NEW YORK CITY-Wien & Malkin has started the process required to vacate an arbitration ruling handed down March 30, claiming serious oversights of several key issues. Irving Schneider, once partner of the late Harry Helmsley, fought Peter Malkin, a partner of Wien & Malkin, for the right to continue as the managing agent of the Empire State Building, the Fisk Building and a few other buildings in lower Midtown. The judge ruled against Malkin, saying that Malkin could not remove Schneider.

The dispute originated from the sale of a building in 1997. It has seen countless man-hours by attorneys and dozens of witnesses. The panel said despite the case put forth by Wien & Malkin, which is the supervisor of the partnerships that own the Empire State Building. “The arbitration panel disregarded a mountain of evidence in this decision,” says Jonathan Siegfried, attorney for Malkin.

Siegfried asserts that the panel did not consider the testimony of property management firm Jones Lang LaSalle, who claimed properties managed by Helmsley-Spear consistently under performed the market when compared to equivalent buildings. Siegfried also notes that Helmsley-Spear, which once managed 50 million sf of property in New York, now manages less than 10 million.

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