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New York Real Estate Law ReporterColumns & Departments

Real Property Law

By New York Real Estate Law Reporter Staff
February 01, 2024

Developer Has Obligation to Protect Neighboring Structures Even If They Do Not Abut Developer's Parcel

7-11 East 13th Street Tenants Corp., 2023 WL 7198643, AppDiv, First Dept. (memorandum opinion)

In an action by neighboring condominium claiming a violation by the New School and its contractors of its obligations to preserve a neighboring structure from foundation-related excavation activities, the New School and its contractors appealed from Supreme Court's denial of their summary judgment motion. The Appellate Division modified to substitute the condominium's board for the condominium, but otherwise affirmed, holding that "adjoining" property does not have to share a common boundary with the excavating property to trigger obligations under the City's Administrative Code.

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