Courts roundup: Fourth buyer seeks rescission at Fortis project; city alleges prostitution, gambling
Courts roundup for April 28 and 29, 2021: There were no commercial real estate bankruptcies and one small commercial foreclosure.
Please note that court filings reflect the position of just one party and are not necessarily accurate or complete.
Fourth condo-buying couple seeks rescission at Fortis project: A fourth couple filed a lawsuit this week seeking rescission of a condo unit purchase at Fortis Property Group’s 5 River Park in Cobble Hill, Brooklyn. The Brooklyn Paper reported in March that a very loud whistling noise was coming from the building, likely caused by wind passing through the balconies. The couple who filed the latest lawsuit signed a contract in 2019 to buy unit 4A for $3.6 million and put down a deposit and other fees. They claim the contract had an outside closing date of January 1, 2021. The sale did not close and they asked for their money back, however, they claim, Fortis did not respond. The filing continues. “At present, at least three (3) sets of purchasers have already filed legal actions against Sponsor for failing to return their contract deposits after cancelling the agreements when the closings did not happen by the outside closing date. The captions in those actions are Daniel Belke and Jordana Belke v. FPG CH 349 Henry LLC, Index No. 657215/2020; Susan Shimada and Isamu Shimada v. FPG CH 349 Henry LLC, et. al, Index No. 503736/2021; and Peter A. Murin and Robin M. Jaffe-Murin v. FPG CH 349 Henry LLC, et. al, Index No. 505868/2021.” LINK
Toorak files to foreclose on $800K Queens loan: Toorak Capital Partners filed to foreclose on an $800,000 loan secured by 686 Onderdonk Avenue, a six-unit rental building in Ridgewood, Queens. LINK
City alleges prostitution, gambling in 3 properties: The city filed three lawsuits yesterday alleging prostitution in two properties and gambling in one. The illicit sexual activity allegedly occurred on the ground floor at 160-06 46th Avenue, Flushing, LINK and on the second floor of 98-11 Astoria Boulevard, Queens, LINK. The alleged illegal betting was at 182 Sherman Avenue, New York on the ground floor LINK.