Grill and Welch Awarded Strict LiabilityFebruary 14, 2018 | David M. Grill | Michael P. Welch | | |
David M. Grill and Michael Welch obtained a significant victory on behalf of their client who owns a residential property in Brooklyn.
Specifically, they were awarded partial summary judgment for the client on the issue of an adjoining property owner’s strict liability. The award was pursuant to New York City Building Code § 3309.4, for the adjoining owner causing damage to our client’s multi-unit apartment building. The adjoining owner failed to protect and preserve our client’s building during excavation of the adjoining property and the installation of underpinning below our client’s building without permission.
In its decision, the Court adopted all of our arguments, including, that § 3309.4 is a strict liability statute and that defendants are, therefore, liable for the damages they caused. The Court also held that our motion was not premature, because no discovery was needed on the issue of defendants’ strict liability. Per our request, the Court set the matter down for an inquest to determine the amount of damages due and owing to our client.