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Adam Leitman Bailey, P.C. Developer Must Amend Design Plans

Adam Leitman Bailey, P.C. was retained by the owner of a residential building after the developer of the adjacent property had violated numerous laws under the New York City Department of Buildings Code (“Code”) that required the protections of adjacent buildings during support of excavation and construction work.

After successfully being granted a temporary restraining order (“TRO”) halting all construction activities by the developer, the Court requested that the parties submit a proposed order regulating the developer’s conduct to ensure the protection of the residential building and its occupants, before the developer was permitted to resume construction.

Leveraging its extensive experience in negotiating license agreements, and representing clients in adjacent construction disputes, Adam Leitman Bailey, P.C. worked with its team of engineers and architects to draft a proposed order to the Court that provided strict operating guidelines and protocols for the developer to operate under, including installing optical monitoring of the residential building, and amending its site safety plans with the New York Department of Buildings to properly protect the residential building and its occupants.   Adam Leitman Bailey, P.C. also demanded that the developer provide the proper indemnification and insurance to the residential building in the event of damage.

Recognizing its inability to comply with these provisions, the developer decided to amend the design of its building, and submit revised plans to the New York City Department Buildings (“DOB”).  The construction work affecting the residential building remains on hold in perpetuity pending the approval of the DOB of the amended building plans.

Adam Leitman Bailey, Joanna C. Peck, and Suzan Arden represented the adjacent owner in this matter.

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