Work in Neighboring Building Caused Crack in Wall

DOB issued a violation notice to landlord for not maintaining a masonry-bearing party wall. The violation notice described cracks at various locations at the rear of one masonry-bearing wall. Landlord objected. The ALJ fined landlord $800. Landlord appealed, claiming that the crack was caused by illegal excavation work next door. ECB ruled for landlord and revoked the fine. Landlord showed that he called DOB one morning to complain about the crack and the illegal construction, that DOB issued the violation to landlord later that day upon inspection, and that two days later, DOB issued an ``error form'' to landlord and a violation notice to landlord of the neighboring building.

Chin: ECB App. No. 32413 (10/25/00) [2-pg. doc.]