Jared Kushner funding JDS and Chetrit’s Brooklyn supertall

Kushner Cos. and Moinian Group launched lending platforms this year

May 17, 2016 05:04PM
By Konrad Putzier

 

340 Flatbush Avenue Extension in Brooklyn (inset: Michael Stern and Jared Kushner)

340 Flatbush Avenue Extension in Brooklyn (inset: Michael Stern and Jared Kushner)

Kushner Companies is a mezzanine lender on JDS Development Group’s and Chetrit Group’s supertall mixed-use development in Downtown Brooklyn, The Real Deal has learned.

JDSTRData LogoTINY and the Chetrit Group bought the landmarked Dime Savings Bank at 9 DeKalb Avenue last year, and in January, filed plans for a 1,066-foot-tall tower on the adjacent lot 340 Flatbush Avenue Extension. The 73-story mixed-use tower, slated to hold more than 400 apartments, would be the borough’s tallest building by a margin.

Kushner Cos.’ involvement was not previously disclosed, and the size of the loan the Jared Kushner-led firm is providing isn’t immediately clear. JDS and Chetrit also landed a $115 million senior loan from a subsidiary of Fortress Investment Group to finance the acquisition of 340 Flatbush and refinance 9 DeKalb. The partners are yet to secure a construction loan.

Kushner Cos.’ role as a lender is noteworthy because of the firm’s development chops: It is one of the lead developers on Dumbo Heights, a mixed-use complex that includes 963,000 square feet of office space,and also teamed up with RFR Realty on the $700 million purchase of two other Dumbo buildings owned by the Jehovah’s Witnesses. The company is also planning a project in Gowanus at 175-225 Third Street.

A representative for JDS, which is led by Michael Stern, declined to comment. A spokesperson for Kushner Cos. confirmed the firm is a mezzanine lender but declined to comment further.

Kushner Cos. quietly launched a real estate lending platform earlier this year, joining the growing number of New York development firms branching out into the financing business.

The firm plans to issue senior loans, mezzanine debt and preferred equity ranging from $20 million to $500 million in value with terms of up to five years, according to an email advertising the program reviewed by TRD. The company plans to lend on properties in Greater New York, Miami, Los Angeles, Washington, D.C., San Francisco and Boston. Kushner, along with his brother Joshua, is also a co-founder of Cadre, a real estate investment platform.

The Moinian Group also launched a similar platform. The development company is now offering senior real estate loans of $15 million and more, as well as mezzanine debt and preferred equity of $10 million and more. Moinian will initially focus on the New York area, Miami and Los Angeles, and plans to issue loans on all property types with terms of up to five years.

Others in the lending game include Scott Rechler’s RXR Realty and RFR, which is led by Aby Rosen and Michael Fuchs. Lending offers firms a shot at stable returns at a time when high land prices and a slowing real estate market make it harder to earn fat profits as developers or as outright buyers of properties. Banks’ growing reluctance to fund certain types of real estate projects also creates an opening.

“When there’s volatility you want to decouple yourself from broader market trends to try and find investments where you can capitalize on the impact of that volatility,” Rechler told TRD in February, explaining the company’s decision to issue mezzanine loans.

From the archives: Macklowe’s bust, one of many over decades

Harry Macklowe and Donald Trump

Harry Macklowe and Donald Trump

Whatever befalls beleaguered landlord and developer Harry Macklowe and his property empire, his travails are part of a long line of epic busts in New York City real estate. As he and others before him demonstrate, even Gotham’s biggest builders fall from time to time.

Well-known busts include Rockefeller Center Properties, which was forced to file for bankruptcy in the 1990s when it was owned by the Japanese-based Mitsubishi Estate Company, and Donald Trump, whose entertainment company emerged from bankruptcy in 2005

Looking at developers who have gone bust and bounced back, from Trump to Zeckendorf

May 14, 2016 01:00PM
By  Dan Ackman

Macklowe’s bust one of many over decades

March 31, 2008

Whatever befalls beleaguered landlord and developer Harry Macklowe and his property empire, his travails are part of a long line of epic busts in New York City real estate. As he and others before him demonstrate, even Gotham’s biggest builders fall from time to time.

When they do fall, they generally follow the Macklowe model: A developer builds or buys a trophy property, pledges it as collateral, becomes overextended and the entire empire topples. “That paradigm happens often,” said Tom Shachtman, author of “Skyscraper Dreams: The Great Real Estate Dynasties of New York,” adding, “The bigger you are, the more collaterized you are.”

