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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.

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