24/12/2024
The Tribeca penthouse is the type of New York home that would attract lingering looks on StreetEasy — fitting, since it’s owned by Michael A. Smith, the co-founder and former CEO of the real estate site.
Now, the condo, which Smith expanded by adding additional stories, is being targeted for demolition by McDonald’s.
In the lawsuit, submitted just before Thanksgiving, the fast-food giant claims that the Reade Street penthouse was built over roof space designated for HVAC equipment for a McDonald’s restaurant located around the corner. The company is seeking at least $10 million in damages and the restoration of the roof.
Smith’s condo, which was expanded in 2007, now totals nearly 3,700 square feet of interior space, complete with four outdoor decks and a swimming pool, according to court filings.
In 1987, the original five-story brick building at the site was included in a plan for a condo project that also encompasses nearby properties on Reade, Chambers and Greenwich streets. McDonald’s says it acquired four commercial units at the project in 1990 and negotiated several easements, including one that allowed the company to install a cooling tower on the roofs of the Reade Street properties. McDonald’s says it used that space until 2006, but that it never relinquished its rights and realized in 2012 that its Greenwich Street restaurant was having “serious HVAC problems.”
According to McDonald’s, years of back-and-forth followed, during which its proposal to install HVAC equipment in the project's courtyard was “soundly rejected” by the condo board, which Smith led as president at the time. In 2021, McDonald’s says it informed the board that it was exercising its original easement, but a consulting engineer subsequently informed the company that the roof space was “no longer there” because a penthouse had been constructed on it.
Smith's penthouse’s expansion has come under scrutiny before. In a 2021 action that’s ongoing, the condo board claims Smith abused his position as its former president to mislead fellow owners about his expansion. The board is asking for at least $5 million in damages.
Read more: https://www.crainsnewyork.com/real-estate/mcdonalds-targets-ex-streeteasy-ceos-tribeca-condo-demolition