Developer Sues Neighboring Condo for Stalling Construction

Jan. 21, 2015 — What happens when a developer that plans to build a high-rise condo needs access to the neighboring condo to do prep work and is refused entry? They sue, of course. DNAinfo reports that developer Erik Ekstein needs to "demolish the five-story Madison Avenue Baptist Church at 30 E. 31st Street, but the neighboring condo building, M127, has refused to let workers inside." The developer filed a lawsuit on January 13 in New York Supreme Court against M127 for delaying work. According to the report, M127's managing board denied the developer access to its roof, side yard, and backyard so it can install temporary crack and vibration monitors and waterproofing, along with scaffolding. DNAinfo adds that a member of M127's managing board declined to comment. It's, therefore, not clear what motivated the board to refuse the developer access to its building, but it's potentially made a costly mistake. A lawsuit means time and money wasted. Existing condo (and co-op) boards should take note and not make the same mistake. It's only a matter of time before a developer begins building a new condo right next door — especially given all the construction anticipated this year.