On November 19, 2012, Cashwell v. 2 Gold, LLC, et. al., Index No. 158155/2012, was filed on behalf of over one thousand (1000) residents residing at 2 Gold Street or 201 Pearl Street. The complaint alleges that the defendants failed to construct proper water barriers around the perimeter of the properties, especially in front of a parking garage entrance that is located on the property. Failing to properly secure the garage entrance was a critical error, due to its slope and close proximity to the buildings' mechanical rooms. Said failure allowed extensive amounts of water to penetrate the buildings and their mechanical rooms.
In the complaint, the plaintiffs allege that Frank Vasta, the executive Vice President of Construction for TF Cornerstone, Inc., admitted in a meeting with residents of the building that water penetrated the building through a parking garage entrance located on the property and then penetrated the buildings' mechanical rooms which maintained vital operational equipment. In addition, the complaint states that Mr. Vasta also admitted that the mechanical rooms did not have restrictive doors that could have prevented the water penetration but represented that he was now "looking into" sealing critical rooms with "submarine style doors." Mr. Vasta was named as an individual defendant in the lawsuit.
Due to the damages caused by the water penetration the building was rendered uninhabitable, causing residents to evacuate and obtain alternative housing. The lawsuit seeks damages to compensate tenants for expenses relating to the mandatory evacuation, including the costs associated with obtaining temporary housing, including moving, hotel, rent, food and furniture replacement. The law firms estimate that the potential damages will be approximately $54,155 per unit.
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