Owner Loses Chimney Claim

Owner of building with a chimney sued the developer of an adjacent, taller building for the expense of bringing the chimney into Code compliance. West Chelsea Building LLC owns a 10-story building, located at 516 West 26th Street, Manhattan, with a chimney on the roof. Jack Guttman and others own an adjacent building at 543-545 West 25th Street. Between 2005 and 2007 the Guttman group converted its property into the Arts Tower Condominium … <Read More>


Malpractice claim advances

Lawyer allegedly failed to cite in opinion letter newly proposed zoning law changes. Santo Nostrand LLC contacted an attorney at Cozen O’Connor to advise on whether it could build a Walgreens store and parking lot on a specified parcel of land in Bedford-Stuyvesant, Brooklyn. The attorney issued an opinion letter on May 24, 2007, which stated that Santo could construct the store and parking lot in conformity with current zoning laws. The Department of City … <Read More>


Owner claimed building in danger of collapsing

Owner could not vacate tenants of 11 Essex Street. Sion Misrahi, the owner of 11 Essex Street, a five-story residential building with ground floor retail, made multiple requests to Buildings asking for an order to vacate the building to enable its repair in response to an Environmental Control Board “failure to maintain” notice. After sending engineers to investigate the building, Buildings denied the request, finding that the building did not pose an imminent danger, a … <Read More>


Contractor denied additional payment

DEP required Jett Industries to clean channels at the Wards Island Wastewater Treatment Plant; Jett claimed that cleaning was extra work and sought an additional payment. Jett Industries, Inc. entered into an $116,969,000 contract with the Department of Environmental Protection to rehabilitate the settling system at the Wards Island Wastewater Treatment Plant. During the bidding process DEP, in response to bidders’ questions regarding the cleaning of tanks and channels, notified bidders that contractors were advised … <Read More>


Contract Clause Ruled Ambiguous

During a seven year period Contractor and School Construction Authority agreed to multiple time extensions on $32.75 million contract. In February 2001, The New York City School Construction Authority entered into a $32,750,000 contract with AMCC Corporation, a general contractor, to design and build P.S. 270, a three-story public school located at 233-15 Merrick Boulevard, Queens. Over the course of the construction, the contractor submitted proposed change orders to the Authority totaling $4,838,245.57 for the … <Read More>


Eric Garner’s death: No Justice, No Peace

Three years have passed since Eric Garner’s choking death at the hands of police officer Daniel Pantaleo, and the episode remains unresolved. The grand jury’s secrecy and its decision not to indict anyone, along with Comptroller Scott Stringer’s unusually swift civil settlement with the Garner Family, have left the public with insufficient answers and a sense that justice has been denied. Civil rights organizations and governmental investigators have made additional attempts to obtain information, but … <Read More>