Suzanne Russell

@SRussellMyCJ

NEW BRUNSWICK - During the second day of testimony in the civil consumer fraud trial involving Perth Amboy condo owners and Kushner Companies, a mistrial has been declared.

Patrick Whalen, the attorney representing the Landings at Harborside condo owners, said the mistrial was declared Wednesday morning. He did not disclose the reason for the mistrial.

Whalen said the trial, which began on Monday before Middlesex County Superior Court Judge Vincent LeBlon will have to start over. He hopes a new trial date can be set quickly.

Messages left for a Kushner Companies spokesman and an attorney representing Kushner Companies were not returned by deadline.

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Prior to the mistrial being announced, Kushner Companies, formerly run by Jared Kushner, the son-in-law and senior adviser to President Donald Trump, had reached settlements with about half of the condo owners. Other condo owners began offering testimony on Tuesday.

On Monday a jury of four women and four men heard opening arguments from the attorneys about the Landings at Harborside waterfront development project in Perth Amboy, which was proposed as a $600 million upscale community.

Whalen told jurors the case is about broken promises and enforcing those promises, adding the owners didn't get the amenities get what they paid for.

The condo owners filed suit against Kushner Companies, and it's subsidiary, Westminster Company, in connection with their claims of being misled into buying high-priced units with luxury amenities that have not been materialized. Many of the condo units were purchased starting in 2004 for prices ranging from $300,000 to $400,000.

Sales and marketing representatives promised master common amenities such as three parks, a four-mile walkway, retail shops and restaurants, additional owner-occupied units as well as ferry service from Perth Amboy to New York City, none of which has been created.

The project only consists of two buildings the Admiral and Bayview. Whalen argued Kushner Companies got paid a substantial amount of money for a project that never fully materialized.

Jared Kushner's father, Charles Kushner, former chairman of the company, was scheduled to testify in the trial. LeBlon ruled Jared Kushner did not have to testify. Perth Amboy Wilda Diaz also was scheduled to testify.

Patrick Perrone, one of two attorneys representing Kushner Companies, asked jurors on Monday to decide if his client had done anything to cause a monetary loss to the condo owners, adding there is no proof the condos have decreased in value.

He noted the real estate market collapsed in 2008 and the company's plans changed because condos were no longer economically viable. He said the company wanted to scale back the project and build rental units but the condo owners' opposition as well as disagreements among Perth Amboy political officials has prevented the revised plan from materializing.

Staff Writer Suzanne Russell: 732-565-7335; srussell@mycentraljersey.com

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