Department Of Buildings Violation Dismissed for Proving Pre-Existing Condition
Landlord retained Adam Leitman Bailey, P.C. to defend a Department of Buildings violation that alleged the illegal installation of water and waste lines for a bathroom and a gas line for a stove in a building in Queens.
Adam Leitman Bailey, P.C. interviewed the superintendent of the building who stated that the alleged violations had existed prior to his employment with the building in 1987.
Through research into available records, Adam Leitman Bailey, P.C. found evidence that ownership in the property had only been transferred to the current landlord after 1987.
At the hearing, Adam Leitman Bailey, P.C. offered testimony from the superintendent and argued that the offending violations were a pre-existing condition and that the current landlord was not responsible for the violations.
Despite the city’s strict liability provisions, the Environmental Control Board found the testimony of the superintendent to be credible and agreed with the arguments set forth. The violation was dismissed.
Pete Reid appeared on behalf of Adam Leitman Bailey, P.C.