Contractor liable for property damage

Contractor damaged neighboring building while excavating vacant lot in preparation for building parking garage. LIC Contracting, Inc. was hired by a company that owned a vacant lot located at 211-02 and 211-04 Northern Boulevard in Queens to construct a three-story commercial building with two-level underground parking on the premises. The project required that the lot be excavated to construct the parking structure.


Property owner wins indemnification

Property owner sued general contractor and design consultant for indemnification of costs resulting from violations of federal, state, and local disabilities law. CREF 546 owned property located at 546 West 44th Street in Manhattan and hired developers to construct two fourteen-story residential midrise apartment buildings that shared amenities. CREF 546 contracted with Code Consultants to review design and construction documents and Hudson Meridian as their general contractor. The building became occupied in 2016.


Property owner held in civil contempt

Property owner blocked neighbor’s contractors from completing agreed repairs. In 2005, Mauro Palladino, without permits from the Department of Buildings, installed a pool, a fence, and a wall in the backyard of his Staten Island home. Palladino’s construction caused stormwater to flood the neighboring backyard of a home owned by Nicola Mezzacappa.  In 2008, Mezzacappa, sued Palladino for the damage to Mezzacappa’s property. The neighbors settled the lawsuit in 2011.  As part of the settlement, … <Read More>



City’s Claim for Tree Damage Dismissed

Sidewalk contractor injured City trees during sidewalk reconstruction. A property owner hired Tri-Rail Construction, Inc., to repair the sidewalk adjacent to the owner’s property. During the course of the sidewalk repair work Tri-Rail injured City-owned trees. The City sued Tri-Rail for money damages for the injury to the City trees.


Trespass Damages Of $750,000 Upheld

Land developer’s construction of building encroached upon neighbors’ land. Britton Property, Inc., a developer, constructed a new six-story residential building located on Britton Avenue, in Elmhurst Queens. Britton installed 17 steel I-beams, a roof cap, and a brick façade that physically encroached on surrounding properties and the properties’ airspace. Britton’s architectural plans provided for the beams to be installed temporarily on the surrounding properties, but Britton failed to remove them.