On July 17, 2014, the Honorable Ellen Coinruled that the residential tenants of two (2) buildings located at 2 Gold Street and 201 Pearl Street, in Lower Manhattan, may proceed with a class action lawsuit which alleged that the owners and the buildings’ managing agent failed to properly prepare the buildings prior to Hurricane Sandy.
The lawsuit, Cashwell v. 2 Gold, LLC, et. al., Index No. 158155/2012, was filed by three (3) tenants on behalf of over two thousand (2,000) tenants who resided at 2 Gold Street or 201 Pearl Street on October 29, 2012.
The complaint alleges that the defendants failed to construct proper barriers around the perimeter of the properties, specifically, 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. The complaint alleges that the failure to secure the perimeter allowed extensive amounts of water to penetrate the buildings and their mechanical rooms.
Due to the damages caused by the water penetration, the building was rendered uninhabitable, causing residents to evacuate and obtain alternative housing for almost four (4) months. The lawsuit seeks damages to compensate tenants for expenses relating to their apartments’ uninhabitability, including the costs associated with obtaining temporary housing, moving, hotel, rent, food and furniture replacement.
The Court ruled that the law firms Napoli Bern Ripka Shkolnik, LLP and Imbesi Christensen shall serve as class counsel. For more information, please visit www.lawicb.com or contact Jeanne Christensen at (212) 736-5588 or jchristensen@