Linda Stein's daughters sue Elliman in mother's murder
November 04, 2009 02:00PM By Adam Pincus
Linda Stein and her alleged killer, Natavia Lowery
Daughters Samantha Wells and Mandy Stein allege in a new wrongful death lawsuit that the city's largest residential brokerage hired Natavia Lowery, their mother's personal and work assistant, despite several arrest warrants having been filed against her and should have hired someone from within the company, rather than through a job placement agency.
The brokerage "failed to perform their own background check on Natavia S. Lowery or use better judgment when hiring someone such as this for a professional such as Linda Stein who dealt with celebrity clients and multi-million dollar properties," the suit, which does not specify the amount of money the daughters are seeking, says.
The lawsuit was filed by Wells in New York State Supreme Court Oct. 30, exactly two years to the day from the slaying of their mother in her Fifth Avenue home, and names Prudential Douglas Elliman entities, as well as the temporary agency Axion that provided Lowery as an employee.
The suit comes in the nick of time because in most instances in New York, a wrongful death lawsuit must be filed within two years of the date of death, legal experts said.
Stein was bludgeoned to death in her penthouse apartment at 965 Fifth Avenue between 77th and 78th streets. Days later Lowery was arrested and charged in the killing. She initially confessed to the murder, but later recanted saying her statement had been coerced, and no trial date has been set.
The suit claims that Lowery told Stein's supervisor, Ronald Tardanico, an executive vice president at Elliman, that Lowery was unhappy working for Stein. But the brokerage did not inform Stein that her assistant was unhappy, thereby placing Stein in a dangerous situation as they worked in close quarters in Stein's apartment, the suit alleges.
Stein was considered one of the city's top residential brokers, having sold multi-million dollar properties to stars such as Michael Douglas and Steven Spielberg.
Neither Wells nor Stein nor Axion immediately responded to calls for comment.
Elliman said through a spokesperson that it did not comment on ongoing litigation.
Wells filed the case without an attorney, which was an unusual move, legal experts said.
"Most of these types of cases are handled by experienced attorneys and not by people on behalf of themselves and the estate," attorney Peter Agulnick, who focuses on civil litigation, said.
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Comments
Anonymous
then they wonder why don't get hired. look what happens. I am sorry for the Stein family. She was a cool lady.
Comment #1 Posted By: Anonymous 11/04/09
Anonymous
she was a special lady I wish her family the best of luck interesting case
Comment #2 Posted By: Anonymous 11/04/09
Anonymous
Always blame someone else...why didn't Stein herself, OR her family check out this person? Money hungry attorneys at it again.
Comment #3 Posted By: Anonymous 11/04/09
Anonymous
Please tell me they pull background checks on their real estate agents...
Comment #4 Posted By: Anonymous 11/04/09
Anonymous
#3 - according the the facts in this article, the brokerage firm hired the assistant for Ms. Stein, therefore, the company involved itself and lastly, the daughter is filed a suit Pro se...
Comment #5 Posted By: Anonymous 11/04/09
Anonymous
PATHETIC! Just pathetic.
Comment #6 Posted By: Anonymous 11/04/09
Anonymous
I agree #3. I always checked my assistant's references personally in the years I've been brokering. Whether the firm referred someone or I got the person on my own..I would just not trust my own company any more than a friend referring a friend. It is MY responsibiliy as an independent contractor to clear my own assistants before hiring them...after all my firm did not PAY for the assistant's job I can guarantee that! I feel sad for the Stein family and their mother's horrible fate but puleaze!
Comment #7 Posted By: Anonymous 11/04/09
Anonymous
Wrongful death? most deaths are wrong, and sorry, but having a few warrants on you does not = potential murderer. I also have an issue with "... use better judgment when hiring someone such as this for a professional such as Linda Stein..." Give me a break.
Comment #8 Posted By: Anonymous 11/04/09
Anonymous
greedy daughters~trying to make money off her dead mother Pathetic....blaming Elliman sounds preposterous! May Linda rest in peace~she luved working for Elliman!
Comment #9 Posted By: Anonymous 11/04/09
Anonymous
comon elliman... sup with that
Comment #10 Posted By: Anonymous 11/04/09
Anonymous
Brokerages do not do background checks. Hires are brought in for production. If you make money it doesnt matter what you do. The low entry point of the license allows "brokers" to flood in during the good times and leave during the bad. This suit is riduclous, Stein could have done it herself and if she didnt its her own fault. Funny how the well to do blame everyone but themselves.
Comment #11 Posted By: Anonymous 11/05/09
Anonymous
If this assistant was such an obvious menace that Elliman should have picked up on it why didn't Linda pick up on it? Why wasn't Linda suspicious and do her own checks? This is a disgusting lawsuit. Does this mean that anytime anyone murder's a co-worker that the employer must pay millions?
Comment #12 Posted By: Anonymous 11/05/09
Anonymous
the whole situation is sad.. the temp agency.. axion is ultimately to blame.. they should have vetted their employees.. prudential and other companies hire temps from them thinking that they have done their due diligence with employees.. that is what they get paid for..hopefully prudential is suing axion as well.
Comment #13 Posted By: Anonymous 11/05/09
Anonymous
The Steins are nothing but a class act
Comment #14 Posted By: Anonymous 11/05/09
Anonymous
SUE! the case is not even over yet, but I guess it cost a lot to pay off so many people to cover this story up. SHAME trying to send someone to jail for something they did not do. If they get anything $$$ they will be paying it back.
Comment #15 Posted By: Anonymous 11/08/09
Anonymous
I agree, there is something very strange about this case
Comment #16 Posted By: Anonymous 11/08/09
Anonymous
They are suing cause it looks like this case is never going to trial. Two years and no date set...the prosecution is bungling it and the daughters are correct to seek whatever justice they can get. Lowery was stealing from Stein, why can't they convict on that at least? Something fishy going on...
Comment #17 Posted By: Anonymous 11/12/09