The developer of the stalled Sports KingDome sports and entertainment complex in East Fishkill is demanding the return of a $315,000 down payment for synthetic turf.
Dome-A-Nation LLC of Rye Brook sued Blue Sky International and Turf Nation Inc. last month in U.S. District Court in White Plains to get its money back.
Due to “various construction related issues at the KingDome project,” the complaint states, Dome-A-Nation is “unable to complete the work necessary to install the dome and complete the development.”
The dome is the brainchild of Donato “Dan” Fraioli, CEO of Air Structures American Technologies, a Rye Brook company that designs and erects air-supported buildings.
In 2015, his Hopewell Sportsdome Ventures bought 30 acres on the former IBM West campus, for $2.2 million. The plan was to erect a voluminous dome ”“ 468 feet wide, 740 long, 160 feet high ”“ encompassing eight acres with several Little League baseball and multipurpose playing fields, a clubhouse and a restaurant.
Fraioli touted the proposed KingDome as the “largest air-supported dome in the world,” and he expected the $25 million to $30 million complex to open by late 2016.
In June 2016, Dome-A-Nation paid Blue Sky $315,000, according to the complaint, as down payment for procuring and installing artificial turf priced at $1,050,000. Blue Sky contracted with Turf Nation to make the turf, and forwarded $300,000 to the Dalton, Georgia company.
The vacant land had to be prepared first, the complaint states, so Dome-A-Nation and Blue Sky agreed to set the manufacturing and installation dates by a contract addendum.
The commencement date was never set, according to the complaint. Instead, Dome-A-Nation told Blue Sky that it is unable to install the dome at this time, cancelled the contract and asked for return of the deposit.
Blue Sky purportedly has no objection to canceling the deal. But Turf Nation allegedly won”™t return the $300,000 to Blue Sky, therefore Blue Sky is unwilling to return $315,000 to Dome-A-Nation.
Neither Blue Sky nor Turf Nation responded to email messages asking for their sides of the story.
Dome-A-Nation accuses Blue Sky of breach of contract and unjust enrichment. It is asking the court to declare that Turf Nation must return $300,000 to Blue Sky.
Dome-A-Nation is represented by Rye Brook attorney Steven D. Feinstein.
