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Columns & DepartmentsNew York Real Estate Law Reporter

Real Property Law

By New York Real Estate Law Reporter Staff
February 01, 2024
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Developer Has Obligation to Protect Neighboring Structures Even If They Do Not Abut Developer's Parcel

7-11 East 13th Street Tenants Corp., 2023 WL 7198643, AppDiv, First Dept. (memorandum opinion)

In an action by neighboring condominium claiming a violation by the New School and its contractors of its obligations to preserve a neighboring structure from foundation-related excavation activities, the New School and its contractors appealed from Supreme Court's denial of their summary judgment motion. The Appellate Division modified to substitute the condominium's board for the condominium, but otherwise affirmed, holding that "adjoining" property does not have to share a common boundary with the excavating property to trigger obligations under the City's Administrative Code.

During the New School's foundation-related excavation activities, the New School allegedly caused damage to the condominium property located on 13th Street. The condominium property does not share a property line with the New School property. The condominium nevertheless sought damages from the New School, claiming a violation of Administrative Code section 3309.4, which imposes on owners and contractor an absolute obligation to preserve and protect adjoining structures from injury. Supreme Court denied the New School's motion to dismiss, and the New School appealed.

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