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. (read more…)

Lawsuit intended to keep 19th century landmark from falling into a state of disrepair. In 2005, Landmarks designated the Windermere Apartments, three buildings located on West 57th Street and Ninth Avenue, in order to preserve its Queen Anne-style architecture and to recognize its storied history as a residence for young, self-supporting women entering the workforce in the mid-1800s. The owners claimed that the buildings were in an “unsafe condition” and did not warrant designation; preservation groups claimed that they could be restored despite their many years of neglect. Landmarks agreed with the preservationists and voted to designate the building.

Subsequent to designation, Landmarks sent a series of notices to Toa Construction, the owners of the Windermere, stating that it was required to ensure the buildings were kept in a state of good repair as per the Landmarks Law. Toa failed to provide Landmarks with a restoration plan in response to any of Landmarks’ notices. (read more…)