Landlord Sues City for Demolishing Building

May 31, 2011

LVT Number: #23424

Landlord sued the city for damages after the city demolished a portion of landlord's building. The city asked the court to dismiss the case and for an award of its demolition costs. The court ruled for the city. DOB's inspector had found a hazardous condition at the building and recommended immediate demolition of the front portion. DOB's commissioner then declared an emergency and ordered landlord to demolish the front of the building. When landlord didn't do so, HPD did the partial demolition. Landlord's due process rights weren't violated.

Landlord sued the city for damages after the city demolished a portion of landlord's building. The city asked the court to dismiss the case and for an award of its demolition costs. The court ruled for the city. DOB's inspector had found a hazardous condition at the building and recommended immediate demolition of the front portion. DOB's commissioner then declared an emergency and ordered landlord to demolish the front of the building. When landlord didn't do so, HPD did the partial demolition. Landlord's due process rights weren't violated. The city provided sufficient proof that the demolition was done in response to an emergency condition, and not done arbitrarily.

432 E. 11th St. Corp. v. City of New York: Index No. 108308/05, NYLJ No. 1202494727633 (Sup. Ct. NY; 4/29/11; Kern, J)

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