Well-known busts include Rockefeller Center Properties, which was forced to file for bankruptcy in the 1990s when it was owned by the Japanese-based Mitsubishi Estate Company, and Donald Trump, whose entertainment company emerged from bankruptcy in 2005. Other less prominent examples echo the experience of Macklowe, who seems headed toward a resolution of his $5.8 billion default to Deutsche Bank. It will end in the surrender of seven buildings purchased with billions of borrowed dollars, thanks to a credit crunch that’s jacked up the price of financing deals in the wake of the subprime mortgage collapse.

Indeed, many of the largest real estate players survived bankruptcy and re-emerged as builders (or, in Trump’s case, also as television personalities).

With Shachtman’s help, The Real Deal has compiled a list of the biggest tumbles by New York City developers. Call them skyscraper nightmares.

Henry Mandel

Henry Mandel was one of the premier developers of the 1920s. He built hotels like the Lombardy and the Tuscany and an office tower in Pershing Square. Two of his grandest projects were the London Terrace apartments, a project for which Mandel acquired four city blocks in Chelsea and demolished 80 homes on the site, and the Park Vendome on 57th between Eighth and Ninth avenues.

Mandel’s crash came during the early years of the Depression. It was triggered not by his big deals, but by one of his small ones.

Mandel owned a modest building off Union Square. In 1931, a creditor who held a $40,000 mortgage on the Union Square property commenced foreclosure proceedings. Mandel, busy juggling the leasing on London Terrace and the building of the Park Vendome, was strapped, distracted by a messy divorce, and was ultimately unable to pay. In 1934, the Union Square foreclosure was granted. Three months later, Mandel was forced into personal bankruptcy, and his $36 million empire (big money in those days) was dispersed to creditors.

Bill Zeckendorf Sr.

In the 1950s and early 1960s, Bill Zeckendorf Sr. and his company Webb & Knapp controlled what Time magazine called the world’s largest real estate empire. Zeckendorf, who smoked foot-long cigars and hobnobbed with presidents, was so fond of credit that he once remarked, “I’d rather be alive at 18 percent than dead at prime rate.”

He owned hotels, office buildings, shopping centers and housing developments in 17 states, not to mention Canada. His portfolio included the Chrysler Building and the Century City site in Los Angeles.

Zeckendorf’s fall was triggered, Schachtman said, by his plan to build a hotel — the Zeckendorf — at 51st Street and Sixth Avenue. Zeckendorf broke ground, but the property sat as an empty hole. It was bleeding cash, and efforts to sell the site failed.

Hilton Hotels expressed interest, but ultimately built two blocks north. In 1965, Zeckendorf’s company declared bankruptcy, and its properties were sold off. But his family real estate business came back. Today his grandsons, William and Arthur, who developed 15 Central Park West, are two of the biggest developers in the city.

Alan Tishman

Until the mid-1970s, the Tishman family operated as one firm, the Tishman Realty and Construction Company.

The breakup into three separate companies was partly influenced by the city’s financial crisis and the sharp downturn in real estate that accompanied it. But it was directly triggered by problems with 1166 Sixth Avenue, an office tower the family started building in 1973. The project began with an informal agreement by the one-time communications giant General Telephone and Electronics to lease a third of the building. But after construction began, GTE’s headquarters was bombed in protest of the Vietnam War. Despite Alan Tishman’s urging, the company headed to Connecticut (as many were doing at the time). Tishman was left with a half-built tower and no tenants.

In 1976, Tishman walked away from the property, which was taken over by Equitable Life Insurance. The Tishman family divided its interests into three firms: Alan headed the management company, his brother, Bob Tishman, and Bob’s son-in-law, Jerry Speyer, took control of the development firm, and the construction company was sold to Rockefeller Center Corp. It was later bought back by company executives.

Peter Kalikow

Like Donald Trump, Peter Kalikow was heir to a real estate fortune based in the outer boroughs and moved to Manhattan.

Also like Trump, Kalikow dabbled in takeovers (he bought a big chunk of CBS) and in media, buying the New York Post in 1988. The money-losing Post, by Kalikow’s own reckoning, was a huge distraction.

