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Home Construction

Noisy renovation drives White Plains law firm to sue City Square landlord

Bill Heltzel by Bill Heltzel
September 26, 2020
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A White Plains law firm is demanding that its landlord stop renovating a City Square office building during business hours.

Welby, Brady & Greenblatt is also demanding $750,000 from MG RMC Martine Upper Floors LLC, in a complaint filed Sept. 16 in Westchester Supreme Court.

“WBG has been forced to pay rent for a first-class property fit to serve as a law office,” the lawsuit states, “and yet has not been provided with such a property.”

GDC
Rendering of the proposed retail space at City Square. View is from corner of Main Street and Lexington Avenue.

WBG has rented offices at 11 Martine Ave., the former Westchester Financial Center, since 1996.

MG RMC ”“ a partnership of Robert Martin Co. of Elmsford and Ginsburg Development Cos. of Valhalla ”“ bought the 14-story office building, and a 15-story building next door, for a reported $83 million in 2018.

Robert Martin Co. no longer has any interest in that property. Ginsburg Development Cos. bought out RMC”™s interest in October 2018.

Renovations began last year to convert some of the offices to residences. WBG claims that the construction is interfering with meetings, depositions, arbitrations and other legal activities.

Drilling, hammering, banging, sawing and chopping are continually heard during working hours, according to the complaint. Chemical odors permeate the premises. Elevators have malfunctioned. Debris impedes access. Restrooms and parking areas have flooded. Water, cooling and ventilation services have been interrupted. Parking has been inaccessible.

The law firm accuses its landlord of breach of lease, nuisance, and breach of the covenant of quiet enjoyment of the premises. It is demanding that construction be banned from 7:30 a.m. to 7:30 p.m., Mondays through Fridays, and that it be paid $750,000.

WBG is represented by firm partner Anthony P. Carlucci Jr.

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