J.W. Mays department store heir Lloyd Shulman, who owns the South Bay Country Club in Oceanside through a corporation called Weinstein Enterprises has moved in federal bankruptcy court to terminate the lease granted in March by the court to Hewlett Harbor resident Tariq Kahn, the majority partner in the leaseholder, South Bay Country Club, citing 65 violations of the lease, some of which, Shulman claims, are violations of the law as well.
The motion, filed by Shulman‚Äôs attorney, Howard Berman, on Aug. 6, asks the court to terminate the interest of South Bay Country Club, directs South Bay to vacate the premises, turn over all the keys, leave everything as it is and move out.
‚ÄúSouth Bay is in material breach of virtually every significant provision of every agreement it has signed,‚ÄĚ Berman said in court papers obtained by the Herald. ‚ÄúIn the four short months since it executed its agreement on April 8, 2013, South Bay‚Äôs defaults run well into the dozens and more are discovered with each passing day‚Ä¶‚ÄĚ
Kahn disputes the motion and is fighting it in the Eastern District bankruptcy court. ‚ÄúWhen somebody takes you to court, you have no choice but to respond,‚ÄĚ he said this week. ‚ÄúThe fact is, since I bought the lease, I have done nothing but enhance the golf course. You don‚Äôt have to pay for a membership any longer, you can pay for a round of golf and dozens of people come here.‚ÄĚ
On March 8, the federal bankruptcy court approved assigning the lease, formerly held by the Middle Bay Golfer‚Äôs Association, a group that filed for bankruptcy in January, in the wake of massive devastation to both the golf course and the catering facility on the property after Hurricane Sandy, to Kahn, a member of the club for 14 years. Kahn owns a chain of 7-11 stores, mostly on the south shore of Long Island.
That lease, which still had more than 13 years to run, earned more than $500,000 a year for Shulman and his corporation. The new owners were to pay substantially the same amount after assuming the lease.