While he was focused on the paper and its turmoil, he also borrowed around $250 million to build the Millennium Hotel and purchase a collection of small apartment buildings in the east 70s. He planned to knock them down and make way for a luxury high-rise. The plan fell in the wake of tenant opposition. By 1991, he was forced into personal and business bankruptcy. His personal debt exceeded $350 million; his companies owed more than $1 billion. By 1994, though, Kalikow had rebounded strongly enough to be named a board member of the MTA. In 2001, he became the board’s chairman.

Ian Bruce Eichner

In the late 1980s, Ian Bruce Eichner emerged from relative obscurity as the builder of 1540 Broadway, a 44-story office tower in Times Square. While there were problems with construction — including the need to shore up the neighboring Lyceum Theater, which developed a dangerous crack, and the complications of an enormous electronic display on the façade — the main problem was that while the building was going up, the office rental market was coming down.

As the project proceeded without guaranties from major tenants, bankruptcy ensued. The whole episode is captured in “High Rise: How 1,000 Men and Women Worked Around the Clock for Five Years and Lost $200 Million Building a Skyscraper,” an entertaining 1993 book by Jerry Adler. Eichner reemerged as a developer in Florida and Las Vegas (where he has run into financial difficulties anew) as well as in New York.

Olympia & York

After buying nine New York skyscrapers during the 1970s recession and winning the rights to develop Battery Park City, Olympia & York emerged as the largest property company in the world. The company’s biggest difficulty was not in New York or Toronto, where it was formed, but in its London Canary Wharf project.

Problems in London were felt throughout the Olympia & York empire. With the company owing nearly $20 billion, founder and chairman Paul Reichmann was forced to resign in March 1992. The company filed bankruptcy in Canada later that year. By 1996, it had emerged with a new name, World Financial Properties (now part of Brookfield Properties), and still owned 11.5 million square feet of office and commercial space. Reichmann made his own comeback as a developer and fund manager and for a time even regained control of Canary Wharf, which has become a huge success as well.

 

Chinese regulators to investigate Anbang amid real estate push

Insurance Regulatory Commission fears liquidity mismatch

May 09, 2016 01:00PM

 

WaldorfWu

The Waldorf-Astoria (inset: Wu Xiaohui)

China’s insurance regulator plans to investigate Anbang Insurance Group amid its recent U.S. real estate investment binge.

According to a source quoted by Bloomberg, the China Insurance Regulatory Commission is putting together a team of inspectors to look at Anbang’s business model. The agency last week announced stricter oversight of insurance companies’ investments in real estate and private equity.

Anbang, which began a little over a decade ago as a regional car insurer and has close ties to China’s ruling elite, has been one of the most active foreign investors in U.S. real estate over the past two years. It recently bought the hospitality real estate investment trust Strategic Hotels and Resorts (Including the Essex House on Central Park South) from Blackstone for $6.5 billion and entered a $14 billion bidding war for Starwood Hotels & Resorts before mysteriously bowing out. In January 2015, it shelled out $1.95 billion for the Waldorf Astoria Hotel.

Regulators fear that insurers’ focus on relatively illiquid assets like real estate could lead to a liquidity mismatch – meaning they wouldn’t be able to pay off investors and policyholders in the event of a capital run. [Bloomberg] — Konrad Putzier

The week in real estate market reports

A weekly feature bringing you the industry’s latest intel

May 04, 2016 03:55PM
By Kyna Doles

Market Reports

(credit: REBNY and Newmark Grubb Knight Frank)

Sales activity surged last quarter in the Bronx and Staten Island while it tapered off in Manhattan and Brooklyn compared to the same period last year, according to the latest report from the Real Estate Board of New York. Manhattan also saw an influx of office deals centered in Midtown and overall asking rents were up slightly in the first three months. Check out more in our roundup of the week’s real estate market reports.

Residential

Q1 2016 New York City residential sales: REBNY

The Bronx and Staten Island saw a 35 percent spike in sales activity during the first three months of the year compared to last year. With higher average prices in Manhattan and Brooklyn, sales dipped 2 and 4 percent respectively. Read the full report here.

Manhattan luxury contracts April 18-24: Olshan Realty

Twenty-one contracts were signed during the third week of April for Manhattan homes priced $4 million and above, compared to 41 contracts signed during the same period last year. Only one of those pads was a co-op. Read the full reporthere.

Commercial

Q1 2016 New York City office leasing: Savills Studley

Overall asking rents in Manhattan rose to $74.53 per square foot in the first quarter, leasing activity jumped to 7.5 million square feet and the availability rate for Midtown’s Class A buildings is up slightly to 11.9 percent. Read the full report here.

