Tory Burch has struck back against the Soho landlord who claims construction on her Mercer Street flagship store has caused damage to his property. New York-based Tory Burch LLC has filed counterclaims in the lawsuit that landlord Herbert Moskowitz filed against the designer in New York State Supreme Court last year, claiming that work on Burch’s four-story flagship at 151 Mercer Street has caused extensive damage to his own neighboring property at 153 Mercer Street, a 130-year-old luxury rental building.
Well, according to a new court filing, billionaire Burch claims that Moskowitz's “frivolous litigation,” which seeks more than $500,000 in damages, has delayed work at 151 Mercer Street by roughly a year by causing the city’s Department of Builidings to put a “litigation hold” on the project. Construction on the new Tory Burch store has come to a halt until damage to Moskowtiz’s property is rectified.
According to Burch's filing, Moskowitz has interfered with work at 151 Mercer Street, which was originally scheduled to open in July 2015, by allegedly threatening to “forcibly remove” monitoring equipment at the site. Burch’s complaint further adds that Moskowitz’s opposition to the project and the monitoring measures will further postpone the project and cause the retailer “significant damages, including the millions of dollars it has and will continue to lose, stemming from lost profits, construction costs and rent obligations under its lease.”
And that's not all. Burch claims there are other harms at issue: “The public would also be harmed — if [Burch] cannot develop 151 Mercer. It will remain undeveloped and an eyesore, driving neighboring property values down."