The First Department said developers of a 21-story building should have given their 10-story neighbor notice that the structure would result in the neighbors' chimney becoming non-compliant with city building codes, but the construction of the taller building was obvious enough to trigger the accrual of the claim.
April 01, 2016 at 09:00 AM
1 minute read
A Manhattan building owner was time barred from claiming developers of an adjacent, taller building had an obligation to pay for its new chimney, the Appellate Division, First Department, held Thursday.
The developers of Chelsea’s 21-story Arts Tower did not comply with regulations requiring they give their 10-story neighbor written notice that the new structure would result in the neighbor’s chimney becoming non-compliant with New York City building codes, the decision said.
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