PUBLISHED DECISIONS

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Department Of Buildings Violation Dismissed For Proving Pre-Existing Condition

By Adam Leitman Bailey


Adam Bailey and Pete Reid represented the respondent and denied the violation of work without a permit in the installation of water and waste lines for a three-piece bathroom, residential sink, and gas line for a stove.

Mr. Bailey questioned service in that reasonable efforts were not made to effect service. The superintendent of the building appeared, stating that he was at the building the entire day, and was not served. He stated that he picked the notice of violation off the door a few days after the violation issued. Mr. Bailey also questioned mail service. Building Department Representative Pena reviewed DOB records and found that service was effected at the place of occurrence, and furnished printouts to substantiate this.

Mr. Bailey questioned the superintendent, who stated that he began working at the place of occurrence in 1987 which was prior to the transfer of this property to the cited respondent , and at that time, there was this unit used by doorman, porter, etc. as a temporary rest area.

Credible testimony of pre-existing condition, i.e. , the apartment was installed prior to the transfer of the property to the named respondent, warrants dismissal of the violation.

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS