Thank you for sharing!

Your article was successfully shared with the contacts you provided.

bulldozerFor years, New York developers, particularly in New York City, have faced a legal quagmire when needing access to adjacent properties in order to safely perform excavation or other below-ground structural work. A developer that compromises the foundations of neighboring properties is strictly liable for the resultant damages. Underpinning is a method used to prevent that from occurring. Underpinning reinforces and stabilizes a foundation and enables it to withstand heavier weights above ground.

Despite the strict liability imposed on a developer, until recently Appellate Division precedent indicated that a statute commonly used to compel licensed access to neighboring properties could not be used to compel a neighbor’s consent to underpinning. A new dispute has prompted the Supreme Court to give a much-needed fresh, new look at the case law and relevant statutory and regulatory framework. But whether this new Supreme Court decision serves as a victory for every developer is now a new question.

This premium content is locked for
New York Law Journal subscribers only.

*May exclude premium content
Already have an account?
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to groupsales@alm.com to learn more.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.