Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

City of New York v. 32-45 37th Street LLC

Supreme Court, Queens County

July 12, 2017

The City of New York and The New York City Department of Buildings and The New York City Department of Housing Preservation and Development, Petitioners, For a Court Order to Access and Use the Land and Buildings Located at 32-45 37th Street, Queens, New York(Block 655, Lot 19) and 32-51 37th Street, Queens, New York (Block 655, Lot 16), in conjunction with the emergency demolition of 32-49 37th Street, Queens, New York (Block 655, Lot 18)
v.
32-45 37th Street LLC, The Catherine Mancuso Family Trust, Frances Ann Garace and Charles Mancuso, as trustees of The Catherine Mancuso Family Trust, and Louis Mancuso, Respondents.

          Counsel for respective parties who appeared on the motion are: Attorney for Petitioner: Max Sarinsky, Esq., Corporation Counsel for the City of New York

          Attorney for Respondents: Michael J. Giusto, Esq., Neufeld, O'Leary & Giusto.

          KEVIN J. KERRIGAN, J.S.C.

         The following papers numbered 1 to 14 read on this petition for an order of emergency access; and cross-motion by respondents to convert the proceeding into one pursuant to RPAPL §881.

         Papers Numbered

         Order to Show Cause-Affirmation-Petition-Exhibits 1-4

         Notice of Cross-Motion-Affirmation-Exhibits 5-8

         Memorandum of Law 9-10

         Affirmation in Opposition 11-12

         Reply 13-14

         Upon the foregoing papers it is ordered that the petition and cross-motion are decided as follows:

         Application by the City for an order granting it access to the land and exterior of the building on Block 655, Lot 19, also known as 32-45 37th Street, and Block 655, Lot 16, also known as 32-51 37th Street, in Queens County, in order to perform the emergency demolition of the adjoining abandoned premises, Lot 18, at 32-49 37th Street, is granted.

         Pursuant to the Emergency Declaration issued by the Department of Buildings (DOB) on September 13, 2016 finding that the 32-49 property is in an advanced stage of deterioration, unstable and at risk of collapse, thus posing an immediate danger to the adjacent properties and the public, it was ordered that the building be demolished.

         In preparation for the demolition, the City's contractor has erected protective scaffolding on the facade and roof of the condemned structure in order to protect the public from falling demolition debris. It is undisputed that in order to perform the demolition safely, and to protect the adjacent properties and public from falling demolition debris, it is also necessary to erect scaffolding on the facades and roofs of the adjacent properties, which are attached to the 32-49 property. Nevertheless, respondent owners of the aforementioned adjoining properties have refused to allow the City's contractor access to their properties to erect protective scaffolding unless the City either has its contractor add them and all occupants in their premises as obligees under its performance bond or obtain a separate repair bond naming respondents and the occupants as obligees, stipulate to reimburse and indemnify respondents and occupants for all costs of the demolition, including legal fees incurred in responding to the instant petition and any repair and relocation costs, require the contractor to provide revised certificates of insurance and an indemnification letter adding respondents and occupants, as well ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.