A discount store at the Mall at Cross County in Yonkers is suing the landlord for $5 million for allegedly refusing to repair a roof that collapsed.
The rooftop parking deck collapsed on Jan. 11 as a contractor was using a heavy Bobcat machine on an area restricted to 4,500 pounds. The Bobcat fell about 30 feet into the store, injuring five people.
NSC Wholesale Holdings of West Hempstead, owner of the National Wholesale Liquidators store, last month sued AAC Cross County Mall in Westchester Supreme Court. The lawsuit also names the parent company, Ashkenazy Acquisition Corp. and founder Ben Ashkenazy.
They did not respond to requests for comment.
NSC operates several warehouse-style wholesale stores in the Northeast that sell a variety of housewares, appliances, automotive supplies and other products. The Yonkers store was the flagship, according to the lawsuit.
The store was sealed off and condemned as unsafe.
NSC claims that AAC had ignored structural problems for years and that the rooftop work was being done without a permit.
The lease requires the landlord to repair damaged property within a year, NSC says, but AAC has taken no meaningful steps to start work.
NSC Wholesale Holdings stated in the suit that AAC could realize more profit by not honoring the lease.
“Refusal to honor their leasehold obligations is part of a nefarious campaign to harass NSC,” the lawsuit states, “so as to drive it out of the property.”
NSC Wholesale Holdings accuses the landlord of breach of lease, constructive eviction, breach of contract, fraud and negligence.
It is demanding that AAC restore the building so that it can reopen the business. It is asking for at least $5 million to compensate for lost revenue, profits and inventory.