Weiners sue for $219,300 Portsmouth condo deposit
3:06 PM Mon, Jun 15, 2009 | Permalink
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By Christine Dunn PROVIDENCE, R.I. -- Prominent Democratic Party fundraiser Mark S. Weiner and his wife, L. Susan Weiner, of East Greenwich, have filed a lawsuit against Carnegie Tower Development Company Inc., seeking return of their $219,300 deposit for a condominium at the 22-story seaside tower set to open June 27 in Portsmouth. The Weiners entered into a purchase-and-sale agreement for unit 1001, a 10th-story, two-level condominium in the Carnegie Tower, on April 25, 2005, according to their complaint. The price was $2,193,000, and their deposit was 10 percent of that price. The Weiners were set to purchase a "Westerly unit," a three-bedroom, 2,528-square-foot condo with a 196-square-foot balcony. Through a spokeswoman, the Weiners declined comment on the matter, referring questions to their lawyer, Stephen A. Izzi, of Moses & Afonso Ltd., a Providence law firm. Izzi could not be reached for comment. "We don't have any comment on that," said Rosemarie McElwee Console, a spokesperson for the developer, O'Neill Properties Group of King of Prussia, Pa. Chief Judge Mary A. Lisi signed a June 5 pretrial order requiring discovery to be completed by Oct. 5. A settlement conference has been set for Sept. 30, as part of a mandatory program requiring parties to make good-faith efforts to resolve their disputes before trial. The Weiners' complaint, dated April 8, argues that "as of April 7, 2009, Carnegie Tower has not notified the Weiners that it is prepared to close, and to transfer title to the Condominium to the Weiners," though the purchase and sales agreement provides that "time is of the essence of this Agreement." The lawsuit adds that "the promise made by Carnegie Tower to close and transfer the Condominium to the Weiners is illusory and the Agreement is not a binding contract." In an interview earlier this year, Denise Birt, director of sales, said the Tower had been scheduled to be ready for occupancy in December of last year, but a problem with the water main had to be resolved, causing a delay. But developer J. Brian O'Neill is planning a black-tie optional party in the penthouse suite of the Tower to celebrate the grand opening on June 27. The company Web site reports that the 80-unit tower is over half sold out. Weiner, a jewelry manufacturer, and his wife were one of the first two families to reserve a condominium at the Tower. 
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