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Sabbath Wins in Cohen v. Seinfeld Ruling
Arutz 7 ^ | Jan 17, '07 | Ezra HaLevi

Posted on 01/17/2007 8:50:22 AM PST by Nachum

American Jewish comedian Jerry Seinfeld was ordered by the court to pay a Sabbath-observant realtor her fee, which he withheld due to her not having answered her phone on Saturday.

The realtor, Tamara Cohen, was unavailable when Seinfeld tried to reach her on a Saturday in February, 2005, according to the New York Post. The comedian and star of the highly successful sitcom bearing his name wanted to see a luxury apartment on 82nd street but could not get in touch with Cohen.

Seinfeld’s estate manager had visited the apartment with Cohen in January 2005, when the listing broker for the townhouse agreed to co-broke the house with her. On Friday, February 11, the estate manager and Seinfeld’s wife Jessica were shown the property by Cohen again. The next day, after Cohen did not answer her cell phone due to it being the Sabbath, the Seinfelds visited the apartment on their own, buying the home for $3.95 million without a broker.

Seinfeld testified that Cohen did not deserve the payment as she had been unavailable when he and his wife wanted to see the home. Both Seinfelds said they had not known the reason Cohen did not return their calls was that she was a Sabbath-observant Jew.

New York State Supreme Court justice Rolando Acosta ruled that the Seinfelds must pay Cohen at least $98,000 for her role as co-broker – a ruling that is seen as a positive defense of religious worship for Sabbath observers.

Acosta said that notwithstanding Cohen's failure to immediately return the Seinfelds' calls, "[T]he evidence clearly indicates that she served as the Seinfelds' real estate broker."

"The only real issue here . . . is whether the broker's fee was 5 or 6 percent," Acosta said, meaning Cohen may get as much as $118,500.

Richard Menaker of Menaker & Hermann, the law firm that represented the Seinfelds, said he intends to move to re-argue. "Not a single one of the [six] arguments we made was addressed," Menaker said, according to Law.com. "At the oral argument I pointed out that Ms. Cohen is not licensed. You can only recover on an oral agreement if you're a licensed real-estate broker," he added. Cohen’s lawyer said that she is in fact licensed and that the court apparently agreed.


TOPICS: Business/Economy; Culture/Society; News/Current Events
KEYWORDS: cohen; sabbath; seinfeld; wins
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Who new!?
1 posted on 01/17/2007 8:50:23 AM PST by Nachum
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To: Nachum

Get out!


2 posted on 01/17/2007 8:52:43 AM PST by gcruse (http://garycruse.blogspot.com/)
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To: Nachum

Not answering the phone on the Sabbath?

What's that all about?


3 posted on 01/17/2007 8:53:10 AM PST by RabidBartender
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To: Nachum

Ooohhhhhhhh...that's a shame.


4 posted on 01/17/2007 8:54:07 AM PST by Pete
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To: Nachum
Seinfeld testified that Cohen did not deserve the payment as she had been unavailable when he and his wife wanted to see the home.

She had shown it to them twice.

If he didn't want to pay a broker's fee, he shouldn't have wasted the broker's time.

5 posted on 01/17/2007 8:54:43 AM PST by E. Pluribus Unum (Islam is a religion of peace, and Muslims reserve the right to kill anyone who says otherwise.)
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To: Nachum

Seinfield is such a jerk! Wow!


6 posted on 01/17/2007 8:54:48 AM PST by rawhide
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To: Nachum

It's just, I suppose. A deal is a deal.

But she needs a goy partner/employee to take care of her Saturdays, just because the customer is always right --- and real estate is bought on the weekend.

She could probably find an observant Christian for whom she can trade-off by covering on Sunday.

It's what all the doctors (esp OBs) do.


7 posted on 01/17/2007 8:55:24 AM PST by MeanWestTexan (Kol Hakavod Lezahal)
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To: RabidBartender

It's work. No work on Sabbath.


8 posted on 01/17/2007 8:55:53 AM PST by MeanWestTexan (Kol Hakavod Lezahal)
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To: Nachum

Cohen showed him the property...Gees...Jerry, pay her her comission!

The bad publicity alone as a cheapskate is bad.


9 posted on 01/17/2007 8:56:03 AM PST by Recovering Ex-hippie (There are no moderate Mooslims !)
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To: E. Pluribus Unum

Bingo. Times 2 on ignoring the mitzvot.


10 posted on 01/17/2007 8:56:15 AM PST by onedoug
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To: RabidBartender
They don't answer the phones. They don't flip the light switches (some will be left on from Friday afternoon). Their front door will usually be unlocked if they go out because they won't carry keys in their pockets.

Take the North Bergen, NJ "blue laws" about not doing work on Sunday, amplify it a bit and apply it to Saturday instead, and you're in the ballpark.

If you are parked in Borough Park, Brooklyn on a Saturday morning and you go out for a drive, you're spot will still be there later as long as you are back by sundown.

11 posted on 01/17/2007 8:56:56 AM PST by Tanniker Smith (I didn't know she was a liberal when I married her.)
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To: MeanWestTexan

A Jew doesnt know Jewish tradition?


12 posted on 01/17/2007 8:57:04 AM PST by Long Island Pete
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To: Recovering Ex-hippie

Wait! I take back my comment aobut Jerry.

I bet it is HIS broker that doesn't want to share the commission!!!!!


13 posted on 01/17/2007 8:57:16 AM PST by Recovering Ex-hippie (There are no moderate Mooslims !)
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To: 1st-P-In-The-Pod; A_Conservative_in_Cambridge; af_vet_rr; agrace; albyjimc2; Alexander Rubin; ...
FRmail me to be added or removed from this Judaic/pro-Israel/Russian Jewry ping list.

Warning! This is a high-volume ping list.

14 posted on 01/17/2007 8:58:50 AM PST by Alouette (Learned Mother of Zion)
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To: Nachum

Well, I'd call Seinfield a cheapskate for at least two reasons.

1) If you first see a house with a realtor, you have a legal commitment to pay that realtor a fee, no matter how many times you go back. Sabbath or no sabbath, that's the rule. It wouldn't really matter why she couldn't answer her cell phone.

2) Maybe he didn't know why she didn't answer the cell phone on that Saturday, but he certainly must have been told before it went to court.

So in addition to being a cheapskate, he also displayed contempt for her religion. Why are rich people always skinflints? When I was a boy, I was told that's why they're rich.


15 posted on 01/17/2007 8:59:52 AM PST by Cicero (Marcus Tullius)
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To: Nachum

This begs the question: When did it become acceptable to expect everyone to be at your beck and call every hour of the day or they don't get paid?


16 posted on 01/17/2007 9:00:38 AM PST by pollyannaish
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To: rawhide

Neither one of the Seinfelds is much on keeping contracts, apparently. Remember, Jessica dumped her first husband for Jerry, and she was just back from her honeymoon when she did it!


17 posted on 01/17/2007 9:01:43 AM PST by linda_22003
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To: MeanWestTexan

You can't hire people to do work either.


18 posted on 01/17/2007 9:02:09 AM PST by Borges
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To: gcruse

Thought he was dealing with Tim Whatley...


19 posted on 01/17/2007 9:02:58 AM PST by johnny7 ("We took a hell of a beating." -'Vinegar Joe' Stilwell)
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To: MeanWestTexan

No kidding. As a Realtor myself, c'mon, when you're not available, DELEGATE


20 posted on 01/17/2007 9:05:24 AM PST by SaintDismas (.)
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