Justice Joan Kenney
An action arose out of the partial collapse and subsequent demolition of plaintiffs' building, located at 87 Chambers Street. Plaintiffs claimed that the partial collapse was caused by defendants' construction activities performed at the adjacent property, 91-95 Chambers Street, which is owned by defendant 77 Reade, LLC. Defendant Weidlinger Associates Inc., as structural engineer, had observed in 2006 several cracks on the façade wall of the plaintiffs' building and recommended that those cracks be recorded and monitored before and during the new construction. Weidlinger sought dismissal of the causes of action against it for negligence and violations of the Building Code, arguing that it owed no duty to prevent plaintiffs' damages. The court demoed Weidlinger's motion as to negligence, determining that Weidlinger failed to make a prima facie showing that it did not perform any services related to the work that caused plaintiffs' damages. The court also denied Weidlinger's motion as to the Building Code violations, finding that it failed to make a prima facie showing that Building Code §27-1031 is inapplicable.
