Judge Denies Arbitration in Target-City Center Breach of Contract Suit.

 


 


WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. September 26, 2005: Federal Court Judge Colleen McMahon  denied the motion of  LC White Plains LLC and LC White Plains Retail LLC  to stay Target Corporation’s Breach of Contract suit against the City Center pending arbitration in a ruling of July 22. The parties are now in the discovery phase of the procedure, with a Jury Trial possible at the end of the year, pending any motion for a summary judgment.


 


 Judge McMahon ordered a trial by jury, setting November 18 as the date when all discovery must be completed. She also ordered that all testimony by experts be completed by October 7, setting December 16 as the date when a Joint Pre-Trial Order submitted.


 


Target sued White Plains LLC  and White Plains May 20 of this year, alleging breach of contract by the two management companies of the White Plains City Center, asking for $675,000 in damages. White Plains LLC and White Plains LLC Marketing has filed a Motion to Stay, claiming the contract between the two companies stipulated any disputes arising from the performance of the contract would be resolved by binding arbitration. Judge McMahon did not agree.  Any motion for Summary Judgment must, according to the papers be made before December 16.


 


The Target suit alleges “The Developers breached the Agreement (between Target and LC White Plains LLC and White Plains Retail LLC) by failing to perform the Seller’s Work in a good and workmanlike manner,” and that “Target has incurred in excess of $590,000 in out-of-pocket costs due to the Developers’ failure to perform certain of the Seller’s Work, and due to the Developer’s failure to perform other Seller’s Work in a good and workmanlike manner and with reasonable diligence.”

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Careening Car Injures 2 at Mamaroneck & Main Triangle.

WPCNR POLICE GAZETTE. By John F. Bailey. September 27, 2005: A visitor from Ossining to the city lost control of her vehicle heading eastbound on Main Street, and swerved across the triangle island at the junction of Mamaroneck Avenue and Main Street at 1: 15 Monday. Her car struck two teenage pedestrians, student aids whose names were not released by police because they were under the age of eighteen.



Walk Carefully: Scene of SUV-pedestrians accident Monday afternoon, about 2 P.M. Light pole and pedestrian signal had been toppled, and two pedestrian standing in the middle of the triangle at Mamaroneck and Main were hit by a car which police said had swerved across the triangle. Photo by WPCNR News.


 


 


One injured student was taken to White Plains Hospital Center, the other to Westchester County Medical Center for treatment of injuries that Chief of Police James Bradley described as not life threatening.


 


Chief Bradley said the vehicle knocked down the pedestrian crossing light, a street light, and a monument in the middle of the triangular island. He said the driver of the car and her passenger were being interviewed by police this afternoon to determine what caused the loss of control. He said there does not appear to be anything criminal involved.

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Memorial United Methodist Church Raises $4,130 for Liberian Orphans.


WPCNR SOUTHEND TIMES. From Memorial United Methodist Church.  September 28, 2005: The African Extravaganza to Benefit Liberia, held at Memorial United Methodist Church in White Plains on Sept. 17, 2005, raised $4,130 for orphaned children living in a mission in Congo
Town, Liberia, said Memorial Evangelist Wokie Tubman.



Wokie Tubman Speaking at the African Extravaganza. Photo, Courtesy Memorial United Methodist Church.


Mrs. Tubman, the daughter of assassinated Liberian President William R.
Tolbert, Jr., who received political asylum in the United States in 1989,
will make her first trip back to her native country in 16 years Wednesday to
deliver the money personally to the mission.




The mission in Congo Town, near Monrovia, the Liberian capital, is run by
the Harlem-based Invisible Ark of the Resurrection Ministries under the
oversight of Shad Tubman, Mrs. Tubman’s husband, and Liberian Pastor
Melchizedek Holmes. Mr. Tubman, the son of former Liberian President William
V.S. Tubman, Tolbert’s predecessor, who narrowly escaped assassination
during his presidency, returned to Africa several years ago.

“While I have been here, my mind has been in Liberia,” says Mrs. Tubman, 66,
who lives in Pomona, NY. “I still have so much love for the country and hope
that one day peace will be restored. And I want to be a part of that
revolution, part of that change. So I began my ministry of resurrection and
life here in New York.” The Tubman’s founded the mission outside Monrovia
and in Harlem through their Invisible Ark of the Resurrection Ministries.
Mrs. Tubman, a graduate of the London School of Design, designed all the
fashions displayed at the annual Fashion Show.

The mission provides food, housing, clothing and, most importantly,
education to more than 50 children aged 2 to 14. About 20 are on scholarship
paid for with fashion show proceeds. Older youth on scholarship also attend
Bible School, computer school, college and seminary.

“Some of their parents were executed during the war,” said Mrs. Tubman.
“Some were even forced to kill their own parents. The things they went
through! Most of them are orphans. Their parents died during the war. …

“We so appreciate people who donate to these young kids and give them the
opportunity to improve their lives. Education is one of the most important
tools in a nation that’s trying for independence and peace and prosperity.
Children must be educated so they can take care of themselves and their
families.”

Liberia has been wracked by civil war and political stability, but in August
2003 a comprehensive peace agreement was reached. A National Transitional
Government of Liberia (NTGL) assumed control in October 2003, and
presidential elections are upcoming. Mr. Tubman, 71, is one of the
candidates.

“Things are improving,” says Mrs. Tubman with a sigh of relief. “That’s why
I have asked to go back.”


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The Stale Crony Factor: Should White Plains Limit Council/Mayor Terms in Office

WPCNR POLL. September 25, 2005: In view of the Democratic Party in White Plains token opposition to Mayor Joseph Delfino in the current Mayoral race, as well as the perpetual almost assured reelection of Democrat incumbent councilpersons, who have shown tendencies to endorse strong Mayor policy initiatives rather than take responsibility for setting policy limits, the question comes to mind as to whether the City of White Plains should amend its charter to set a limit on the number of terms Mayors and councilpersons should serve. What does Mr. & Mrs. and Ms. White Plains think? Register your opinions and thoughts in the poll at the right.

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