Double Bass Kolstein Legal issues

[DaveMFM]

Do you have a link or access to those new complaints? Would be great to keep this thread current. I was wondering if they had settled, and was betting that they would not. Afterall, one needs money to settle and Manny couldn't pay his rent.

Yes, here's the search page I'm using. "Kolstein" in name of business/organization gets you all the stuff I've mentioned. Invalid Link Removed

 

[rogerbmiller]

Thanks @DaveMFM

Attaching the new complaint below. Quick summary:

Two buyers filed the complaint. They buyers each consigned instruments with Kolstein with one valued at $60K and the other valued at $18K. Both were sold but neither owner ever received any proceeds from sale. This lawsuit is seeking each plaintiff's percentage interest of the sale price plus costs, attorney fees and interest.

Another VERY interesting and concerning tidbit I gathered from this complaint is that as of 2024 Manny now also owns a home in Florida for which he paid almost $1MM and claims as his primary residence per the lawsuit. The lawsuit is filed in Nassau however as Manny has a home there too and that is were these acts occurred.

The reason this bit about the Florida home is significant as Florida is a state that has a homestead exemption that protects a debtor's primary residence in bankruptcy.

The nicest thing I could say is that this entire fact pattern is "concerning" but I think we all know what is going on here. I would urge folks not to do business with Kolstein's at this point as this complaint makes for 4 such incidences in recent history of what are essentially stolen basses.

If you have an instrument on consignment there, you might want to consider reclaiming it, if it hasn't already been sold.

 

[SAlcott]

I'm wondering where all the instruments from the now-empty Midtown shop actually are.

 

[rogerbmiller]

Yep.

Again, I think we can all surmise what is going on here...

 

[bassically_eli]

Is this latest bit of news about Manny enough to potentially result in a criminal investigation?

 

[rogerbmiller]

Is this latest bit of news about Manny enough to potentially result in a criminal investigation?

Great question. I would think not because these are so far one-off civil complaints, but that is beyond my paygrade so to speak. Perhaps there is an attorney reading this who can opine?

 

[rogerbmiller]

I'm wondering where all the instruments from the now-empty Midtown shop actually are.

And the Roosevelt Field shop. And the Orlando Shop.

I have no idea, but I find it interesting that his new FL home has a very large and lofty guest house...

 

[rogerbmiller]

The hole keeps getting deeper. It seems that post-eviction, Essex House is now suing Manny for unpaid rent to the tune of over $200K. Complaint attached.

I also read the stolen instruments complaint more carefully last night and realized that is is for treble damages given violation of NY law concerning deceptive business practices. So that is probably another $200K plus in damages being sought.

 

[prom311]

Just came across this article on the The NY Post homepage which was published today so looks like the media is starting to run with this story. Hope it has a happy resolution for everyone.

Long Island music shop allegedly cheated owners after selling instruments worth more than $700K on consignment

An internationally-renowned Long Island music store sold valuable bass violins on consignment — and failed to give the owners the millions in proceeds, according to a pair of lawsuits.

nypost.com

 

[Don Hergert]

Since this is a sticky now, it would be helpful to have a list of all of the associated music store names and locations that are involved with this, so double bass players don't accidentally find themselves dealing with people involved with these court actions. It sounds like there are quite a few locations now.

 

[rogerbmiller]

Since this is a sticky now, it would be helpful to have a list of all of the associated music store names and locations that are involved with this, so double bass players don't accidentally find themselves dealing with people involved with these court actions. It sounds like there are quite a few locations now.

All of their locations have closed down via eviction. So the only Kolstein store remainingnow is the main shop on Foxhurst Avenue in Baldwin, New York.

Incidentally, the physical building is still owned by Barrie Kolstein and I believe based on another lawsuit, he is one of the many people whose instruments have essentially been converted by Manny. I believe he’s also suing as the landlord for unpaid rent.

 

[Don Hergert]

All of their locations have closed down via eviction.

Does that include the stores in Florida?

 

[rogerbmiller]

Great question. I would think not because these are so far one-off civil complaints, but that is beyond my paygrade so to speak. Perhaps there is an attorney reading this who can opine?

I think in light of the NY Post article it is safe to say that there is a clear pattern of fraud here to the tune of millions and it is likely that the US Attorney’s office will take notice.

 

[rogerbmiller]

Does that include the stores in Florida?

Yes. Permanently closed.

 

[Ross Kratter]

Does that include the stores in Florida?

The Orlando store, which was the only Florida location, closed in maybe 7 or 8 months. It didn’t last long at all.

 

[JazznFunk]

So.... where does LaFaro's bass reside now? Whatever happens with all of the fallout, we all hope that piece of history hopefully ends up in the right hands.

 

[rogerbmiller]

So.... where does LaFaro's bass reside now? Whatever happens with all of the fallout, we all hope that piece of history hopefully ends up in the right hands.

This is just speculation, but I would imagine that Barrie still owns it via his LLC that owns the Kolstein musical instrument inventory Manny is supposed to be consigning. Unfortunately, this LLC also filed a complaint against Manny (a copy of which is attached somewhere in this thread I believe) presumably because he is also consigning Barrie’s personal inventory and not paying him.

So this fraud probably extends beyond the $2MM cited in the NY Post article.

Hopefully Barry had the sense to hold onto that LaFaro bass but who knows at this point.

 

[groooooove]

Long Island music shop allegedly cheated owners after selling instruments for $2M on consignment

yikes, folks.

 

[groooooove]

New York double bass dealership Kolstein Music sued by five different owners

and now it's in the strad.

 

[rogerbmiller]

New York double bass dealership Kolstein Music sued by five different owners

and now it's in the strad.

Manny is about to go through some things, as the kids would say.