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Only in New York: an “Upper-Class”-Action Lawsuit

SoHo, Manhattan

Class-Action Lawsuit
Sept. 19, 2019

The buyer of a luxury condo apartment at 565 Broome Street in Soho was so dismayed that the promised $2,200 Miele wine chiller was missing from his kitchen that he has filed a class-action lawsuit against the developer, the Real Deal reports. Make that an upper-class-action lawsuit. 

Ayal Martin Hayes, who through an LLC bought the $3.6 million unit at the development, alleges in a new lawsuit that buyers-to-be were promised the specialty coolers, which were supposed to be integrated into at least some of the kitchens’ white oak cabinetry. Instead, the owner’s kitchen is missing the feature. 

“This devalues the kitchen and the apartment; particularly to wine enthusiasts,” states the complaint, a class-action lawsuit filed in New York County Supreme Court

“This lawsuit, which is being filed by one person over not having a $2,200 wine cooler, is frivolous and completely without merit… We look forward to vigorously responding to this issue in court,” said a spokesperson for the building. 

Hayes bought the 12th-floor, 1,447-square-foot pad in April. In advertisements and in the condo’s offering plan, some units, such as the owner’s two-bedroom, two-and-a-half bath condo, were supposed to come equipped with the integrated wine coolers, the complaint says. It lists the single owner as a plaintiff, but it was filed as a class-action lawsuit intended to cover any purchasers affected by the lack of wine coolers. 

The Renzo Piano-designed project, which is comprised of two 30-story glass towers, actually does have amenities, including a 55-foot indoor swimming pool, fitness center, and spa.

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