Michael R. Fleishman won a major victory on behalf of a building owner in Brooklyn whose property was damaged by a neighbor’s construction. In Pfeffer v. 170 North 5th Street Associates, LLC et al., the defendants — a neighbor and his contractor and subcontractor — performed negligent excavation work on the foundation of its building. As a result, Mr. Pfeffer’s adjoining building shifted, causing extensive structural damage.
In a lengthy decision, the Court granted Goetz Fitzpatrick’s summary judgment motion on liability as a result of the defendants’ negligent construction. Mr. Pfeffer will now proceed to an inquest on damages to determine the amount of money owed by the defendants for their wrongful actions.