Builder still had not produced a C of O after seven years. Two families separately contracted with Giovanni Culotta to build semi-attached homes at 243 and 245 Elm Street in Staten Island. In May 1998, both families closed and received temporary certificates of occupancy with an understanding that Culotta would later provide a final certificate. Buildings’ records indicate the last temporary certificates of occupancy expired in 1999. Subsequently, Buildings issued violations to the families for occupying their homes illegally and, after a hearing at the Environmental Control Board, both families paid the imposed penalties.

In 2002, the families sued Culotta for breach of contract, claiming he had failed to provide final certificates of occupancy. At trial, Culotta admitted that after seven years he still had not delivered final certificates, claiming his delay was due to his very busy schedule. (read more…)