Q1 NYC multifamily sales: Ariel Property Advisors

The New York City multifamily market grossed nearly $4 billion in sales during the first quarter of the year, mostly unchanged year-over-year. Deals are growing pricier, even as building and transaction volume fell over last year. Read the full report here.

Brooklyn-Queens streetcar assessment: NYCEDC

The proposed Brooklyn-Queens streetcar could bring in as much as $3 billion in new property tax revenue over the next 40 years. A new public transit car could also boost development along the tracks by 5 percent. Read the full report here.

April 2016 Manhattan office leasing: Newmark Grubb Knight Frank

Most of the 3.5 million square feet leased in April was concentrated in Midtown and driven by financial, insurance and real estate tenants

Water Street proposal could change city’s privately owned public spaces

City Planning to vote on plan to allow restaurants and shops in FiDi plazas and arcades
April 25, 2016 01:27PM
Water Street City Planning NYC

32 Old Slip Plaza in the Financial District (credit: Alliance for Downtown New York) (inset: Carl Weisbrod)

There could be a retail renaissance coming to New York City’s privately owned public spaces. The City Planning Commission is voting Monday on a proposal that would change how such space in one area of Manhattan – Water Street in the Financial District – is used.

The plan, proposed by the de Blasio administration and the Alliance for Downtown New York, would permit retail developments like restaurants, shops and outdoor cafes in the “Water Street Subdistrict” in return for improvements like trees, lighting and bike racks.

Approval by the City Council, should the proposal make it that far, could bring further transformation to the city’s privately owned public spaces, or POPS, according to Politico. The Water Street area, in particular, currently holds 19 million square feet of office buildings but little in terms of retail amenities.

While those in support say the plan would bring overdue upgrades to such areas, opponents claim the city is simply giving away open space without the public receiving enough in return.

The “Water Street Subdistrict’ currently contains 20 buildings holding roughly 225,000 square feet of public plazas and another 110,000 square feet of covered walkways known as arcades. Rudin Management, RXR Realty and Brookfield Property Partners are among the landlords.

The Water Street proposal calls for “retail uses that are typical or such streets such as Fulton Street and Broadway, but are intended to primarily serve nearby residents and employees,” according to city planning documents

Port Authority pays for old Condé Nast office to sit empty

Payments from the bistate agency helped bring anchor tenant to One World Trade Center

Anbang withdraws $14 billion Starwood Hotels bid

Departure of Chinese investor would clear the way for Marriott to continue with acquisition

Photo: Bloomberg News
Starwood shareholders are scheduled to vote Apr. 8 on Marriott’s bid, currently valued at $13.2 billion

A group led by China’s Anbang Insurance Group Co. withdrew its $14 billion takeover bid for Starwood Hotels & Resorts Worldwide Inc., clearing the way for a purchase by Marriott International Inc., according to two people with knowledge of the matter.

Starwood shareholders are scheduled to vote April 8 on Marriott’s cash-and-stock bid, valued at $77.94 a share, or $13.2 billion, based on Thursday’s closing price.

Carrie Bloom, a spokeswoman for Starwood, declined to comment. Representatives for Beijing-based Anbang couldn’t immediately be reached. The withdrawn bid was reported earlier by the Wall Street Journal.

Starwood shares fell 4% in after-hours trading to $80 as of 4:36 p.m. in New York.

Cracks in the market: Is New York’s real estate boom over?

Developers thought the luxury condo prices would just keep rising. Now they have to think again

by Daniel Geiger

 

Photo: Crain’s composite
The pessimism centers on the luxury supertowers reshaping the city’s skyline.

The pessimism centers on residential development sites amid concerns the city is overstuffed with high-end apartments.

Among the recent string of sobering reports is news that a 10-story building in Brooklyn Heights—one of three large properties being sold by the Jehovah’s Witnesses there and in Dumbo—will fetch a price 25% below the $300 million or more for which it was initially projected to sell. The parcels are considered prime places for both residential and commercial development.

Brokers said the decrease mirrors a precipitous drop in the value of land sites in the city by 20% to 25% so far in 2016. These brokers declined to speak on the record because several are marketing such properties and don’t want to openly disparage the products they are trying to sell.

Tumbling land values, which had reached $1,000 or more per square foot for prime sites, are a reflection of the growing weakness in the city’s high-end residential market. Developers had been willing to pay record sums for land as long as the apartments they built could fetch unprecedented sums. The payoff is no longer the same, according to the brokerage Corcoran Group, which reported that the average sale price for a luxury apartment fell from $8.1 million in the fourth quarter of 2014 to $6.9 million at the end of 2015, a 15% decline.

