Landlord's Claim Against City for Building Demolition Dismissed

June 30, 2008

LVT Number: #20538

In January 2008, landlord sued HPD, DOB, and other city agencies in federal court, claiming that its building was improperly demolished. Landlord claimed civil rights violations. The court dismissed the case for failure to state a claim. Landlord bought the building in 1979. At that time, there was a 1974 DOB unsafe building violation in place. In May 1998, one day after a DOB inspection, the building was demolished. Landlord's claim was time-barred since landlord sued more than three years after the demolition took place in 1998.

In January 2008, landlord sued HPD, DOB, and other city agencies in federal court, claiming that its building was improperly demolished. Landlord claimed civil rights violations. The court dismissed the case for failure to state a claim. Landlord bought the building in 1979. At that time, there was a 1974 DOB unsafe building violation in place. In May 1998, one day after a DOB inspection, the building was demolished. Landlord's claim was time-barred since landlord sued more than three years after the demolition took place in 1998. Although landlord complained that he wasn't given advance notice of the demolition, he didn't claim he didn't know in 1998 that it occurred. Landlord also had an adequate remedy by bringing an Article 78 proceeding against the city in state court in 2002.

Taylor v. HPD: NYLJ, 6/25/08, p. 32, col. 3 (S.D.N.Y.; Gorenstein, J)

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