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 & Departments

Real Property Law

By New York Real Estate Law Reporter Staff
February 01, 2024
|

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.

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
How Secure Is the AI System Your Law Firm Is Using? Image

In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.