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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION

CHRISTINE CASTELLANO,
NICHOLAS GRAVANTE, JR., and
RICHARD GRAVANTE,
Plaintiffs,

Case No.: _______________________

COMPLAINT FOR
DECLARATORY JUDGMENT

v.
ELINOR GRAVANTE,
Defendant.

Plaintiffs Christine Castellano (Castellano), Nicholas Gravante, Jr. (Gravante, Jr.)

and Richard Gravante (Richard Gravante) (collectively the Plaintiffs), by their attorneys,
GrayRobinson, for their Complaint against Defendant Elinor Gravante (Mrs. Gravante or
the Defendant) state as follows:
NATURE OF THE ACTION
1.

This is an action for a declaratory judgment, brought pursuant to 28 U.S.C.

2201, by which the Plaintiffs seek a declaration of their competing rights with Defendant
Mrs. Gravante in connection with certain agreements, purported agreements and real
properties in which all parties to this action may or may not have interests.
PARTIES
2.

Plaintiffs Christine Castellano, Nicholas Gravante, Jr. and Richard Gravante

are the only children of Defendant Mrs. Gravante and her deceased husband, Nicholas
Gravante, Sr. Plaintiffs are all citizens of the State of New York.

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3.

Defendant Mrs. Gravante is the mother of the Plaintiffs, and is a citizen and

resident of the State of Florida.

JURISDICTION AND VENUE
4.

This Court has subject matter jurisdiction of this case pursuant to 28 U.S.C.

1332(a)(1), because the Plaintiffs and the Defendant are citizens of different States and the
amount in controversy exceeds $75,000, exclusive of interests and costs.
5.

Venue is proper in this District, pursuant to 28 U.S.C. 1391(b)(1) and (2),

because Mrs. Gravante is a resident of Florida and her residence is located in the Middle
District of Florida, and a substantial part of the events giving rise to the Plaintiffs claims
occurred in the Middle District of Florida.
FACTS COMMON TO ALL CLAIMS
6.

Nicholas Gravante, Sr., the husband of the Defendant and the father of the

Plaintiffs, was for many years a successful attorney, real estate investor and real estate
manager, who owned, in whole or in part, and managed properties located in New York,
Florida and Connecticut. A number of these properties were owned in whole or in part by
Mrs. Gravante and the Plaintiffs.
7.

By the year 2004, Nicholas Gravante, Sr. managed the following properties,

which were owned principally by others:

A. 827 Carroll Street, Brooklyn, New York 11215, which was owned 50% by the
Defendant, and 50% by Plaintiff Gravante, Jr. and is presently owned 50% by the
Defendant and 50% by Plaintiff Gravante Jr.;

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B. 6725 Bay Parkway, Brooklyn, New York 11204, which was owned 100% by
Plaintiff Castellano and is presently owned 100% by Plaintiff Castellano;
C. 68 Bay 13th Street, Brooklyn, New York 11214, which was owned 50% by
Castellano and 50% by Lisa Fattiano, and is now owned 100% by a limited
liability corporation known as CRN Realty, LLC, which is owned 33.34% by
Plaintiff Castellano, 33.33% by Plaintiff Richard Gravante and 33.33% by
Plaintiff Gravante, Jr.;
D. 53 Spring Street, New York, New York 10012, which was owned 100% by 53
Spring Street Associates, LLC. In 2004, Spring Street Associates, LLC was
owned 33% by Plaintiff Castellano, 33% by Plaintiff Richard Gravante, 33% by
Plaintiff Gravante, Jr., 0.5% by Nicholas Gravante Sr. and 0.5% by Defendant
Mrs. Gravante. At the present time, 53 Spring Street Associates, LLC is owned
33.34% by Plaintiff Castellano, 33.33% by Plaintiff Richard Gravante and
33.33% by Plaintiff Gravante, Jr.
The net rentals after deducting operating costs for the properties described in paragraphs
7(A) through (D) (collectively the Four Properties) vary depending on the expenses and
operating costs for each month associated with each of the properties, however, the net
rentals typically exceed $50,000 per month per building in total.
8.

On or about July 25, 2004, Nicholas Gravante, Sr. asked Plaintiffs to sign

certain of the four agreements attached to this Complaint together as Exhibit A (the Four
Agreements). The Four Agreements relate to the four properties described in paragraphs
7(A) through (D). None of the Four Agreements were notarized, and none of the Four

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Agreements was recorded in the property records of Kings County, New York, or New York
County, New York, where the Four Properties were located. Each of the Four Agreements
provided, in relevant part that "all net rentals, after deducting operating costs for the property,
are to be paid fifty (50%) percent to Nicholas A. Gravante, Sr. and fifty (50%) percent to
Elinor R. Gravante or one hundred (100%) percent of the net rentals to be paid to the
survivor of them throughout the rest of their natural lives.
9.

