NEW BRUNSWICK — A judge has rejected a motion for a mistrial in the civil case between Perth Amboy condo owner and the Kushner Companies.
Patrick Whalen, the attorney representing the condo owners, requested on Wednesday — just hours into the second day of the expected weeks-long trial — that Middlesex County Superior Court Judge Vincent LeBlon declare a mistrial. LeBlon declined the motion.
The trial will resume Monday, according to Whalen’s law office.
It was unclear if any other condo owners had accepted settlements. Three of the 33 who brought the suit in 2012 accepted settlements for an undisclosed amount in the weeks before the trial. Kushner Companies declined to comment.
The trial started Tuesday with opening statements and testimony from a condo owner as the jury looked at photos of the current property in contention and renderings of the original plan for the Landings project from the early-2000s.
The civil suit was brought against the redevelopment company over a Perth Amboy waterfront project that was never completed. Salesmen for the company had promised 200,000-square feet of retail space, acres of parks, a marina, a hotel, a community center and gym, and 2,000 condos and townhomes across 17 buildings.
Only two buildings have been built since 2004 with a total of 200 units, which sold for $350,000 to $450,000 in the Admiral and Bayview buildings between 2004 and 2008.
Patrick J. Perrone, the lawyer representing the real estate development company, had argued the original plan couldn’t be constructed without the company losing money due to the current market.
Condo owners said they want what was promised in the $600 million redevelopment project.
Among those who were subpoenaed to testify in the case are Charles Kushner, who speared headed the Landing project in 2004, and Perth Amboy Mayor Walda Diaz.
LeBlon ruled last month that Jared Kushner, currently President Donald Trump’s son-and-law and the person who ran the family development business after his father went to prison for three years, would not have unique knowledge of the project and squashed his subpoena.
Four of the other contractors in the suit settled with the condo owners during pretrial motions for an unknown amount.
Craig McCarthy may be reached at CMcCarthy@njadvancemedia.com. Follow him on Twitter @createcraig and on Facebook here. Find NJ.com on Facebook.
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