Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Real Property Law

By NYRE Staff
May 01, 2023

Strict Liability for Excavation Damage

Georgitsi Realty, LLC v. Armory Plaza, Inc., 2023 WL 1425584, AppDiv, Second Dept. (memorandum opinion)

In an action by neighboring landowners against developers and their various contractors for damages to property caused by excavation, owners and contractors appealed from Supreme Court's grant of summary judgment to neighbors on claims for violation of the New York City Administrative Code and for negligence. The Appellate Division modified to deny summary judgment on some of the Administrative Code claims and on the negligence claims, but affirmed with respect to other Administrative Code claims.

Developers built a multistory apartment building with two levels of underground parking. In the course of construction, developers excavated more than 40 feet beneath the surface of the land, allegedly causing damage to a number of neighboring properties. Several neighboring owners sued, alleging violation of former Administrative Code section 27-1031(b)(1), which requires an excavator to preserve and protect neighboring properties from injury caused by excavations of more than 10 feet, provided that the excavator is afforded a license to enter and inspect the adjoining properties. Neighboring owners also alleged negligence. Supreme Court awarded summary judgment to the neighboring owners on the issue of liability with respect to the Administrative Code claims and the negligence claims.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

The Cost of Making Partner Image

Making partner isn't cheap, and the cost is more than just the years of hard work and stress that associates put in as they reach for the brass ring.