Sends NJ Super Lawyer to File Suit Against Perth Amboy
Attorney Richard Crooker
PERTH AMBOY – Developer Charles Kushner has decided to play hardball with the City of Perth Amboy. Attorney Richard A. Crooker filed suit on behalf of Kushner against the City of Perth Amboy in the Middlesex County Courts. This was after the Council rejected a revised Landings Plan presented by Kushner representatives.
The representatives made this presentation of the revised plans at the 11/25/13 Caucus/ Council Meeting.
In the 12/4/13 Amboy Guardian an article stated: Part of the original plans for Landings at Harborside included views of Staten Island Sound and the Raritan Bay, a 4 mi. Walkway along the Waterfront, a marina, 8,500 ft. of retail space, ferry service to New York, shops, cafes and parks. Little of this has taken place.
Attorney Crooker has extensive experience in litigation in many cases involving developer disputes. Some of these cases involved transactions with Brownfields, real estate properties, technological and energy related issues. He is recognized as a New Jersey Super Lawyer.
When representatives from Kushner Industries came before the Perth Amboy Council at the 11/25/13 Caucus/Council Meeting to present a revised plan, most of the speakers who came up after the presentation were none too happy. Some of the homeowners of the Landings lamented the fact Kushner blamed an economic downturn for not being able to complete the Perth Amboy project.
The Landings homeowners were upset that the revised plans called for a large amount of rentals. In an story published in the 6/22/11 Amboy Guardian, there was a meeting by an organization called the Waterfront Homeowner Association which met on High Street on 6/13/11. There was about 70 concerned residents of Perth Amboy along with the Mayor and Helga van Eckert, Exec. Dir. of Economic and Community Development UEZ/BID. The main topic of discussion was the Landings at Harborside Project.
A majority of those attending were Landings homeowners and renters or those who lived in the areas where the Landings developers were supposed to build.
Diaz and Eckert addressed some of the questions abut the Landings Project.
The Landings Project was being scaled back at that time. Some of the comments made at that meeting by the audience members included: “Kushner will give you what you ask for – but it’s junk!”
According to van Eckert,
“A new developer will be taking over the development of property north of Washington Street going toward the rte. 440 Bridge. Kushner will be staying but the old contractors will be leaving.”
The Mayor said that some of the changes proposed included having retail space at the Landings scaled back. This was so the downtown area does not suffer. Restaurants (Sciortino’s is one) will definitely be in the plans. “We cannot have 2-3 bedroom units. We need to create ratable’s and we are hoping to be a part of the Water Ferry stop, but we want to get the train station done first. I was very blunt with Mr. Kushner. I am not selling out the City of Perth Amboy. I am trying to sell the City as a Historic Site that must be protected. Kushner needs to clean up sites and the Waterfront should be for the entire community.”
An article published in the 8/10/11 Amboy Guardian reported: the Landings Project had been scaled down to 26 acres from the original 48 acres of land to be developed.
Representatives from the Kushner Industries gave a presentation at a PARA Meeting with a large crowd, mostly from the Landings Development.
At that meeting, plans were discussed on renovating the old Fire House on High Street and the old Police Station and Courthouse on Fayette Street.
During that meeting, Councilman and PARA Member Kenneth Gonzalez was concerned about the impact the Landings Project would have on the school system.
One of the Landings Residents (Daisy Gonzalez) was not impressed at the artist rendering and the presentation. All she could see is that there is a tight space in the Landings now, and she could not see how all the amenities could be contained in such a small space now.
The common thread that the Landings at Harborside residents have voiced throughout the years when attending public meetings include the following:
1.) The revision from the original plans where most of the amenities that were promised have not come into fruition.
2.) The amount of rentals
3.) The unsafe conditions of some of the existing buildings have not been corrected.
4.) Kushner blaming the economic conditions of not being able to complete the Landings Project even while pursuing and purchasing bigger properties.
Meanwhile in that same timeframe (2007) Kushner Companies purchased a $1.8 billion building in Manhattan (666 Fifth Avenue). At the time, this was the record for the most money paid for a single asset.
Kushner’s lawsuit against the City of Perth Amboy was filed in spite of the fact that the company still owes $4.5 million to the City.
In an article published in the Amboy Guardian in late 2012, many of the Landings residents filed suit against Kushner Enterprises. A copy of that lawsuit (filed on Octo- ber 31, 2012) was presented to the City Council in one of the meetings held in late 2012.
A copy of this lawsuit was also forwarded to the Amboy Guardian.
These are some of the charges filed against Kushner in that suit:
The causes of action asserted in this Complaint include (a) violations of the New Jersey Consumer Fraud Act; (b) negligence; (c) rescission; (d) breach of contract; (e) breach of the implied covenant of good faith and fair dealing; (f) breach of warranty; (g) breach of implied warranty of habitability; (h) fraud and misrepresentation; (i) promissory estoppel; and (j) unjust enrichment.
Out of the 17 luxury buildings promised in the project only 2 buildings have been built.
*Other amenities promised were a marina with boat slips, retail shopping, restaurants, a hotel, a 6000 sq. ft. state of the art health club. Discrete and secure underground parking, a cultural center, a high speed fairy service to New York City, especially the Wall Street Area. They also were promised a security system and owners’ cable television at all the luxury buildings.
An undisclosed source reported that a grassroots group of homeowners from the Admiral and Bayview buildings who each have their own board of directors are filing additional lawsuits against Kushner Enterprises this year.
