Mayor Adams and Corporation Counsel Hinds-Radix Announce Lawsuit Against Property Owners and Contractors Who Damaged Firehouse in Elmhurst Queens

May 10, 2022

City seeks to recover more than $23 million because of defendants’ negligence during excavation and other pre-construction work on adjacent sites; caused extensive cracks to firehouse walls, undermining the building’s structural integrity

Mayor Adams and Corporation Counsel Hinds-Radix today announced that the City has filed a lawsuit to recover more than $23 million from property owners and their contractors who caused serious damage to an Elmhurst firehouse while preparing adjacent sites for construction.

The lawsuit, filed in State Supreme Court in Queens, alleges that the defendants — 133-24 Realty Inc., 86-55 Grand Realty Inc., Master Works Contractor Inc., Yan Architect & Planner PLLC, and All State 12 General Contracting Corp., — breached a licensing agreement with FDNY, violated the City’s Building Code, and were negligent during excavation and other pre-construction work on two Queens Boulevard sites abutting the Elmhurst firehouse on Grand Ave. Damages to the firehouse include extensive cracks to the structural walls of the building undermining the building’s structural integrity; even though the lots have been backfilled per Department of Building orders, the cracks continue to grow. Two companies and a battalion are still operating out of the site, but they have been forced to park firetrucks behind fencing on nearby streets since April 2021 due to potentially unsafe conditions.

Defendants have failed to address the issues despite requests from the City.

“Our City’s bravest deserve a firehouse free from unsafe conditions and unnecessary damage,” said New York City Mayor Eric Adams. “No one is above the law, and I support Corporation Counsel Hinds-Radix for bringing this suit on behalf of the City to recover millions of dollars on behalf of all New Yorkers.”

“Taxpayers should not have to bear the burden for defendants’ negligence and violations of law,” said Corporation Counsel Hinds-Radix. “We are determined to hold these owners and their contractors responsible. They should pay for the costs the City has incurred to address the dangerous conditions and get this firehouse fully repaired.”

“The extensive damage caused by the defendants’ negligent excavation and construction has robbed the Firefighters of Engine 287, Ladder 136, and Battalion 46 of their home, and taken a vital facility from the community they bravely serve,” said Acting Fire Commissioner Laura Kavanagh. “Despite this unfair burden placed on our members by the defendants reckless and dangerous actions, these fire companies will continue to respond to every call for help that comes their way and protect the residents of Queens.”

“The contractors and owners at this site had a responsibility to safeguard the neighboring properties during excavation,” said Buildings Commissioner Eric Ulrich. “The failure to perform this work properly has caused severe structural damage to City property, and they must be held accountable. I applaud the Law Department for filing this lawsuit, which sends a strong message that negligence on a construction site has serious consequences.”

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