MCWG Convinces the First Department to Reverse Two Injunctive Orders and Award Costs

In Essa Realty Corp. v. J. Thomas Realty Corp., on February 16, 2010 the New York Appellate Division, First Department reversed two orders issued by Justice Edmead and awarded costs to our client.  The two orders directed our client to alter its building based upon Plaintiff's allegations that our client's building was leaning on and causing damage to Plaintiff's neighboring building.  The decision states that Plaintiff was unable to establish a likelihood of success on the merits because of dueling expert testimony regarding whether our client's building was in fact leaning on Plaintiff's building.  The Court also held that Plaintiff could not establish an "unsafe condition" as their engineer had not notified the New York City Department of Buildings of an unsafe condition as he is required to do under the New York Administrative Code.  Accordingly, the Appellate Division ruled that the balancing of the equities favored our client, which should not be compelled to physically alter its building on the basis of disputed facts.  This decision follows a decision on an interim motion to the First Department for the injunctive orders to be stayed and for the Plaintiff to be required to post an undertaking.  That motion was also granted.  Kevin F. Buckley and Daniel M. O'Connell represented J. Thomas Realty Company.