most recent permission to amend his complaint.
"The court's recent ruling allowing Scurtis to amend his complaint for the fourth time was based upon Scurtis' purported proffer of more allegations, allegations that have not been proven and which are considered wholly without merit," Lukacs said in an emailed statement. "To be clear, we continue to view this case as baseless and absolutely dispute liability for all claims asserted."
In a counterclaim, Lukacs wrote that Scurtis has sought to get out of paying IRS taxes on funds taken from the partnership, and Lukacs made this assertion again in his email.
"Since filing this action is 2014, Mr. Scurtis, has sought to impugn his former brother-in-law and escape outstanding financial obligations owed, including obligations with the IRS," he said.
Scurtis, who sued in 2014 and filed a third amended complaint in 2019, claimed the two started their apartment acquisition and resale venture a couple years after they met through Cynthia Scurtis.
The partnership agreement generally was that Rodriguez, a real estate novice, would contribute the capital and would be a 95% owner and beneficiary of profits, according to the complaint. Scurtis would be a 5% recipient and owner in exchange for the input of his real estate and financial expertise. Scurtis also was entitled to a 3% acquisition fee. Over time their percentage stakes in the venture deviated some but not significantly, according to the complaint.
The venture owned and operated over $1 billion worth of property and managed about 5,000 units, Scurtis said in court filings. They formed a limited liability partnership for each property with 26 companies formed from 2003 to 2005 and another 20 from 2005 to 2008.
Scurtis alleged Rodriguez started cutting him out of the venture and profits he was due by replacing Scurtis' name on some of the LLCs and other companies created to run their venture.
Scurtis was shortchanged when Rodriguez convinced him to defer the 3% acquisition fee so the funds could be used as liquidity for their partnership, according to the complaint. Scurtis alleged he was owed $8 million in acquisition fees alone by the time the third amended complaint was filed.
In a response, Lukacs called the allegations a sham based on false facts, maintaining Scurtis willingly transferred his membership interest in some of the LLCs and wasn't forced out of the companies as he claimed.
Scurtis withdrew nearly $1.4 million from the partnership in 2004 and 2005 on brokerage-type fees and real estate deals without any authorization, Lukacs wrote in a counterclaim filed last September.
The two agreed the funds would be treated as a loan that Scurtis would repay from future profits on property sales, according to the counterclaim. Although Scurtis accepted reduced payments, he still owes over $1.3 million.
The counterclaim lists money lent, unjust enrichment and abuse of process counts.
Both sides are seeking a jury trial.
|This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFowler White Burnett Opens Jacksonville Office Focused on Transportation Practice
3 minute readHow Much Coverage Do You Really Have? Valuation and Loss Settlement Provisions in Commercial Property Policies
10 minute readThe Importance of 'Speaking Up' Regarding Lease Renewal Deadlines for Commercial Tenants and Landlords
6 minute readMeet the Attorneys—and Little Known Law—Behind $20M Miami Dispute
Trending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250