or falsity to be assessed by the trial judge, the final arbiter of the facts, in any
determination of the rights and liabilities between the parties here. (Barnet v. Cannizzaro,
3 AD2d 745, 747, 160 N.Y.S.2d 329; LeBron v. Brentwood Union Free School District,
212 AD2d 5112, 5113, 623 N.Y.S.2d 117; Segal v. MacDaniel Ford, 201 AD2d 717,
608 N.Y.S.2d 324). All of the pertinent evidence, even those that this Court shall take
judicial notice of, including the findings in the decision and order of Justice Carolyn E.
Demarest, dated July 24, 2014 and real estate history of the subject premises as described
on the NYC ACRIS system, are relevant.
The most relevant facts between the parties in both lawsuits are consistent
and not in dispute and are as follows: Fred Brenner purchased two adjoining properties,
namely, 432 Keap Street and 436 Keap Street, Brooklyn, NY. Fred Brenner was the
owner and CEO of the General Plumbing Corp. from 1964 to about December 2007, and
had the rights to exclusive possession, use and occupancy of 436 Keap Street, Brooklyn,
NY for the operation of his plumbing business.
The precise date of his retirement from the company and the exact date that
his son, Irwin Brenner, became the CEO and President of the Respondent corporation
have not been fully disclosed to this Court or to the Supreme Court. A historical review
of the real estate records show that the initial lease and the disputed lease began all lease
terms with the property known as 436 Keap Street, Brooklyn, NY from January 1, of a
given year and ended on December 31, of a given year. Therefore, since the testimony of
Irwin Brenner was somewhat consistent with the findings of Justice Demarest, this Court
shall presume the date of his father's retirement was in or about December 31, 2007.