logo CityLand
      • Home
      • About CityLand
      • CityLand Sponsors
      • Filings & Decisions
      • Commentary
      • Archive
      • Resources
      • CityLaw
      • Current Issue

    Recalcitrant owner of Landmark agrees to $1.1M fine


    Court Decisions  •  Landmarks Preservation Commission  •  Clinton, Manhattan
    06/15/2009   •    Leave a Comment
    Clinton, Manhattan

    LPC filed action to compel owner’s repair of landmarked building. After receiving no response to a series of notices regarding the structural instability and deteriorating facade of the landmarked Windermere building at 400 West 57th Street, Landmarks filed suit to compel Toa Construction to repair its building. The action also sought $5,000 in daily civil penalties.

    Two months later, a lower court ordered Toa to give Landmarks access to the building to complete a conditions report. 5 CityLand 80 (June 15, 2008). Five orders followed from the court, including orders that required Toa to perform shoring, bracing, and repair work.

    On May 14, 2009, Toa settled the case with Landmarks, agreeing to pay $1.1 million in civil penalties and fines, the largest fine issued in relation to a landmarked building. The settlement requires Toa and the new owners, Windermere Properties LLC, to seek shoring and bracing permits, and to complete a list of repairs identified by Landmarks.

    Toa simultaneously settled a housing court action for $2.6 million with the former Windermere tenants and the City’s Department of Housing Preservation and Development.

    City of New York vs. Toa Construction, Index No. 400584/08 (N.Y.Cty.Sup.Ct. May 14, 2009) (Smith, J.).

    Share this:

    • Facebook
    • Twitter
    • Email
    Tags : 400 West 57th Street, Toa Construction, Windermere Properties LLC
    Category : Court Decisions

    Comment on this article

    Click here to cancel reply.

    Subscribe To Free Alerts

    In a Reader

    Desktop Reader Bloglines Google Live Netvibes Newsgator Yahoo! What's This?

    Follow Us on Social Media

    twitterfacebook

    Search

    Search by Category

      City Council
      CityLaw
      City Planning Commission
      Board of Standards & Appeals
      Landmarks Preservation Commission
      Economic Development Corporation
      Housing Preservation & Development
      Administrative Decisions
      Court Decisions
      Filings and Decisions
      CityLand Profiles

    Search by Date

    © 1997-2010 New York Law School | 185 West Broadway, New York, NY 10013 | 212.431.2100 | Privacy | Terms | Code of Conduct | DMCA | Policies
     

    Loading Comments...
     

      loading Cancel
      Post was not sent - check your email addresses!
      Email check failed, please try again
      Sorry, your blog cannot share posts by email.