Friday, November 27, 2015

TD Bank sues Feldman Lubert Adler for $50M

TD Bank sues Harrisburg mall partnership Feldman Lubert Adler for $50M. The bank said the mall hasn't paid its mortgage.

TD Bank sues Feldman Lubert Adler for $50M

Specialist Arthur Andrews, foreground, works at his post on the floor of the New York Stock Exchange. (AP Photo/Richard Drew)
Specialist Arthur Andrews, foreground, works at his post on the floor of the New York Stock Exchange. (AP Photo/Richard Drew)

TD Bank yesterday filed a second federal lawsuit against Feldman Lubert Adler Harrisburg LP over the partnership's alleged failure to pay $50 million in mortgages and interest for the Harrisburg Mall. The partnership bought the mall in 2003; it lost an anchor store, Boscov's, earlier this year.

In the new suit, TD (as successor to Commerce Bancorp, Cherry Hill, which financed the 2003 deal) wants $50 million from the partnership between publicly-traded mall operator Feldman Mall Properties Inc., of Long Island, and Lubert Adler, the Philadelphia real estate investment group whose investors include Pennsylvania's state pension funds.

Last month, TD sued to get possession of the mall. Philadelphia lawyer Barry E. Bressler, who's representing TD with his Schnader Harrison Segal & Lewis LLP colleagues Richard Barkasy and Michael Barrie, says both suits are active. He declined to say whether he thought Lubert Adler, which isn't a plaintiff, could end up having to pay. Lubert Adler's lawyers at Klehr Harrison didn't immediately return calls seeking comment.

Both suits were filed at Pennsylvania's Middle District in Harrisburg. The "possession" lawsuit is 08-02122-WJN. The $50 million lawsuit is 08-02255-WJN.

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PhillyDeals posts interviews, drafts and updates that Joseph N. DiStefano writes alongside his Sunday and Monday columns and ongoing articles about Philadelphia-area business.

DiStefano studied economics, history and a little engineering at Penn. He taught writing and research at St. Joe’s. He has written for the Inquirer since 1989, except when he left a few times to work at Bloomberg and elsewhere. He wrote the book Comcasted, and raised six kids with his wife, who is a saint.

Reach Joseph N. at, 215.854.5194, @PhillyJoeD. Read his blog posts at and his Inquirer columns at Bloomberg posts his items at NH BLG_PHILLYDEAL.

Reach Joseph at or 215 854 5194.

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