Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 51

                                                -137-                                                   
            was dissatisfied living in Newark and requested that Cox transfer                           
            him to another hotel that Cox managed in Atlanta.  Connolly,                                
            Transcr. at 2623.66  Although Cox granted Connolly’s request,                               
            Ostroff wanted Connolly to stay at the Gateway Hilton, and he                               
            approached Cox with a proposal to transfer the Gateway Hilton                               
            management contract to Connolly and give Cox another management                             
            contract at a different hotel.  Connolly, Transcr. at 2623-2624.                            
            Ostroff and his superiors at Prudential then decided to terminate                           
            Prudential’s management contract with Cox and awarded the                                   
            management contract to a hotel management company owned by                                  
            Connolly.67                                                                                 
                  Ostroff advised Connolly of Prudential’s desire to have him                           
            manage the Gateway Hilton; however, Ostroff advised Connolly that                           
            he would have to establish a management company of his own                                  
            because Prudential did not want to have its employees involved in                           
            operating the hotel and did not want any of the hotel’s employees                           
            to be Prudential employees.  All hotel employees would have to be                           


                  66  The STJ report, at 54, incorrectly recommended as a                               
            finding of fact that “Connolly informed Ostroff that he was                                 
            considering leaving his position as onsite manager of the Gateway                           
            Hilton, because he felt he was not being adequately compensated                             
            for his services.”                                                                          
                  67  This recommended finding of fact is manifestly                                    
            unreasonable.  As discussed in additional findings of fact, see                             
            infra pp. 138-144, John Connolly (Connolly) continued to manage                             
            the Gateway Hilton, but he neither organized nor operated a hotel                           
            management company.                                                                         



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