The rise of the dollar against currencies of countries whose citizens have been stashing their wealth in New York real estate has also hurt the market, according to a report released last week by the National Association of Realtors.

Brazil, China and Russia have been particularly hard hit by the stronger dollar.

“Foreign buyers are facing some headwinds,” wrote NAR economist Scholastica Cororaton last week, noting that from April 2014 through March 2015, they spent $102 billion on homes in the U.S., with Chinese buyers leading the pack.

Co-StarONE57: Gary Barnett has been unable to move 38 units in this Billionaire’s Row tower.

“High-end condos are not being sold at the same rate as they were two years ago, when we were going through a sales boom,” said Jonathan Miller, CEO of real estate appraisal and data firm Miller Samuel. “We’re starting to see developers negotiate on price and the market [begin to] transition where it’s no longer a frantic selling environment for new development.”

Besides the falling sales projections and tapering interest among foreign buyers, developers must also worry whether they’ll be able to secure the loans to begin construction, as banks become leery of high-end residential development.

Developers Joseph Beninati and Bruce Eichner are both facing foreclosure in Manhattan after failing to lock up the loans needed to begin building. As many as 20 other sites may be unable to secure construction financing, and may stall and face foreclosure, predicted Dennis Russo, who leads the real estate practice at law firm BakerHostetler in New York.

In 2013, Eichner bought a long-vacant development site on the corner of East 125th Street and Park Avenue for $66 million. He planned to build a 330-foot-tall, 670-unit rental apartment tower there. Eichner, who has a history of defaulting when the economy turns, received a loan from Garrison Investment Group to buy the site but couldn’t secure construction financing to begin the project. The Durst Organization, a large New York City landlord, purchased the debt from Garrison and is now moving to foreclose after Eichner defaulted on the loan earlier this year. To extricate himself from the financial jam, Eichner in recent months has tried to sell the project for an asking price of about $150 million.

The growing talk of falling prices and foreclosures stands in stark comparison to the bullish mood of the market even just a year ago, when developers were seeing a nearly 18% year-over-year gain in the average price per square foot among new developments.

“Until the middle of last year, no one was fearful, but today a higher percentage of people are,” said Bob Knakal, Cushman & Wakefield’s chairman of New York investment sales. “Markets are psychological, and as the fear builds you get a herd mentality that comes into effect.

“It’s harder to get deals done—buyers and lenders are being more cautious, and it’s harder to get equity together,” Knakal added.

Cushman & Wakefield projects that 175 to 200 development sites citywide will be sold in the first quarter of 2016—as much as 37% fewer than in the first quarter of last year, which was a record quarter for sales.

Although there has been little definitive data to show that the high-end residential market is tanking, there is growing evidence that the direction of prices and the pace of sales are pointing downward.

Builders change strategies

In its quarterly earnings call in February, Vornado Realty Trust declined to disclose recent sales figures at a superluxury tower it is building along Billionaire’s Row at 220 Central Park South. The omission stoked speculation that sales, after starting strongly, have fallen off in recent months.

Developer Gary Barnett has been unable to sell a block of 38 rental apartments at One57, the high-end condo tower he built on Billionaire’s Row. Barnett also has slashed prices at a condo tower he’s building on the Lower East Side, cutting his projection for the total value of the apartments by about $200 million, to almost $1.9 billion.

Photo: Buck Ennis
LAST OF THE GIANTS? Harry Macklowe built 432 Park Ave. It may be the last of its kind for now.

Kevin Maloney, the developer of a luxury condo building at 10 Sullivan St., is carving the 17-story building’s three-level, $45 million penthouse into two units more modestly priced because of a dearth of buyers actively looking for such expensive apartments. Builders Harry Macklowe and CIM Group recently decided to cut in half the full-floor units on floors 91 to 95 of the 96-story superluxury condo spire that is nearly complete at 432 Park Ave.

Brooklyn’s soaring market for residential development sites has also been thrown off this year, though the culprit is not a market glut or the global economy, but the failure of the real estate and construction industries to reach a deal to extend a tax break.

The expiration of the 421-a tax-abatement program this year has thrust the land market into a precipitous decline. Ofer Cohen, founder and principal of Brooklyn-focused commercial brokerage firm TerraCRG, estimated that land sales would drop by 70% this year.

