A Pelham child daycare center claims that the architect who designed the facility did not comply with building and fire codes.
Anna & Jack’s Treehouse accused KTM Architect PLLC, Mamaroneck, of malpractice and negligence, in a complaint filed April 13 in Westchester Supreme Court. It is demanding more than $1 million for alleged damages.
Incorrect drawings reduced the number of children Treehouse could serve, according to the complaint, and caused great financial harm while the problems were fixed.
KTM’s owner, Kimberly Tutera Martelli, did not respond to an email asking for her side of the story.
Treehouse was founded by Rob and Christina Rubicco and was named after their first two children. Initially, it  operated in the basement of their New Rochelle home near Long Island Sound. Later, according to their website, they opened daycare centers in downtown New Rochelle and Norwalk, Connecticut.
Treehouse hired KTM in 2020 to design and coordinate construction of a daycare center in the old Sanborn Map building at 629 Fifth Ave., Pelham. The plan was to build ten classrooms and offices to accommodate 86 children and 22 staff members.
But when the state Office of Children and Family Services inspected the space last year it granted a license for only 80 children.
Treehouse hired Somerville, New Jersey architect Mark Harris Berman to investigate design discrepancies and recommend remedial measures.
Berman reported that four classrooms meant for infants and toddlers had insufficient space for sleeping and circulation.
The dimensions, he concluded, “do not comply with state or fire codes, resulting in the inability of the facility to function with the intended number of occupants.”
The reduced capacity decreased Treehouse’s profits, according to the complaint, and disrupted the business plan of having children progress through each age group, from 6 weeks to 5 years.
Berman recommended two options. Treehouse could operate with the restricted capacity but lose revenue continuously. Or it could rebuild and incur more construction costs, lose income while the center was closed and risk losing current customers.
Treehouse chose to have Berman redesign the classrooms to increase capacity to the original plan for 86 children.
The work cost about $323,000, according to the complaint, and another $702,000 in lost revenue and continuing expenses during the eight weeks the daycare was closed.
Treehouse accused KTM of breach of contract and malpractice, and is demanding $1,024,935.
Treehouse is represented by Newark, New Jersey attorney Michael F. McKenna.