No consideration of any kind was given to the Plaintiffs to induce them to sign

the Four Agreements that purportedly divested them of significant income.

10.

In addition to managing the above-referenced properties owned in whole or in

part by Plaintiffs, Nicholas Gravante Sr. also functioned as lawyer, accountant and tax
preparer for Plaintiffs, their children and other entities, such as trusts, established by Plaintiff
Gravante, Jr. and his wife for the benefit of their children.
11.

From 2004 until August 2014, when Nicholas Gravante, Sr. suffered the first

of three strokes that ultimately resulted in his demise in March 2015, the net rentals obtained
in connection with the Four Properties were not paid as provided in the Four Agreements.
Instead, they were invested on behalf of Plaintiffs and paid to Plaintiffs by Nicholas
Gravante, Sr. in consultation with Plaintiffs and solely for the benefit of Plaintiffs. And,
consistently, from 2004 to 2015, Nicholas Gravante, Sr. agreed and directed that the net
rentals obtained in connection with the Four Properties be used to defray the cost of tuition
for his grandchildren, and paid to Plaintiffs for their personal use in supporting their families
and his eleven grandchildren, rather than being paid to him and Defendant Mrs. Gravante.

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From 2004 through August 2014, Defendant Mrs. Gravante never objected to the use of net
rentals being used for such purposes.
12.

Prior to February 3, 2015, , 2015, Nicholas Gravante, Sr. owned a property at

77 Lake Drive North (Candlewood Isle), New Fairfield, Connecticut (the Candlewood Isle
Property). The Candlewood Isle Property has an appraised value of $1.2 million.
13.

In late November 2014, Nicholas Gravante, Sr. was hospitalized in New York,

New York. As Nicholas Gravante, Sr.s condition worsened, the Defendant repeatedly stated
that she did not want to inherit, occupy or own any portion of, nor did she want to pay any of
the bills relating to Candlewood Isle Property after Nicholas Gravante, Sr.s death.
Accordingly, she requested that the property be transferred directly from Gravante Sr. to the
Plaintiffs in equal shares.
14.

On December 10, 2014, Nicholas Gravante, Sr. signed a power of attorney,

prepared by Plaintiff Richard Gravante at Defendant Mrs. Gravantes request, giving

Defendant Mrs. Gravante the power to, inter alia, engage in real estate transactions on behalf
of her husband, Nicholas Gravante, Sr. The power of attorney signed by Nicholas Gravante,
Sr. was a Connecticut statutory short form power of attorney. A copy of the power of
attorney is attached to this Complaint as Exhibit B. The power of attorney signed by
Nicholas Gravante, Sr. on or about December 10, 2014, was witnessed by his grandson,
Nicholas J. Gravante, Gravante, Jr., Richard Gravante and Richard Gravantes wife, Mary
Looby. Nicholas Gravante, Sr.s signature was notarized by Mary Looby, and the power of
attorney was recorded in Fairfield County, Connecticut on February 3, 2015.

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15.

After receiving the power of attorney attached to this Complaint as Exhibit B,

the Defendant signed a deed, prepared by Plaintiff Richard Gravante at Defendant Gravantes
request, transferring the Candlewood Isle Property to the Plaintiffs. A copy of the deed is
attached to this Complaint as Exhibit C. This deed was notarized by Steven Horn on January
17, 2015, in the Middle District of Florida, where the Defendant was residing at that time.
The Defendant thereafter caused the deed attached as Exhibit C to be recorded in Connecticut
on February 3, 2015.
16.

After the deed transferring the property was recorded in Connecticut on

February 3, 2015, Gravante, Sr. died of natural causes on March 7, 2015. At the time he
died, Nicholas Gravante, Sr. was intestate.
17.

Subsequent to Gravante Sr.s death and in reliance on the transfer of the

property by Defendant Mrs. Gravante to Plaintiffs on February 3, 2015, Plaintiffs entered

into a transaction among themselves whereby Plaintiff Castellano purchased from Plaintiff
Richard Gravante and Plaintiff Gravante, Jr. their one-third interest in the property,
transferring 100% of the ownership of the property to Plaintiff Castellano. Also in reliance
on Defendant Mrs. Gravantes transfer of the property to Plaintiffs, Plaintiff Castellano has
spent substantial sums repairing, renovating and redecorating the property. In further reliance
on Defendant Mrs. Gravantes transfer of the property to Plaintiffs, Plaintiff Richard
Gravante purchased from Plaintiff Castellano her and her familys house across the street
from the property. Throughout the entire period in which these acts took place, Defendant
Mrs. Gravante was aware that they were taking place and affirmatively assisted in the
transfer of property.

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FIRST CLAIM FOR DECLARATORY RELIEF

18.

The Plaintiffs reincorporate the allegations contained in Paragraphs 1-11

19.

