Carlyle, Extell face yet another suit at the Rushmore

August 21, 2012 01:30PM

The co-developers of the Rushmore, a 289-unit luxury condominium on the Upper West Side are facing legal trouble yet again, according to Crain’s. Extell Development and Carlyle Realty Partners are being sued by Chris Bevilacqua, who has a unit under contract at the Rushmore, for breach of contract. Bevilacqua claims that information affecting the offering, such as previous lawsuits and administrative proceedings, was not disclosed. He is seeking the return of his $525,000 deposit plus an additional $5 million in punitive damages.

“Mr. Bevilacqua plans to hold the defendants and their principals accountable for the false and improper certifications made under the contract and offering plan as more particularly described in the lawsuit,” Marc Held of the Lazarowitz & Manganillo law firm, who is representing the plaintiff, said.

In 2010, the Rushmore, located at 80 Riverside Boulevard, was ordered by the court to refund 40 condo buyers a total of $16 million after missing a closing deadline – New York’s largest recorded refund. The developers claimed that the condo offering plan’s Sept. 1, 2008 deadline was a typo, and have since appealed the ruling four times. [Crain’s] –Christopher Cameron