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Sunday, October 30, 2005

Sour Grapes

This is just too, too much. Read and weep:
A Plaza-hotel-loving couple from New Jersey says the romantic landmark broke their hearts when it canceled their daughter's bas mitzvah, never telling them about a massive renovation that began in the spring.

Dr. D. Scott Alenick and his wife, Suzanne — who were married at The Plaza — sued the storied hotel this week, claiming they were victims of fraud and deceptive business practices.
"We approached this bas mitzvah as an opportunity to share with our daughter a great tradition," said Suzanne Alenick, a Manhattan attorney who had her own bas mitzvah at The Plaza in 1975 and planned to hold Ashley's 12th-birthday celebration there.

Alenick said she was "sickened" when told the ceremony, scheduled for May 22 of this year, would have to be scrapped — after she had paid $12,000 of the $20,000 bill and sent out invitations to 100 guests.

"It's a once-in-a-lifetime event," she said. "Everything was ready to go."
Apparently, the family has a long history of celebrating milestones at the luxury New York City institution. All well and good. Except that they were informed of the cancellation of the event due to the planned construction project six months in advance. I think that should have been plenty of time to source a new location for the Bat Mitzvah party. Especially since according to the couple's own admission, the hotel "accepted a deposit from her just days before canceling the event Nov. 29, 2004". The hotel refunded the full deposit as soon as they informed the Alenick's of the cancellation, which was only a few days after the event had been booked. The couple claimed to have already sent out invitations, and the Plaza reimbursed them in full for the cost of the invitations.

That should have been the end of the story. Instead, the couple is looking to make this into a windfall:
The suit seeks unspecified damages for "humiliation, indignity, distress of mind and mental suffering."

"They made no effort to compensate for the uniqueness of The Plaza," said Suzanne.
Now if the Plaza was unavailable for the Bat Mitzvah, it was unavailable, right? Lets posit that the Alenicks had called the Plaza a few days later, after the renovations were set in stone, and had been turned down for the event at the pass. Would they still have looked for the Plaza to compensate them for denying them the "uniqueness of the Plaza"? Sometimes this absurd a level of litigiousness is just due to a mammoth case of sour grapes. I hope the judge that gets this case doesn't entertain what I see as a colossal temper tantrum by the Alenicks.

95 Comments:

Blogger respondingtojblogs said...

The should definitely be compensated for their reliance costs (the invites, etc.), but the rest seems to be part of the trend of Baalei Simcha lashing out at their contractees.

10:31 PM  
Anonymous Anonymous said...

this IS rich.

11:55 PM  
Blogger YMedad said...

Actually, it's the mother's (snobbish) "pain" that's the problem. Did anyone ask the girl where she'd like hold her party?

7:16 AM  
Blogger Rebecca said...

First of all 20,000 dollars for a bat mitzvah? I think this is the crux of the problem in itself! Here in America we have totally lost the meaning of what a Bar and Bat Mitzvah really are! They are no different than a sweet sixteen. I read an article (if I can find it I will post) where non-Jews were telling their parents that they wanted a bar mitzvah party too, and they got it! sick!

8:41 AM  
Blogger Rebecca said...

The article appeared in the wall street journal which I do not have access to because I am not a member but here is a response to the article which will give you an idea what it was about: http://www.jewishjournal.com/home/print.php?id=11711
and here is another interesting one: http://www.thejewishweek.com/top/editletcontent.php3?artid=3430+&print=yes

8:49 AM  
Blogger AMSHINOVER said...

Most Western democracies recognize the principle that the losing side in litigation should contribute toward "making whole" its prevailing opponent.Thereby avoiding such an absurd level of litigiousness.

2:44 PM  
Anonymous Anonymous said...

imagine this was your wedding and now think about having to reschedule it and send out new invitations and have ppl all over the tri state area "talking" about it, feel any different?

4:59 PM  
Blogger Mirty said...

Since the deposit and cost of invitations were refunded in full, I think the hotel did right by them. My husband had to move his son's Bar Mitzvah to another venue when there was a late-date cancellation. The deposit was returned and no lawsuits ensued. Happens all the time. It's disappointing, but you make a new plan and carry on.

5:27 PM  
Blogger Ze'ev said...

Jews for Nothing

I feel sorry for little Ashley.

Not because she wasn't able to have her "Bas Mitzvah" at The Plaza, but because the tradition that her parents are most concerned with passing on to her seems to be of the uniqueness of The Plaza, and to never settle for anything less.

I feel sorry for little Ashley, that to her parents, her "Bas Mitzvah" was all about a "candle-lighting ceremony and the reading of a poem", as opposed to celebrating her becoming a full fledged, contributing member of the Jewish People.

I feel sorry for all of the little Ashley's living in America today, who are being raised to believe that America is their one and only true home, and that the mighty dollar is their one and only true god, and that the Judaism that they are being raised on worships those false gods.

