DOB Decision to Partially Demolish Building Upheld

DOB issued an emergency vacate order for a five-story apartment building after it discovered that the right side of the building, the third floor, and the roof were bowing. DOB also ordered partial demolition by removal of the top two floors. Landlord sued to prevent DOB from further demolition, claiming that DOB’s decision was arbitrary. The city claimed that DOB’s decision to declare an immediate emergency and issue a vacate order was reasonable. The court ruled for the city and denied landlord’s Article 78 petition. DOB inspected the building with its engineer and found that the building should be partially demolished, to a safe level. The fact that landlord’s expert’s opinion differed from DOB’s did not invalidate DOB’s ruling. Landlord didn’t show that DOB’s decision was arbitrary or irrational. Landlord’s petition also was premature since it hadn’t yet filed an administrative appeal.

Idlewild 94-100 Clark LLC v. City of New York: NYLJ, 4/14/10, p. 28, col. 1 (Sup. Ct. Kings; Miller, J)