Appalled by the great inconvenience of walking, residents of Moinian's West 42nd Street condo Atelier have filed a lawsuit against the developer over obscured access to the building's swimming pool and health club. The lawsuit alleges that the developer is not delivering on its promise of in-building amenities including a gym and swimming pool, now that direct access to the amenities has been cordoned off as Moinian continues to build out the 70,000-square-foot gym and accessory amenity space attached to the developer's new neighboring development, Sky.
The Real Deal and Daily News report that in building out the Sky House amenity space, Moinian has erected lockers in front of the former entrance to Atelier's amenities. Although residents of both buildings will be able to use Sky House, owners of the multimillion dollar condos at Atelier will have to leave their building and enter the amenity space through a door on the sidewalk whereas Sky tenants will have direct access.
"Moinian is treating the Atelier owners as second class citizens by making them go out into the street to access to a pool in the basement of their own building," the attorney representing Atelier residents told the Daily News, "They are being forced to wear boots instead of flipflops, down coats instead of bathrobes when they want to go for a swim in the middle of January. Meanwhile, the tenants in the Sky building are getting unfettered access to the Atelier building." The monetary equivalent of this inconvenience is $100 million, the amount Atelier residents believe their apartments will drop in value, and how much they seeking in punitive damages. A hearing is set for April 12.
Atelier, at 635 West 42nd Street, is home to one of the city's priciest listings, an $85 million collection of each of the building's nine units on the 45th floor. Sky, which started leasing in 2015 and holds the distinction of being the largest apartment building in the city.
A Moinian spokesperson issued the following statement: