In cities where luxurious condos are a dime a dozen, it takes top-of-the-line amenities to attract the best buyers — private terraces, state-of-the-art gyms, world-class spas and 24-hour concierges. But what happens when a developer doesn’t exactly live up to what they’re selling?

Ayal Martin Hayes on Wednesday filed a class-action lawsuit against 565 Broome, a Manhattan development by Bizzi & Partners Development, Aronov Development and Halpern Real Estate Ventures, for failing to include a built-in Miele wine cooler in his $3.6 million condominium.

Hayes alleged the wine cooler was a featured amenity in 565 Broome’s listings, and the absence of the cooler “devalues the kitchen and the apartment; particularly to wine enthusiasts.”

A kitchen in 565 Broome

Located in posh SoHo, 565 Broome touts features such as a 24-hour concierge, automated parking, a 55-foot indoor swimming pool, an interior landscaped lounge and library. The individual residences, depending on size, have floor-to-ceiling windows, heated floors and ample private outdoor space. 565 Broome’s website doesn’t mention built-in wine coolers specifically, but promises “custom eat-in kitchens.”

“This lawsuit, which is being filed by one person over not having a $2,200 wine cooler, is frivolous and completely without merit… We look forward to vigorously responding to this issue in court,” a 565 Broome spokesperson told The Real Deal on Friday while explaining they’ve tried to remedy the issue.

This isn’t the first time a developer has been sued for allegedly misleading buyers. In 2016, the residents of the Atelier in New York City filed an $100 million class-action lawsuit against The Moinian Group for limiting access to building-wide amenities.

The residents said the pool and fitness center became exclusively available to residents of Sky, a higher-priced development connected to the Atelier, although the developer promised residents of both buildings would have access. Furthermore, the Atelier’s private gym became open to the public after a new operator took over the space.

“The amenity package that unit owners paid for as part of their unit contracts is part of a lifestyle they sought out and contracted for,” read the court documents according to Business Insider. “As such, its deprivation cannot be adequately measured or safely compensated with money damages.”

The case against The Moinian Group defaulted and never went to trial.

Email Marian McPherson

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