Porsche Design Tower Developer Dezer Named in Profit-Sharing Lawsuit

Dezer Development LLC, developer of the glitzy car elevator-equipped Porsche Design Tower, is being sued by a former executive who says the company cheated him out of profits for his work on several high-profile projects.

Andrew Chesnick was chief operating officer and worked on, among other projects, the Porsche Design Tower and Residences by Armani/Casa, both in Sunny Isles Beach, and Hyde Suites & Residences Midtown Miami, according to the complaint filed Oct. 6 in Miami-Dade Circuit Court.

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A former employee of Dezer Development, the developer of high-profile projects such as the car-elevator equipped Porsche Design Tower, is suing the company �� for more than $15 million in allegedly withheld pay. Andrew Chesnick, who used to be a chief operating officer for Dezer Development, has sued the development company, some of its affiliates, founder Michael Dezer and his son and company president, Gil Dezer, in the 11th Judicial Circuit Court for Miami-Dade County. Exactly how much money Chesnick is owed is unknown, but just for his work on the Porsche Design Tower he's due more than $8 million, according to the complaint filed Oct. 6. Dezer/Its attorney says XYZ....Have they filed anything in court? I see nothing. What do they say about the allegation that Dezer Development withheld pay from Chesnick, specifically the profit share?�� Chesnick was hired Jan. 1, 2013, for $250,000 annually, according to his employment contract. Chesnick also would get a profit share, or 3 percent from Dezer Development's profit from some projects, according to the contracts. And it's this profit share that's at the heart of the issue, said Chesnick's attorney, Glen H. Waldman of Coconut Grove law firm Waldman Barnett.   the bottom line is the bottomm line is the share ... mr. chesnick was to get 3 percent of those moneys. there were certain eexpenses and deductions....what the dezers receive was substantial. mr. chesnick shud have ... One of hte counts unour complaint is we are not privvy at this moment ot the account we have to hir eour own epert sometimes people can do asking for hteir own accountant to do this. Once we get access to the books and records. there are different accounting methodoligies that can be used. ... in order to make the bottom line i am certain that we will not be able to agree as to hwat that 3 percent is and thats hwy bth sides have accountants. Attorneys fees and costs North $15M --> is for the profit share only!!! "They certainy move thru to strike it and we would like a jury a dade coutby juy to hear this case. we htink they would be somehting they would be receptive to.: "The crux of what they are going to say is Mr. Chesnick resgined so he is not entitled to anything. they did everything in their power to force him out ... DEADLINE: for response is 20 days once they are served.   The development company and the younger Dezer refused to pay Chesnick this money,��according to the complaint. It's unknown how much Chesnick is owed as that can only be determined through accounting�� and Chesnick is asking the court to compel the Dezers to provide such an accounting, according to the complaint. "Thats rlly at the heart of the case. Andrew went there took a lowe rsalary of anyone else would because of the expertise because in the back end he was going to share a small amoutn he was veyr intimately involved in the financing side making sure these buildings got built the dezers have refused to pay mr. chesnick....   QUOTE FROM CHESNICK OR HIS ATTORNEY The lawsuit also describes a��hostile working environment against Chesnick that, in effect, left him with no choice but to resign. According to the complaint, Chesnick was asked to work on projects outside the scope of his agreement and the Dezers verbally berated Chesnick during meetings, sometimes in front of other people, and threatened to fire him. "On at least one occasion, G. (Gil) Dezer's unwarranted personal and unprofessional attacks on Chesnick during a business meeting caused other participants to walk out of the meeting," Chesnick's attorney, Glen H. Waldman, of Coconut Grove law firm Waldman Barnett, wrote in the complaint. "G. Dezer also began to exclude Chesnick from business meetings that Chesnick needed to attend in order to fulfill his contractual obligations." At the heart of this hostility, according to the complaint, was that first the elder Dezer and then his son took issue with Chesnick's right to profit sharing. Chesnick, in effect, was left with the expectation that his reputation as a real estate professional�� Chesnick has worked in the industry for more than 25 years �� could be tarnished, especially given that the verbal attacks were done in front of others, according to the complaint. "Dezer Development constructively terminated Chesnick by leaving him no choice but to resign, as remaining at Dezer Development was untenable given the hostile and abusive work environment that they purposefully created and perpetrated on almost a daily basis," Waldman wrote in the complaint. WHAT DOES DEZER'S ATTORNEY SAY ABOUT THE HOSTILE ENVIRONMENT ALLEGATIONS, THAT THEY CONSTRUCTIVELY FIRED HIM AND THE ALLEGATIONS THAT THEY ARE UPSET AT HIS PROFIT SHARING RIGHT AND THAT THEY BERATED HIM? Among the projects part of this profit-share deal include Porsche Design Tower, the 60-story residential tower in Sunny Isles Beach perhaps most famous for its automobile elevators; Armani/Casa project, another 60-story residential tower in Sunny Isles Beach; and Hyde Midtown Suites and Residences, a 31-story tower in Midtown that will include 60 hotel rooms and 410 condominiums. Chesnick as sued not only the Dezers and Dezer Development but also affiliated companies. They are ... It says in the employment agreement the two sides waive their right to a jury trial in a proceeding arising out of this agreement. But Chesnick is asking for a trial by jury. ????       <

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Porsche Design Tower Developer Dezer Named in Profit-Sharing Lawsuit

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