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Both sides happy after Herald Towers legal wrangle ends with $115M sale.


The legal dispute over the potential sale of the Herald Towers, located across the street from Macy's at 50 W. 34th St., has been resolved with only the residential portion of the building changing hands for a reported sum of $115 million.

Morris Bailey's JEMB JEMB Joint Environmental Management Board (US DoD)  Realty realty n. a short form of "real estate." (See: real estate)


REALTY. An abstract of real, as distinguished from personalty. Realty relates to lands and tenements, rents or other hereditaments. Vide Real Property.
 will sell the property to Property Markets Group, owned by Ziel Feldman.

Last summer, Feldman sued Bailey and his JEMB co-principal, Joseph Jerome, for abruptly terminating a $228M sale contract for the entire building.

Feldman claimed Bailey and Jerome tried to block PMG's Fannie Mae Fannie Mae: see Federal National Mortgage Association.  financing. Bailey responded, calling the allegations "factually incorrect" and "baseless," and adding that he had tried to help, not hinder hin·der 1  
v. hin·dered, hin·der·ing, hin·ders

v.tr.
1. To be or get in the way of.

2. To obstruct or delay the progress of.

v.intr.
 Feldman obtain the loan.

Lawyers for both sides said the lawsuit, which had reached the New York Supreme Court For the highest appellate court in New York, see .
The Supreme Court of the State of New York is New York State's highest trial court, and is of general jurisdiction. There is a supreme court in each of New York State's 62 counties, although some of the smaller counties share
, had been withdrawn.

"He's agreed to settle the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
," Feldman's lawyer, Andrea Roschelle, said.

The residential portion of the buildings includes 690 rental apartments, which Feldman will probably convert to condominiums, Roschelle said. The building's health club is also included in the residential portion and will, likewise, be changing hands.

"It's a good thing for both sides that (the lawsuit) was amicably am·i·ca·ble  
adj.
Characterized by or exhibiting friendliness or goodwill; friendly.



[Middle English, from Late Latin am
 resolved," Roschelle said.

The brick-and-masonry structure is home to a high-volume Gap store and will soon host Forever 21, a sportswear store. Bailey's lawyer, Jonathan Mechanic, said the two sides each wanted to focus on their respective specialties, hence the split sale.

"I think there was some disagreement about the buyer's (details) and his focus on the residential," Mechanic said. "And the focus of the seller was on the retail."

Roschelle said her client had specialized in converting apartments to condominiums.

"Mr. Bailey wanted to retain control over the commercial development," she said. "Mr. Fedlman's specialty is in conversions."

Mechanic also said that Bailey would maintain ownership of minority shares in the building's residential portion.

"Everybody left happy," he said.
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Article Details
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Author:Moore, Peter
Publication:Real Estate Weekly
Geographic Code:1USA
Date:Jan 7, 2004
Words:312
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