Insight

Adam Leitman Bailey, P.C. Saves and Secures Life-Saving Facility While Stopping Work on Development Project

Adam Leitman Bailey, P.C. Saves and Secures Life-Saving Facility While Stopping Work on Development Project

Joanna Peck

Joanna Peck

July 21, 2021 04:08 PM

In New York City, some buildings are sacrosanct. They may not be good-looking or special from the outside but what they do on the inside helps save lives. When Adam Leitman Bailey, P.C. attorneys received the emergency call and ran to this building, upon arriving they were shuffled into an office and briefed on the importance of their mission. The attorneys had to secure and eventually save the building, which cannot be named due to the secrecy of the assignment, in order to allow these workers to continue their life-saving functions.

Next door to the building, a large developer had been in the process of building large residential towers along with a shopping center. Being so massive, the construction had caused cracks in a Fortune 500 company’s building, Adam Leitman Bailey, P.C.’s client. The firm analyzed the cracks and their depth in the walls and how far-reaching the building was affected. The firm had to make a decision on whether the workers needed to be moved while getting the proper experts to secure the building’s structure.

Previously, the firm’s client had entered into a license agreement with the developer for temporary protections required under the New York City Buildings Code for the developer’s massive construction project. Notwithstanding the plain letter of the agreement and the requirements under the Building Code, the developer decided to wholly ignore its obligations to protect the Fortune 500 company’s building, and proceed.

As soon as Adam Leitman Bailey, P.C. fortified the building, it made moves to immediately halt the developer’s work so that the damage to its building could be thoroughly assessed, and quantified, and that proper protection measures could be instituted at the building to ensure that the risk of future building movement and damage could be mitigated.

Working collaboratively with representatives of the Fortune 500 company, its engineers, and Adam Leitman Bailey, P.C.’s select expert team of structural engineers, geotechnical engineers, and architects, Adam Leitman Bailey, P.C. immediately inspected the entire building inside and out to determine and document the totality of the damage, including the structural damage and the severe cracking to the building.

Simultaneously, Adam Leitman Bailey, P.C. reviewed the license agreement and identified numerous breaches by the developer of the agreement. Adam Leitman Bailey, P.C. notified the developer of its patent breach of the license agreement, and the damage caused by its negligence, and demanded that the developer immediately cease and desist all excavation and construction activities at the site until the building was deemed structurally safe and stabilized.

In addition, Adam Leitman Bailey, P.C. notified the New York City Department of Buildings, including directly contacting the Commissioner for the Department of Buildings, of the developer’s negligent conduct and numerous violations of the building code, and the dangerous conditions, including life and safety, created as a result of same. In support of these communications, Adam Leitman Bailey, P.C. provided the Department of Buildings with comprehensive reports from its engineers and architects, which extensively detailed the developer’s repeated failure to comply with even minimal standards of the building code to protect its adjacent neighbor.

Based on Adam Leitman Bailey, P.C.’s efforts, the Department of Buildings promptly inspected the developer’s construction site, and immediately issued a stop work order to the developer relating to any excavation and construction activities near or around the Fortune 500 company’s building. In addition, as a result of Adam Leitman Bailey, P.C.’s efforts, the Department of Buildings flagged the developer’s project for an audit, thereby putting the developer, its project, and its plans and means and methods, under detailed scrutiny.

After bringing the chaotic conditions created by the developer’s conduct to status quo, working with representatives of the Fortune 500 company, Adam Leitman Bailey, P.C., and its expert team of engineers and architects, instituted monitoring devices and protocol to measure any further movement of the building. These geochemical monitoring devices provided the Fortune 500 company with critical information regarding whether or not the developer’s prior excavation and foundation work was causing any further movement of the building.

Once the monitoring devices were installed, Adam Leitman Bailey, P.C. and its team collaborated to identify how the building could be structurally stabilized to mitigate any further movement and damage. To accomplish this, representatives from the Fortune 500 company, and Adam Leitman Bailey, P.C., and its team of engineers and architects, met with the developer to assess the status of the construction project, and what future activities would adversely impact the building. Adam Leitman Bailey, P.C.’s experts also instituted soil stabilization mechanisms for the building.

As a result of such efforts, the Fortune 500 company’s building was stabilized and saved of future damage and rendered safe. The new protocols put in place had made it possible for our client to continue its important work and eventually the development got back to building once it learned to follow the city’s building rules.

This was one of those projects where Adam Leitman Bailey, P.C. attorneys were able to go home and tell their children that real estate attorneys do protect lives and can act like superheroes—at least for one case.

Adam Leitman Bailey, Joanna C. Peck, and Rachel Sigmund McGinley represented the property owner in securing and saving the building and requiring the adjacent developer to stop working until all protocols were in place.

Related Articles

NYC Pay Transparency Law Gets New Start Date


by Justin Smulison

This historic law regarding pay transparency in New York City originally scheduled to take effect last week was rescheduled to Fall 2022.

NYC Stand Resolute on Pay Transparency

House Trap


by Heidi E. Storz

Special districts are often being used as profit centers that leave residents to foot the bill. These homeowners deserve protection from unscrupulous developers who attempt to fleece them and avoid accountability.

Special Districts Changing Property Ownership

Announcing the 2022 Best Lawyers: Real Estate and Infrastructure Publication


by Best Lawyers

Featuring the top legal talent from The Best Lawyers in America, Best Lawyers: Ones to Watch in America and "Lawyer of the Year" recipients for real estate and infrastructure as well as thought leadership from some of the nation's top lawyers.

