Supreme Court, Appellate Division, First Department, New York.
Cem UZAN, et al., Plaintiffs-Respondents,
845 UN LIMITED PARTNERSHIP, Defendant-Appellant,
Real Estate Board of New York, Inc., Amicus Curiae.
June 15, 2004.
In October 1998, Defendant 845 UN Limited Partnership
(sponsor or 845 UN) began to sell apartments at The
Trump World Tower (Trump World), a luxury
condominium building to be constructed at 845 United
Nations Plaza Defendant offered plaintiff lead role in a
Donald Trump is the managing general partner of the
Plaintiffs Cem Uzan and Hakan Uzan, two brothers, are
Turkish billionaires FN1 who sought to purchase multiple
units in the building.
In an unrelated action, plaintiffs were found to have
defrauded Motorola, Inc. out of approximately $1 billion in
connection with a deal to develop a cellular telephone
network in Turkey ( see Motorola Credit Corp. v. Uzan,
274 F.Supp.2d 481, 490-492 [S.D.N.Y. 2003] ). Plaintiffs
are subject to various orders in the federal action
restraining their assets, and they are subject to arrest if they
attempt to enter the United States ( id.).
In April 1999, plaintiffs and an associate executed seven
purchase agreements for apartments in Trump World
Only four of those units (the penthouse units) are the
subject of this lawsuit and appeal
As relevant, Cem Uzan defaulted on contracts to buy two
penthouse units on the 90th floor of the
Hakan defaulted on contracts to purchase two other
penthouse units on the 89th floor.
The building had not been constructed when plaintiffs
executed their purchase agreements. In paragraph 17.4 of
those contracts, the sponsor projected that the first closing
in the building would occur on or about April 1, 2001,
Colin Fleming – BUSE 140- Mid-Term Case Brief