Landlord Didn't Prove Economic Infeasibility

(Decision submitted by Anthony J. Cornicello of the Manhattan law firm of Cornicello & Tendler, attorneys for the tenant.) Tenant sued landlord to force building repairs. Landlord claimed economic infeasibility; repairing the building would be financially impractical. Landlord also claimed that DOB wouldn't lift a vacate order because the building was uninhabitable. The court ruled for tenant. DOB would lift the vacate order upon a finding that the building was stable. Landlord needed to submit an engineer's report confirming this, but hadn't done so. Landlord didn't show that repairs would cost more than the building was worth. Its estimate that building rehabilitation would cost $550,000 was tentative. A defense of economic infeasibility can't be based on an uncertainty.

Farrell v. E.G.A. Assocs., Inc.: Index No. HP6180/05 (Civ. Ct. NY; Lebovits, J) [7-pg. doc.]