Bronx developer Joseph Simone, who has been assembling properties near the Mount Vernon West train station for a major residential development, is asking a court to compel one owner to close on a deal.
Simone’s QWest Towers LLC accused 40 North Mac Realty Corp. of reneging on a $3.5 million agreement to sell a two-story structure and 0.12-acres of land at 33 North MacQuesten Parkway, in a complaint filed Oct. 22 in Westchester Supreme Court.
“The October 1, 2019 closing date has long passed,” the complaint states, but 40 North Mac has refused to close “until it is paid additional sums.”
Robert Benedettini, of Yonkers, is CEO of 40 North Mac and president of Star Auto Body on the other side of the parkway. He did not respond to an email asking for his side of the story.
In 2017, Simone presented a concept for two 18-story towers with 140 apartments near the train station, during a press conference at Mount Vernon City Hall.
Since then, he has lined up several properties on North MacQuesten between Mount Vernon Avenue and Oak Street, including three city-owned parcels that Mount Vernon has agreed to sell for $930,000.
Simone told Mount Vernon City Council in May that he now plans to build two 15-story structures with 229 apartments.
Benedettini’s company bought 33 North MacQuesten Parkway for $350,000 in 2013, according to county and city property records.
In January 2018, QWest agreed to buy the parcel for $3.5 million, according to the complaint, and it made a $350,000 down payment. The terms were amended four times, and in March 2019 QWest paid $175,000 as a second down payment and the closing was set for Oct. 1, 2019.
QWest claims that 40 North Mac has repeatedly refused to close the deal and has insisted on being paid more.
On Sept. 1, QWest sent 40 North Mac a notice for an Oct. 1 “time of the essence” closing date. But 40 North Mac allegedly “failed to appear at the appointed time and place of the closing,” the complaint states, “and failed to tender title to the premises.”
QWest is asking the court to schedule a closing date and order 40 North Mac to comply with the deal, and it is also asking for $525,000 in damages.
Simone is represented by Manhattan attorney Nikia E. Williams.