I feel sorry for the little Ashley's who are being raised to yearn for The Plaza instead of Jerusalem and the Holy Temple.

My heart aches for all the little Ashley's who are turning away from Judaism as a result of the sins of their parents. Please know that there is an alternative to the empty "Jewish" values that you have been raised on, and know that you have a home, the one place where you can live proudly as a Jew.

It's not too late.

Leave the Exile and it's false values behind.

2:50 AM  
Anonymous Anonymous said...

Let me try to remember some first year law school contract law.
The issues:

1. Was the hotel in breach of contract.

2. If so what are the damages.

The Facts:

The hotel decided to unilaterally terminate its contract.

Missing facts:
Was there an exculpatory clause allowing the hotel to terminate in the event of renovations. I'll assume for now that there was no such clause. (Note: Scheduling renovations would not fall under the doctrine of frustration that would put a contract to an end without any fault on the part of the hotel owners - unless perhaps the hotel suddently became a hazzardous place and the renovations were needed due to some emergency.)

The Law

Based on that assumption, the termination by the hotel was an anticipatory breach of contrac and the parents of the bat-mitvah girl then have an option to either accept the termination as a breach and have an immediate right to a court action for damages for breach of contract or to continue to insist upon performance of the contract and sue for damages on the date that the contract should have been performed. In most jurisdictions however an innocent party still has a duty to mitigate damages and therefore the only real option is that they would have to accept the termination as a breach of contract and immediately attempt to mitigate their damages.

Their damages therefore should amount to return of the deposit with interest, compensation for any cost incurred such as the cost of new invitations, compensation for their time in arranging for a new site for the bat-mitzvah (if they work and lose time from work, probably the hourly rate that they are paid for their work), compensation for any price differential between the cost of the new place of the bat-mitzvah minus that of the Plaza hotel if the former exceeds the cost of the Plaza hotel but provided that the new place does not provide superior service at such increased price as otherwise there would be "betterment" and the value of such betterment would have to be deducted. The issue of whether mental distress would be a ground to pay additional damages would depend upon whether such was foreseeable when the contract was entered into (if we are using contract law principles) or whether it was foreseeable at the time of termination (if we use tort law principles) and whether such is a matter of contract or tort depends upon the local case law. Again if the parents acted unreasonably and were their own cause of such distress they shouldn't receive damages for such distress - again, they had a duty to mitigage.

For all practical purposes, the parents are probably wasting their time and money on lawyers in pursuing anything more than compensation for their lost time in arranging for the new place for the bat mitzvah and if their lawyer is working on a continguency he/she is wasting his/her time.

7:31 AM  
Anonymous Anonymous said...

Let me try to remember some first year law school contract law.
The issues:

1. Was the hotel in breach of contract.

2. If so what are the damages.

The Facts:

The hotel decided to unilaterally terminate its contract.

Missing facts:
Was there an exculpatory clause allowing the hotel to terminate in the event of renovations. I'll assume for now that there was no such clause. (Note: Scheduling renovations would not fall under the doctrine of frustration that would put a contract to an end without any fault on the part of the hotel owners - unless perhaps the hotel suddently became a hazzardous place and the renovations were needed due to some emergency.)

The Law

Based on that assumption, the termination by the hotel was an anticipatory breach of contrac and the parents of the bat-mitvah girl then have an option to either accept the termination as a breach and have an immediate right to a court action for damages for breach of contract or to continue to insist upon performance of the contract and sue for damages on the date that the contract should have been performed. In most jurisdictions however an innocent party still has a duty to mitigate damages and therefore the only real option is that they would have to accept the termination as a breach of contract and immediately attempt to mitigate their damages.

Their damages therefore should amount to return of the deposit with interest, compensation for any cost incurred such as the cost of new invitations, compensation for their time in arranging for a new site for the bat-mitzvah (if they work and lose time from work, probably the hourly rate that they are paid for their work), compensation for any price differential between the cost of the new place of the bat-mitzvah minus that of the Plaza hotel if the former exceeds the cost of the Plaza hotel but provided that the new place does not provide superior service at such increased price as otherwise there would be "betterment" and the value of such betterment would have to be deducted. The issue of whether mental distress would be a ground to pay additional damages would depend upon whether such was foreseeable when the contract was entered into (if we are using contract law principles) or whether it was foreseeable at the time of termination (if we use tort law principles) and whether such is a matter of contract or tort depends upon the local case law. Again if the parents acted unreasonably and were their own cause of such distress they shouldn't receive damages for such distress - again, they had a duty to mitigage.

For all practical purposes, the parents are probably wasting their time and money on lawyers in pursuing anything more than compensation for their lost time in arranging for the new place for the bat mitzvah and if their lawyer is working on a continguency he/she is wasting his/her time.

7:31 AM  
Anonymous Anonymous said...

