Lawsuit Claims Luxury Condo Came With a Rare Amenity: Carcinogens

We’ve all heard horror stories about construction defects even in the priciest new condo developments. They range from water leaks to drafts, flooding, balky elevators, shoddy workmanship and electrical explosions. But a new lawsuit claims that a multi-million-dollar East Village condo came with the amenity from hell: carcinogens. 

Julian Swirsky, a Columbia Records executive, says he wasn’t able to live in his posh $2.3 million apartment at 32 E. 1st St. for six months “because of construction defects that poisoned the air with carcinogens and toxic dust,” according to a lawsuit filed in Manhattan Supreme Court, the New York Post reports.

Swirsky had to do the necessary remediation and repairs to the apartment in December in order to move in because building management, the condo board and sponsor failed to do so, the court papers say.

Swirsky’s suit claims he began experiencing “severe respiratory problems and skin irritation, including swelling and ugly red blotches” when using the air conditioner. The conditions subsided whenever he was traveling and reemerged when he came home, the filing alleges. He says he hired an inspector and discovered that “massive amounts” of construction debris and dust had been left in the HVAC system ducts including lead, gypsum and known lung cancer causing mineral, quartz.

The lawsuit claims there are other more commonplace problems in the building as well, including “persistent leaks,” mold in other units, defective flooring and “a failure to complete the supposedly first-class amenities, including the spa.” Other amenities include a sauna, steam room and state-of-the-art gym replete with Peloton equipment.  

After mitigating the defects at his own cost, Swirsky is now asking a judge to force the condo and sponsor to pay him back $150,000 for the work, doctors fees and other costs, plus another $200,000 in damages.