Game On vote delayed

It is not yet Game On in Greenburgh.

The town board postponed voting to approve the sale of the foreclosed Frank”™s Nursery Property to Game On 365 L.L.C. at the May 22 town board meeting under threat of a lawsuit.

The town board said it would vote June 5.

On May 20, the town of Greenburgh announced it had reached an agreement to sell the 6.9-acre foreclosed property at 715 Dobbs Ferry Road to Game On 365  for $3 million. Game On 365 will turn the property into the Westchester Fieldhouse, a $6.9 million indoor sports facility.

The town was considering an offer from Elm Street Sports Group L.L.C for $3.5 million. Elm Street Sports runs the House of Sports that opened in Ardsley last year.

Before the meeting, an attorney for Elm Street Sports sent town board members a letter saying they would be personally sued if they voted to approve the sale. Town board members wanted to ensure the town would cover them in the event of a suit, which Supervisor Paul Feiner said they would.

“House of Sports is doing everything possible to stop the competition,” Feiner said. “I find this very troubling. Sports facilities should encourage competition.”

Elm Street Sports CEO Donald Scherer confirmed the letter saying that the agreement is illegal since Elm Street Sports had the higher bid.

“They are exposing themselves to personal liability,” Scherer said. “I am not surprised they didn”™t vote. They know this is illegal.”

Feiner said Elm Street Sports”™ offer came with various conditions before the town would receive any money.