The Owner/Landlord of a historic building in downtown New York City was confronted serious City violations that alleged a failure to safely maintain exterior walls. The landlord was in the process of selling his landmark property and needed the violation to be dismissed immediately in order to move forward with the sale. The Landlord retained ALBPC and Pete Reid was assigned to the case.
While researching applicable case law and arcane City regulations, Pete Reid discovered that the specific violations under which the landlord had been charged were only applicable to buildings of 6 stories or more.
At the hearing, Pete Reid produced evidentiary evidence in the form of surveys and photographs to establish that their client’s property was only 5 stories, and that according to the existing laws the violations should be dismissed. The attorney for the City asked the judge if he could then amend the violation to include a new section. However, Pete Reid successfully opposed this motion arguing that the City could not obtain immediate jurisdiction over the client for what would essentially be a new violation.
Ultimately the judge agreed with Pete Reid and dismissed the violations, praising their passionate defense and legal research skills. The landlord was able to immediately proceed with the sale of his building without any encumbrances.
Pete Reid and Carolyn Rualo represented the landlord in this action in front of the Environmental Control Board.