Legal Question in Construction Law in New York

I own a fruit/vegetable/grocery shop in NYC. Since last October, there has been construction right in front of my store. As a result, since then, there has been a severe decrease in foot traffic and the store's visibility had been affected. The construction is still ongoing, and my business continues to suffer. The construction team isn't keeping good on their deadline promises and there is no one within the company who has any answers. The area around my store isn't as fenced up as it was last month but there is still major construction going on there and my business has been going downhill ever since.

Is it realistic for me to file a lawsuit and get compensated for the estimated amount of economic losses and damages due to the effects from the construction? If so, what will be required from me to proceed?

Your reply would be highly appreciated.


Asked on 3/04/10, 11:44 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Yes, it is realistic, but such litigation is expensive and should not be undertaken unless your damages are easily established. I have previously seen this type of action in the context of construction projects, but what comes to mind is an action by an adjacent residential building to a Manhattan construction project, where the property was damaged by vibration etc. They had to retain experts to establish their damages, and did so.

I would be interested in discussing this matter further with you, if you wish. (516) 864 6835, [email protected].

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Answered on 3/09/10, 3:41 pm


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