A White Plains dental practice is demanding at least $100,000 from its landlord for allegedly disrupting business during three years of renovations.
Broadway Dental Associates accused Empire South Broadway LLC of creating a nuisance, in a Nov. 3 complaint filed in Westchester Supreme Court.
“This case is about accountability,” the complaint states, and “the simple but fundamental principle that a landlord cannot neglect, endanger, and disrupt its tenant’s business for years and escape responsibility.”
Empire is a Stamford-based real estate management firm that paid $9.6 million for the 4-story building at 7-11 South Broadway, White Plains, in 2017. Once known as the 7-11 Building, it has since been renamed The Azure.
Broadway Dental is a general dentistry practice, led by Dr. Andrew Benjamin, that has leased a ground-floor space since 2012.
Empire began renovations and conversion of the building from primarily commercial to residential use in June 2022. According to Broadway Dental, the work has spanned three years and taken twice as long as expected.
The dental practice claims it was disrupted by pervasive noise during construction, as well as dust and asbestos, repeated flooding, bathroom closures, no access to the mailroom, noxious odors, restricted access for handicapped visitors, and squatters using parts of the building.
As of Nov. 3, the dental office has been without heat and central air conditioning for more than three years, the complaint states. “For a dental practice, this is not a matter of comfort but of professional necessity because dental adhesives and filling materials must be maintained at controlled room temperatures.”
The City of White Plains building department issued four citations for various construction violations, according to the complaint.
Broadway Dental says it fulfilled its obligations, paying more than $200,000 in rent and charges.
It is demanding at least $100,000 for alleged breach of contract, and monetary damages to be determined at trial for nuisance and breach of the covenant of quiet enjoyment.
Empire co-founder Anthony Kolich did not reply to an email asking for his responses to the allegations.
Broadway Dental is represented by White Plains attorneys Brian S. Cohen and Joanna Sandolo of the Lachtman Cohen & Belowich law firm.
