Napoli Bern Ripka Shkolnik & Imbesi Christensen File Amended Class Action Against One West Street

Feb. 18, 2013 - PRLog -- The Law Offices of Napoli Bern Ripka Shkolnik, LLP, and Imbesi Christensen have filed an amended class action complaint on behalf of tenants of 1 West Street and 17 Battery Place, in New York, New York.  The amended complaint, which also named Douglas Elliman Property Management, the building’s managing agent, alleges various causes of actions including the defendants’ failure to properly prepare the building prior to Superstorm Sandy.  

The complaint alleges that the defendants failed to construct proper water barriers around the perimeter of the property, especially in front of a parking garage entrance and a separate entrance door.  The failure to properly secure the perimeter of the building allowed extensive amounts of water to penetrate the building and its mechanical rooms.  As a result of the damages caused by the water penetration, the building was rendered uninhabitable, causing the tenants to evacuate and obtain alternative accommodations.  

In addition to the damages resulting from the evacuation, the complaint alleges that the tenants sustained damages as a result of the diminished condition of the building after they were permitted to reoccupy the building.  The alleged conditions include frequent power outages, lack of heat and water that was not safe for consumption.

The lawsuit seeks damages to compensate tenants for expenses relating to the mandatory evacuation, including the costs associated with obtaining temporary housing.  The lawsuit also seeks compensation for the diminished conditions after tenants were permitted to reoccupy the building.

Napoli Bern Ripka Shkolnik recently secured a landmark settlement of over $800 million for more than 10,000 injured police officers, firefighters, emergency services personnel and construction workers injured due to the toxic exposures during the debris-removal and clean-up efforts at the site of the World Trade Center after the 9/11 attacks.  The firm has recovered over $3 Billion dollars on behalf of its clients.

The firm's principal office is located in the Empire State Building with additional offices throughout the New York Metropolitan Area, including Brooklyn and the Bronx along with offices in New Jersey, Pennsylvania, Florida, Illinois and California.

For additional information regarding the class action lawsuit filed on behalf of the tenants of 1 West Street and 17 Battery Place, please visit www.nylawinsurance.com or contact:

Vincent Imbesi
Partner
Imbesi Christensen
(212) 736-0007
vimbesi@lawicm.com

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