City Must Protect Neighboring Building While Enforcing DOB Demolition Order

The City of New York sued landlord, seeking an order granting it access to a building's exterior and land in order to perform emergency demolition of an adjoining abandoned building. DOB had issued an emergency declaration finding the adjoining building to be deteriorated and at risk of collapse, and ordering its demolition. Landlord asked the court to convert the proceeding into one for a license to enter its building. Landlord didn't challenge DOB's ruling and wasn't refusing access but sought safeguards in order to protect its building and occupants from damage that could arise from the demolition work. The court ruled for landlord, and ordered the city to set up scaffolding and safeguard landlord's property and occupants from damage. It also ordered that landlord and occupants be added to the city's contractors' liability insurance policy as additional insured parties.

The City of New York v. 32-45 37th Str. LLC: Index No. 6776/17, NYLJ No. 1202793829920 (Sup. Ct. Queens; 7/12/17; Kerrigan, J)