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Extell Accuses Theater District Building Owner Of Stalling Hard Rock Hotel Development

Hard Rock Times Square, blocks away from a proposed Hard Rock Hotel from Extell

This has been a very lawsuit-filled week for NYC real estate.

Gary Barnett’s Extell Development is suing Bennett Brodie, the owner of two four-story buildings adjacent to Extell’s seven-story parking garage at 159 West 48th St, claiming Brodie has been preventing it from building a 35-story, 435-key Hard Rock Hotel, The Real Deal reports.

Extell acquired the ground lease for the Theater District property in 2011 for $26M, and partnered with Hard Rock in June to build a hotel. The developer hasn't submitted plans to the Department of Buildings yet. (Pictured: Hard Rock's Times Square location)

Seeking to demolish the garage, Extell claims Brodie is refusing to negotiate an agreement and allow Extell to move forward on construction. Extell hopes the suit can convince the courts to give it the go-ahead. 

The developer claims Brodie has made demands for site meetings to discuss the demolition, protection to 148 and 150 West 49th St’s roofs and reimbursement for legal fees, all of which, Extell claims, they’ve met, despite the negotiations being fruitless. [TRD]