I hope the Alenicks have lawyers who actually made it beyond 1st year law school and realize that this issue is far more complex than one might understand after only a 1st year contract course. Furthermore I hope their lawyers' analysis will go beyond the above stated simple one in which the issue clearly has not been thoroughly researched. For if her lawyers did perform any research on the subject, they would realize that there is precedent for compensatory as well as punitive damages in cases involving similar circumstance.

1:04 PM  
Anonymous Anonymous said...

I realize that the hypocrisy of America leads many to hate what they truly envy, namely money. We are quick to condemn the rich as petty, yet would never react the same if a poor couple was inconvenienced in this matter. Would this reaction have seemed as egregious if the Alenicks had been a poor immigrant couple planning a modest celebration of a truly important moment which in turn was spoiled because a conglomerate made a business decision without compensating those affected?

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Anonymous Anonymous said...

On July 17, 2006, the court dismissed all of the Alenicks' claims, holding that they had accepted and received exactly what they were entitled to: the return of their deposit and reimbursement for their additional expenses. Beyond that, they could prove no damages.

Click here for the decision.

6:55 PM  
Blogger Patrick Friel said...

In October of 2005, I sent the following letter to Suzanne Alenick. She filed a suit against the entire planet because of the physical and emotional harm inflicted upon her self. No surprise, she is an attorney. The letter I sent is reprinted below and the judgment for her case, handed down yesterday, is below my letter. I never received a reply to my mail but, perhaps now, she will find time to hunt me down and crucify me.

Pat



Suzanne,

I was sorry to read about your disappointing experience with the Plaza.

Initially, as the story opened, I was under the impression that your daughters bas mitzvah was canceled just days before the event. However, further along in the story, I learned that the Plaza canceled a full six months prior to the event taking place. You lost my support. You lost my support BIG time.

Your husband is a doctor and you are a lawyer. One may deduce that you travel in circles made up of fairly intelligent people. In fact, one might easily assume that you are fairly intelligent. Your suit against the Plaza does not belie your intelligence.

Unfortunately, the suit speaks volumes for your character and represents an egregious act of overkill in order to mollify your disappointment. You bring further damage to the way people view attorneys. I view your actions in filing suit much the same way one questions why a dog licks his balls. The answer: Because he can. I'll bet your family and friends are proud of you for getting that law degree. They must envy your power to bring hotel management to their knees. You'll show those bastards who not to disappoint in the future.

My sister purchased tickets for herself and her daughter-in-law to see Michael Flatley's latest stage show, "Celtic Tiger". The performance last week was one night only, held at a venue in San Diego. They arrived at the theater only to find out that the performance was canceled. No explanation. Were they disappointed ? You bet ! What did they do about it ? Ticket master refunded the ticket purchase. Time will heal my sister's disappointment. She already has forgotten about the incident. Inconvenienced ? Yes. Money refunded ? Yes. Fully compensated for the evening ? Probably not.

Get over it, counselor. Life is unfair. How many times have you spoken those very words to your clients ? Why do you think people in other countries think we Americans are spoiled rotten brats ? When people read stories, such as yours, it sprays gas on these fires of resentment.

If you are embarrassed by the story appearing in the paper don't blame the press.

And, to quote your lawyerly logic in condemming the Plaza staff:

"They made no effort to compensate for the uniqueness of The Plaza."

Oh, paaaaaleeeeeze ! I'm sure the people in New Orleans, Pakistan and Mexico are empathizing with your pain.

One would hope that your daughter's celebration in arriving at one of her life's important milestones would be the event's uniqueness not the building in which the celebration occurs.

I don't know what you are seeking in terms of compensation for your disappointment, but, being a bright person, you must fully realize, money can't buy class. What a wonderful lesson to teach your daughter in her early years of social development.

Sincerely, most sincerely,
Pat Friel

cc: Lloyd Kaplan, Elad Group
Editor, New York Post
Richard Johnson, New York Post




COURT RULES: MAZEL TOUGH
By DAREH GREGORIAN

July 21, 2006 -- A Manhattan judge has tossed out a lawsuit by a couple claiming they endured "humiliation, indignity, distress of mind and mental suffering" when they weren't able to have their daughter's bat mitzvah at The Plaza hotel.

Scott and Suzanne Alenick must come to terms with the fact that things change - like the renovations that scuttled daughter Ashley's dream coming-of-age celebration at the city landmark, Supreme Court Justice Herman Cahn wrote in a decision made public yesterday.

Although the hotel gave the family six months' notice and repaid their $12,000 deposit on the planned $20,000 bash, the Alenicks claimed it "made no effort to compensate for the uniqueness of The Plaza."

The judge said their mental distress claims weren't legally viable, and also tossed their claim for "physical discomfort."

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Anonymous Anonymous said...

I agree with Pat Friel! Seems like your "lawyer" stinks Mrs. Alenick and two words come to mind, spoiled brats! Take your money and buy some class!

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