Developers viewed the tax break as essential to their bottom lines when building rental housing, Cohen said, and few if any development sites have traded hands since it expired. The abatement offered developers a break on their real estate taxes if they included affordable units in their projects.

“Around 80% to 90% of the market for development sites was for rental-housing construction,” Cohen said. “The only rental development sites that are trading now are those that already qualified for 421-a because they got their foundations poured. And there’s not that many of those on the market.”

Arrested development

Photo: Propertyshark

Bruce Eichner hoped to build luxury apartments on an East Harlem lot across from Metro-North’s Harlem-125th Street station. Now he’s trying to sell the land.

Photo: Bloomberg News

The Jehovah’s Witnesses are struggling to sell parts of their former Brooklyn headquarters, including these buildings in Brooklyn Heights as demand wanes for luxury development sites.

New York’s Future Tallest Tower Reveals Its Facade (Sort Of)

BY AMY PLITT:

A rendering of Central Park Tower sans spire, circa September 2015

Extell’s Central Park Tower is still a ways off from claiming its prize as New York City’s tallest tower, but construction on the 1,550-foot supertall is coming along. While it’s in the early phases, one big mystery—what the facade will look like—is getting somewhat cleared up. An anonymous tipster sent a photo to YIMBY that shows one of the curved panels that will make up the building’s steel-and-glass exterior, and it accompanies a construction update on the building. It’s no longer just a big hole in the ground; the lower levels of the building, which will hold a seven-story Nordstrom department store, are already becoming visible above ground.

[One of the building’s exterior panels. Photo via YIMBY]

[Construction progressing at the site. Photo by Andrew McKeon via YIMBY] 

 

Developer of controversial condo tower loses bid to stop foreclosure

Joseph Beninati was denied a temporary restraining order that he had sought to block lender Gamma Real Estate from seizing or auctioning properties he wanted to raze to make way for new tower

by David Geiger

Rendering of Bauhouse Group’s East 58th Street condo tower

The developer planning a supertall tower in the Sutton Place neighborhood of Manhattan lost a key decision in court Tuesday, paving the way for a foreclosure auction of his properties.

Joseph Beninati was denied a temporary restraining order that he had sought to block lender Gamma Real Estate from seizing or auctioning off his properties at  428-432 E. 58th St., three contiguous five-story apartment buildings. In January, Beninati, founder of Bauhouse Group, defaulted on a $147.25 million loan from Gamma, a firm controlled by real estate investor N. Richard Kalikow, after trying unsuccessfully to sell the site or refinance it. The court’s refusal to grant the restraining order was a major blow to Beninati.

“We have spent two years of time and millions of dollars,” said Beninati, who looked deflated outside the courtroom in lower Manhattan Tuesday afternoon.

Gamma’s attorney in the case, Ronald Greenberg of the firm Kramer Levin, disclosed that nine bidders planned to participate in the foreclosure auctionscheduled for Feb. 29. Beninati could conceivably recoup some of his investment in the site if a bidder agrees to pay a sum in excess of what Gamma is owed. However, Beninati didn’t see that as a likely outcome.

Beninati’s lawyers, Stephen Meister and Kevin Fritz, accused Gamma of improperly marketing the properties to potential buyers in order to enhance its chances of taking over the site. Some real estate executives who have followed the case expect the properties to end up in Gamma’s possession after Monday’s auction—an outcome that would wipe out Beninati’s investment in the project.

“I don’t believe there’s information in the hands of bidders that would allow them to understand the complexities of the site,” Beninati said. “If we could get that information into the hands of bidders we would be able to get a collection of offers.”

Beninati’s problems come as both real estate lenders and buyers have begun to pull back on construction of high-end condo projects owing to increasing concerns that the condo market may be slowing as an oversupply of newly built multimillion-dollar apartments come up for sale.

Beninati envisioned demolishing the three buildings on East 58th Street and erecting a 950-foot-tall, ultra-luxury condo tower on the site—a plan that has sparked outcry from some of the project’s neighbors and city officials.

In court, representatives for Gamma acknowledged the project’s challenges.

“The market is turning,” Greenberg, Gamma’s attorney, said, urging the court to disallow an injunction that would delay its efforts to take back the properties. “More importantly, there was a press release only last month by the Manhattan borough president, signed by a state senator and City Council members, that they would seek to change the zoning of the site and cut the height from 1,000 feet to 260 feet. Right now we’re exposed.”