NASSAU, BAHAMAS — Attorneys for Sarkis Izmirlian are now seeking a trial date “as soon as possible” for the former Baha Mar developer’s fraud case against the mega resort’s Chinese contractor.
In a January 27th letter to New York Supreme Court Judge Andrew Borrok, attorneys for Izmirlian’s BML Properties vehicle requested that the judge set a trial date for the case.
Izmirlian filed a $2.25 billion lawsuit six years ago alleging a “massive fraud” by Chinese state-backed contractor China Construction America (CCA) which drove the development to bankruptcy in 2015, led to Izmirlian’s ousting from the development and the loss of his multi-million equity investment. The resort was sold to its current owner Hong Kong conglomerate Chow Tai Fook Enterprises.
In requesting a trial date, Izmirlian’s attorneys the former Baha Mar developer had filed a note of issue on September 19, 2022, with both Izmirlian’s BMPl Properties and defendants CCA Bahamas Ltd, CSCEC (Bahamas) Ltd, and CCA Construction Inc- the defendants- then filing motions for summary judgment in this case.
“The parties subsequently attempted mediation before the Hon. Alan D. Scheinkman (ret.) on January 20, 2023, after the motions were fully briefed, but were unsuccessful in reaching a resolution,” attorney Mark C. Zauderer noted.
Zuaderer continued: “Plaintiff believes that it would be worthwhile for the parties to appear at a conference before the Court to discuss the upcoming trial. Plaintiff respectfully requests that the Court set a date for trial as soon as possible.
“The trial will be a bench trial, and Plaintiff believes that the case can be tried in no more than two weeks. Plaintiff is available on all but the following dates (aside from major holidays) in 2023: June 23 to July 9, and September 29 to October 15.”
Izmirlian has asserted, among other claims that the resort’s main contractor had misrepresented that sufficient laborers and managers would remain working on the project to complete the project on time for the March 27, 2015 deadline, when in fact hundreds of Chinese workers left the project from December 2014.
Izmirlian also contends that CCA failed to disclose conflicts of interest and payments and efforts to influence Bahamian government officials, their families, and associates.
Further, Izmirlian has claimed that the contractor intentionally engaged in work slowdowns or stoppages which prevented the project from opening to any paying guests on March 27, 2015, and contributed to BML’s liquidity crisis.