Real Estate and Infrastructure Publication

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

Prominent 9/11 Lawyer Still Racking Up Awards for Clients


by John Ettorre

Despite 20 years passing since the September 11 terrorist attacks, one lawyer is still working to help families of victims recover compensation.

Prominent Lawyer Helping 9/11 Clients

Is New Always Better?


by Janice Zhou

The rapid rise of gentrification in major cities leaves residents wondering.

Road facing bridge at sunset

Gimme Shelter


by Janice Zhou

Being able to afford housing in Boston, and other desirable cities like it, is increasingly out of reach for too many. What can be done, legally and politically, to combat the problem?

Housing Shortage in Boston

Great Rebuild


by Best Lawyers

Néstor Méndez discusses labor peace, junk-bond repercussions, and the laudable resilience of those who call this storm-battered island home.

An Interview With Pietrantoni Méndez & Alvare

WATCH: Best Lawyers Discusses COVID-19 & Rental Agreements


by Best Lawyers

Three legal experts join the CEO of Best Lawyers to talk about a general approach to “the rental” market and what happens if tenants can’t pay rent in May.

COVID-19 Panel: Rental Agreements

Impact of Climate Change on Real Estate Law


by Best Lawyers

Dr. Christian Schede discusses rent in large cities, the effect of Airbnb, and more.

An Interview With Greenberg Traurig

Property Rights...and Wrongs


by Chad Cooper and Steven S. Kaufman

Winning a legal battle often boils down to finding and targeting the weakest part of an opponent’s case. Four recent real estate disputes in northeast Ohio are good examples.

Strategies for Real Estate Litigation

In the News: New York


by Best Lawyers

News and Events for New York Lawyers

In the News: New York

Results Matter


by Sean Stonefield

With a history of record recoveries, Block O’Toole & Murphy continues to achieve some of New York’s largest personal injury verdicts and settlements.

Block O’Toole & Murphy

The Fighter From New York


by Justin Smulison

Benedict Morelli discusses recent successes and high-profile casework.

Morelli Law Firm

A Master in Defending the Accused


by Best Lawyers

The relentless pursuit of justice when everything is on the line.

Patrick A. Mullin

Trending Articles

The Real Camille: An Interview with Johnny Depp’s Lawyer Camille Vasquez


by Rebecca Blackwell

Camille Vasquez, a young lawyer at Brown Rudnick, sat down with Best Lawyers CEO Phillip Greer to talk about her distinguished career, recently being named partner and what comes next for her.

Camille Vasquez in office

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

Famous Songs Unprotected by Copyright Could Mean Royalties for Some


by Michael B. Fein

A guide to navigating copyright claims on famous songs.

Can I Sing "Happy Birthday" in Public?

Best Lawyers: Ones to Watch – The Future of Legal Talent Looks Bright


by Justin Smulison

Best Lawyers: Ones to Watch is launching its second edition in the United States, and after talking with both a company leader and esteemed lawyers on the list, the importance of this prestigious list is evident.

Best Lawyers: Ones to Watch in America 2022

Johnny Depp and Amber Heard: The Best Lawyers Honorees Behind the Litigation


by Gregory Sirico

Best Lawyers takes a look at the recognized legal talent representing Johnny Depp and Amber Heard in their ongoing defamation trial.

Lawyers for Johnny Depp and Amber Heard

Why Cariola Díez Pérez-Cotapos Developed Its Own Legal Tech


by Best Lawyers

Juan Pablo Matus of Cariola Díez Pérez-Cotapos, 2019 "Law Firm of the Year" award for Corporate and M&A Law in Chile, discusses his firm's joint venture with Cognitiva in creating Lexnova, a legal AI system.

Cariola Díez Pérez-Cotapos Interview

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

Announcing the 2022 "Best Law Firms" Rankings


by Best Lawyers

The 2022 “Best Law Firms” publication includes all “Law Firm of the Year” recipients, national and metro Tier 1 ranked firms and editorial from thought leaders in the legal industry.

The 2022 Best Law Firms Awards

Announcing the 2022 Best Lawyers in Canada™


by Best Lawyers

The results include an elite field of top lawyers listed in the 16th Edition of The Best Lawyers in Canada™ and 1st Edition of Best Lawyers: Ones to Watch in Canada.

Announcing the 2022 Best Lawyers in Canada™

Education by Trial: Cultivating Legal Expertise in the Courtroom


by Margo Pierce

The intricacies of complex lawsuits require extensive knowledge of the legal precedent. But they also demand a high level of skill in every discipline needed to succeed at trial, such as analyzing technical reports and deposing expert witnesses.

Cultivating Legal Expertise in the Courtroom

Announcing The Best Lawyers in France™ 2023


by Best Lawyers

The results include an elite field of top lawyers and firms from France.

Blue, white and red strips

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Caffeine Overload and DUI Tests


by Daniel Taylor

While it might come as a surprise, the over-consumption of caffeine could trigger a false positive on a breathalyzer test.

Can Caffeine Cause You to Fail DUI Test?

Announcing the 2022 Best Lawyers™ in Australia


by Best Lawyers

The results include an elite field of top lawyers and firms.

Announcing the 2022 Best Lawyers™ in Australi

Announcing The Best Lawyers in The United Kingdom™ 2023


by Best Lawyers

The results include an elite field of top lawyers and firms from the United Kingdom.

The Best Lawyers in The United Kingdom 2023

Georgia Laws Taking Effect in 2022


by Gregory Sirico

Three new pieces of Georgia legislation aim to improve medical bill transparency, lower the sales tax on vehicles and enact further safeguards to protect children in foster care.

New Georgia Laws Enacted in 2022