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The Antares boys try a novel legal approach: we were too stupid to know what we were doing

April 20, 2014

When you are stuck arguing that your client is just really “dumb”, then you have hit rock bottom in your argument.

For What It's Worth

Joe Beninati: "I really am as stupid as I look." Joe Beninati: “I really am as stupid as I look.”

Joey Bagadonuts Beninati and Jimmy Cabrera lost control of their last possession, 100 West Putnam Avenue, Greenwich, to their creditors last year and are suing to recover management fees they claim are owed them, even though their written contract says otherwise. Here’s a partial transcript of a court hearing in the matter; the judge doesn’t believe them. Had they better counsel, they could have called anyone in Greenwich familiar with their business acumen to back up their claim.

THE COURT: I’m not talking about fraud in the inducement, I’m talking about fraud. You have a clear contract between sophisticated parties, black and white, signed off on. Where is there fraud?

[Counsel for Antares] MR. LEVINE: By making promises — not to fraud in the inducement. By making promises to us that we are entitled to certain — an oral agreement that…

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