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Updated 10 months ago, 03/13/2024

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11
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Shared wall liability question.

Posted

Hi All,
I have a weirdly specific legal question and I hope someone out there can help.

I own a 2 story building in NYC. My building shares a common wall with a neighboring property. However, the neighboring building is about 20 feet longer than my building so there are about 20 feet where the building next door extends past my building.

The building next to me is a vacant, bank-owned property that the DOB has declared an unsafe building due to a roof collapse in the back. Exposure to the elements is causing the back end of its exterior wall to bulge and will most likely collapse. My building, being 20 feet shorter than the vacant building, is not affected by the failing wall. But according to New York City Law, (NYC Administrative Code §28-301.1) I share responsibility for the maintenance of the wall.

Is there any legal way to protect myself from being held liable for the failing wall as I would consider the situation entirely due to the negligence of the bank-owned property?

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