Buyer files lawsuit claiming her art collection won’t fit in her new apartment

A buyer that recently entered contract to purchase a $10.5 million Flatiron condo unit at Toll Brothers’ 55 West 17th Street is having second thoughts. She is claiming that the sellers misrepresented the ceiling height of the unit and as a result the apartment is unable to hold her art collection, a new lawsuit claims.

Marjorie Levine wants her more than $1 million down payment returned to her along with the down payments she paid for storage units and a parking space.

According to the suit, Levine, her husband and her broker visited the buildings sales gallery in November 2015, prior to the building’s completion and were given a tour and presentation by the senior sales manager for the building. They allegedly told the selling agent and representatives specifically that they were only seeking an apartment with ceilings high enough to accommodate their works of art, “many of which exceeded nine feet in height,” the suit states. They entered a contract to buy after being promised that the ceiling heights in the unit were “just shy of 10 feet.”

The lawsuit states that in February 2016, after several requests to see plans of the unit, the Levines received ceiling plans that showed ceiling heights in some areas were much lower than they had been told. Then, in May 2016, after several canceled site visits, the Levines were permitted to inspect the unit, which allegedly revealed even lower ceiling heights unable to accommodate Levine’s art, the suit claims.

“The height of the ceiling was paramount to our client,” said David Berkey, the lawyer representing Levine. “If the sponsor was interested in doing the right thing, they would have done,” he added.

Toll Brothers declined to comment.

The unit is currently listed for $11.5 million.