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2020 NY Slip Op 50513

Citation
2020 NY Slip Op 50513
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,757 chars
without general conditions, he estimates that the work needed would total $600,000; that
he expects $250,000 to $300,000 more, which would total $850,000 to $900,000.

DOB's expert testified on cross-examination that, structurally, the subject premises is
not in extremely poor condition, aside from facades and the floor issues in the rear of the
first floor; that the subject premises is not beyond repair; that he has experience with
buildings in the same condition as the subject premises; that he inspected portions of the
subject premises foundation that were visible; that he saw no sign of foundation
movement that would be destructive; that there are minor signs of water damage; that
differential settlement would be destructive, which would manifest as diagonal cracks in
masonry walls which he did not see; that he only sees a problem like that when a building
is on poor soil, or when adjacent construction moves soil or causes de-watering, which
he does not see here, even though there was adjacent construction a long time ago; that
that construction was not a new building that required excavation; that it is extremely
unlikely that construction on existing buildings could impact the structural soundness of
the subject premises; that he never saw alterations to the buildings adjacent to the subject
premises that could cause foundational problems, as those buildings pre-date
engineering; that a building constructed with masonry walls and wood joists, like the
subject premises, can theoretically last indefinitely; that, if construction was defective in
the first instance, problems would have shown up a long time ago; that original plaster he
observed in the subject premises meant that there had not been a structural renovation of