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1627-7 Interviews MON APR 01 1985 ED: FINAL SECTION: FRONT PAGE: lA LENGTH: 25.24" LONG ILLUST: photo: Benjamin NOVACK SOURCE: EDNA BUCHANAN Herald Staff Writer DATELINE: MEMO: HOTELMAN NOVACK SUFFERS A STROKE AMID NEW STRUGGLE With a new controversy surrounding him, a legend lay in intensive care at Mount Sinai Medical Center in Miami Beach Sunday. Benjamin H. Novack, 78, who built the Fontainebleau, Miami Beach' s flagship hotel in the days when the fabled resort city really was the Playground of the World, suffered a stroke Saturday. He is reported paralyzed on one side. Novack' s battles with politicians, the press and his three beautiful wives splashed sporadically across front pages for four decades. His stroke came amid a new struggle. He fell ill 24 hours after his only son, Benjamin Jr. , 29, filed a petition in Dade Circuit Court to have the dapper and feisty hotelman declared incompetent to handle his own affairs. He is a fighter. "All the strain he went through with the Fontainebleau situation was enough to kill anybody, " said attorney Richard B. Marx, who is representing the son. He referred to Novack' s loss of his extravagant world famous 565- room creation, which at the time cost more to build than any other hotel in the world. "You can' t destroy this man, he' s like the eighth wonder of the world, " Marx said. "He ' s a hell of a man, the kind you have to kill with a silver bullet. You're never going to see anybody like him again. That type of person, who gave a little color to life, doesn' t exist anymore. "It took one of a kind to do what that man did. He ' s a Damon Runyon type, bright as can be, tough to get along with, but he could charm you out of your socks, or hit you in the head with a baseball bat. " The petition he has filed for Novack' s son lists the senior Novack' s assets at just over $1 million dollars. That is about $2 million less than the profits realized by Novack after the 1983 auction of the bankrupt hotel ' s costly antique treasures. "He just wants to protect his father' s assets, " said Marx. "There is a well-grounded fear that other people may gain control of his assets, " Marx said. The younger Novack "wanted to make sure his father didn't get swindled. " Novack has lost huge amounts recently after investing in a Boynton Beach restaurant named Alcatraz, the Racquet Club in North Bay Village and a golf course concession in Hollywood, Marx said. In addition "we know of $100, 000 and a big diamond ring, " Novack reportedly gave to a 25-year-old woman friend. Before Novack' s stroke, Marx had said "We fear that he can't handle his affairs. " The assets the younger Novack seeks to control are liquid -- in cash, stocks and bonds, Marx said. Novack apparently was unaware of the petition when taken ill at a local nursing home where he had been confined for several months. Taken by ambulance to Mount Sinai, he was listed in critical condition late Sunday. A dreamer who described himself as Miami Beach ' s "biggest booster, " he was a Bronx-accented street fighter who got things done, until financial reverses in the late 1970s led to the loss of his beloved hotel after 23 years. During his highly publicized feud with the late Mayor Jay Dermer over the city' s beach, Novack called his honor "a jerk. " I During his stormy 16-year marriage -- his second -- to a gorgeous red- haired model named Bernice, he had her trailed by his private detectives. She gave them the slip long enough to loot his safety deposit box. A judge ordered Novack to put his estranged wife and their young son up in a Fontainebleau penthouse. During chance encounters in the velvet carpeted halls decorated with Louis XIV furniture, the couple ' s battles were legendary. On one occasion, the court ordered the petite Mrs. Novack to return a shopping list of antiques and valuables she reportedly spirited out of the hotel . It included solid marble tables that weighed a ton. Long divorced and mellowed, the two are now friends. His third marriage also ended in divorce, and little is known about his first. Novack sued The Miami Herald in a $10 million libel case in the late 1960s . He charged that news stories wrongly linked his hotel to gangsters. He won a retraction and dropped the suit. Before he did so, Frank Sinatra left town in a hurry, subpoenaed twice by The Herald to testify in the libel case and once by Mrs. Novack in her divorce case. Sinatra, who has a Fontainebleau suite named after him, never testified in either. ADDED TERMS: novak health END OF DOCUMENT.