First published: Mar 2022
Bad Behavior
Sometimes the animosity that grows between neighbors takes on a life of its own, and if not nipped in the bud drives them to self-destructive behavior. Where the parties could not act rationally to realize their interests, the judge had to step in and be the grownup, if for no other reason, to prevent abuse of the court’s resources.
THEROUX V. RESNICOW
WHAT HAPPENED Justin Theroux, an actor and member of the co-op board, is the upstairs neighbor of the defendants, Norman J. Resnicow, a partner in the law firm of Fox Horan & Camerini LLP, and his wife, Barbara Resnicow, both former members of the board. Theroux and his then wife, Jennifer Aniston, got board approval to combine their apartment with a neighboring apartment. The Resnicows complained about excessive noise from the renovation work and access to a 2-inch by 20-foot strip of a shared roof deck. A war of words erupted, with charges of harassment, voyeurism, animal and spousal cruelty. Eventually, the neighbors wound up in court, and a temporary restraining order was issued enjoining Resnicow from trespassing on Theroux’s property and from using abusive language when addressing the co-op board or potential witnesses to the litigation. After several proceedings, Theroux moved for an order holding Resnicow in civil contempt for yelling at and verbally abusing his own wife. The Justice held that the alleged abusive conduct by Resnicow upon his wife was not to be addressed in his court in the context of this case, and it had to be resolved elsewhere. The Justice strongly suggested that the parties meet to attempt to negotiate a settlement of this long-standing dispute. COUNSEL: For Plaintiff Theroux Pryor Cashman / For Respondant Peter M. Levine, Esq.