This is a substantial controversy between the parties regarding the validity of

herein.

the Four Agreements and whether the Plaintiffs are obligated to remit payments to Defendant
Mrs. Gravante relating to the net rental income for the Four Properties.
20.

The Plaintiffs did not receive any consideration in connection with their

execution of the Four Agreements and are in doubt regarding the validity of the Four
Agreements.
21.

The Defendant has demanded that the Plaintiffs pay her 100% of the net

rentals obtained in connection with the Four Properties, despite the fact that for more than 10
years, Nicholas Gravante, Sr., Defendant Mrs. Gravante and Plaintiffs used those net rentals,
inter alia, to pay for the tuition costs of the grandchildren and to otherwise help support
Plaintiffs and their families. At no point during the period from 2004 to the time of Gravante
Sr.s death did Defendant demand any of the net rentals to which she was purportedly
entitled pursuant to the Four Agreements.
22.

The Plaintiffs have refused to pay the Defendant 100% of the net rentals to

which she is purportedly entitled pursuant to the Four Agreements. Instead, they have used
those funds to defray the cost of their childrens tuition and have otherwise paid the net
rentals to themselves in the same manner in which Nicholas Gravante, Sr., Defendant
Gravante and Plainitffs used those funds during the period from 2004 to 2014.

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23.

The validity of the Four Agreements and the appropriate distribution of the net

rentals is an actual and present dispute involving adverse legal interests of sufficient
immediacy, as the Defendant has demanded payment of monies pursuant to the Four
Agreements, which the Plaintiffs contend are invalid.
24.

The Plaintiffs require a declaration as to their rights with respect to the Four

Agreements so that they can apportion the net rentals obtained from the Four Properties
between themselves in accordance with their rights to the net rentals.
SECOND CLAIM FOR RELIEF
25.

The Plaintiff reincorporate the allegations contained in Paragraphs 1-5, 12-17

26.

There is a substantial controversy between the parties regarding the present

herein.

ownership of the Candlewood Isle Property.

27.

After an argument between Defendant Gravante and Plaintiff Castellano

relating to which bedroom she should sleep in during her planned visit to the Candlewood
Isle Property to spend time with her family over the Fourth of July weekend in 2015,
Defendant has demanded an ownership interest in the Candlewood Isle Property based upon
a purported rescission of the power of attorney and the deed transferring property. Defendant
Gravante has taken the position that she changed her mind and wants to reverse the transfer
she requested and caused to occur and on which Plaintiffs and their families have
substantially relied.
28.

In reliance on her belated assertion that the deed she signed transferring the

property to Plaintiffs is invalid, the Defendant has recently asserted that she is a 50% owner

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of the Candlewood Isle Property because a 50% interest in the property passed to her when
Nicholas Gravante, Sr. died intestate in March 2015.
29.

As the deed transferring ownership of the Candlewood Isle Property was

properly executed before Nicholas Gravante, Sr. died intestate in March 2015, the
Candlewood Isle Property was not part of his intestacy estate and thus no interest was passed
to Defendant Mrs. Gravante.
30.

The validity of the power attorney and the deed transferring ownership of the

Candlewood Isle Property is an actual and present dispute involving adverse legal interests of
sufficient immediacy, as the Defendant has demanded her ownership interest in the
Candlewood Isle Property based on a rescinded or invalid deed.
31.

The Plaintiffs require a declaration as to their rights with respect to the power

of attorney and deed attached to this Complaint. In the absence of such a declaration,
Plaintiff Castellanos title to the Candlewood Isle Property will be clouded by the
Defendants claims, and Plaintiff Castellano will be prevented from selling or encumbering
the property and will be unable to enjoy possession of the property free of any claim to
possession that the Defendant might assert.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs Christine Castellano, Nicholas Gravante, Jr. and Richard
Gravante respectfully request that the Court grant the following relief with respect to their
causes of action:
A.

A declaratory judgment that the Four Agreements attached as Exhibit A to this

Complaint are void and unenforceable; and

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B.

A declaratory judgment that the power of attorney attached as Exhibit B to

this Complaint and the deed attached as Exhibit C to this Complaint are valid
and enforceable;

C.

An award of costs and reasonable attorneys fees to the Plaintiffs; and

D.

Such other and further relief as the Court may deem just and proper.

Respectfully submitted this 29th day of February, 2016,

/s/ Mayanne Downs

Mayanne Downs
Florida Bar No. 754900
Email: [email protected]
Jason A. Zimmerman
Florida Bar No. 104392
Email: [email protected]
G. Brock Magruder
Florida Bar No. 112614
Email: [email protected]
GRAYROBINSON, P.A.
301 E. Pine Street, Suite 1400
Post Office Box 3068
Orlando, Florida 32802-3068
(407) 843-8880 Telephone
(407) 244-5690 Facsimile
Attorneys for Plaintiffs

10

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In excess of
$75,000

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