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Judge Grants Tenants' Motion to Certify Class Action Lawsuit Alleging 1 West Owners Were Negligent
Tenants of 1 West Street and 17 Battery Place, in lower Manhattan, win motion to certify their claims. Judge appoints Imbesi and Napoli law firms as Class Counsel
On January 21, 2016, the Honorable Manuel Mendez ruled that the residential and commercial tenants of two (2) buildings located at 1 West Street and 17 Battery Place, 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 decision appointed attorneys Vincent Imbesi and Hunter Shkolnik as class counsel.
The attorneys successfully obtained a similar decision on behalf of tenants in a separate building located in lower Manhattan. On July 17, 2014, the Honorable Ellen Coin ruled 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 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. The lawsuit seeks damages to compensate tenants for expenses relating to their apartments’ inhabitability, including the costs associated with obtaining temporary housing, moving, hotel, rent, food and furniture replacement.
For additional information, please contact attorney Brittany Weiner, partner of Imbesi Law P.C.
Imbesi Law P.C.