140 West End Avenue is located on 66th Street between West End and Amsterdam avenues (Google Maps)
A Upper West Side co-op is at the center of a battle between a Long Island-born victim of child abuse and his abuser.
Michael Malvin, 55, won a $30 million settlement in 2022 after suing his former teacher, David Savage. Savage allegedly sexually abused Malvin repeatedly beginning in 1979 when Malvin was only 10 years old. Malvin says the abuse continued for four years while he was a student at Hewitt Elementary School in Rockville Centre.
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The New York Post reports that Malvin has yet to receive any portion of the $30 million dollar settlement, which is why Malvin is seeking a court order that would transfer ownership of Savage’s one-bedroom co-op in Lincoln Towers at 140 West End Ave. (at West 66th St.). The apartment was briefly on the market in 2023 and was listed for $675,000.
“In our justice system, just because you win a civil case and somebody owes you money, there’s no legal compulsion on the person who loses to pay,” Malvin’s lawyer, Bernard D’Orazio, told the Post. “The burden is on the person who wins to go out and find assets or income to collect from.”
Malvin, who currently lives in California, doesn’t seem overly interested in the apartment itself but rather wants to begin collecting what he’s owed any way possible, and continue to stick it to Savage.
“[This is more about] the F-you factor of being the person to get this place,” he told the Post.
The post reports that Malvin won a bid for the apartment in June but that Savage, who lives in Florida, has ignored requests to transfer ownership.
Malvin’s suit of the 73-year-old Savage was made possible by New York’s Child Victims Act, which was passed in 2019 and made it possible for victims to file civil lawsuits up until their 55th birthday. The age cutoff was previously 23.
I’m not a lawyer, but it’s shocking that the winning victim has the burden to try to collect. Very odd. Anyone have an explanation for why this is?
The burden to collect, to enforce the judgment, comes along only if the debtor fails to pay of their own accord. If debtor acknowledges penalty and pays or begins to pay, we never get to the burden part. This award was result of civil action (no state involvement) so once debtor ignored judgment, the plaintiff is the only party when an incentive to pursue funds.
Thank you.
Not making a comment on the case itself but is information left out? if the abuse started when he was 10 in elementary school in 1979, how did it continue until he was 14 and in middle school if the teacher taught at the elementary school? I also don’t remember a teacher by that name at that school. I was there at the time.
Found an update. Both the victim and abuser had transferred to Lynbrook Middle School. Information that was left out. Hope it works out for him
Nothing to do with this issue however, were you by any chance part of the music department?
I wasn’t saying anything about him collecting his deserved money… I am glad he won the case/judgement. I just didn’t understand the timeline as presented in the posted article. That is all. Did a little digging and found more information on timeline that clarified. No. Not part of music dept.