Braverman Greenspun partner Benjamin Fox Tracy recently shared his thoughts with the New York Post for an article on a high-profile dispute involving alleged construction damage to a historic Greenwich Village building at 10 Fifth Avenue.
The owners of 10 Fifth sued the developer of a nearby luxury condominium at 16 Fifth Avenue, Madison Realty Capital, and related construction companies for $2.8 million in damages after tenants were displaced from their apartments for approximately two and a half years due to alleged destabilization of the building during excavation and construction work next door.
Ben explained that disputes arising from construction impacting neighboring properties have increased in frequency and intensity over the past two decades, driven in part by the boom in development and stringent city requirements such as Local Law 11, which governs façade safety. He noted that while New York’s access statute, RPAPL § 881, is intended to help facilitate construction involving adjoining properties, it remains “murky,” and court decisions have been inconsistent — leaving significant uncertainty for both developers and neighboring owners.
Ben also emphasized that affected neighbors should not be bearing the costs when construction activities cause damage, particularly in sensitive contexts like historic districts. Explaining the heightened risks posed by foundation and excavation work, Ben noted, “Foundation and excavation work inherently presents the riskiest part of any construction project. It can damage the stability and really jeopardize the structural integrity of adjoining buildings.”
Read the full New York Post article here.