Billionaire sues UES co-op seller over not-so-private terrace

July 11, 2013 12:30PM

A Peruvian billionaire is backing out of buying a $27.5 million Upper East Side penthouse and suing the seller over the lack of a “private” wraparound terrace, the New York Daily News reported.

Carlos Rodriguez Pastor said he was told the co-op at 1107 Fifth Avenue, near East 92nd Street, would feature the exclusive use of a 4,780-square-foot terrace. The co-op board later revealed plans to create a roof deck that people would access via a staircase that goes through Pastor’s terrace.

Pastor, who said he never closed the deal after signing a contract last March, is seeking the return of his $2.75 million deposit as well as interest, the Daily News said.

The seller was the estate of Monique Uzielli, a European aristocrat who lived there for more than 50 years.

The estate has already filed its own suit over the botched sale. In an October 2012 suit, the estate accused the board of sabotaging the sale, claiming board president Maureen Klinsky denied a prospective buyer after her own (lower) offer was rejected. The suit also claims it made the approval contingent on the buyer agreeing to make the unit’s private wraparound terrace and roof accessible to residents of the entire building, as reported by The Real Deal.

The four-bedroom, three-bathroom co-op offers a private entrance and French Regency period carved oak. [NYDN]Mark Maurer