The Department of Buildings said it will grant Big Apple Testing an opportunity to discuss the rejection of its license renewal, following a ruling earlier this month by a New York State Supreme Court judge. New York Supreme Court Judge Alice Schlesinger ruled that the agency must grant the Whitestone, Queens-based firm a “face-to-face meeting” with a neutral representative who can determine whether the firm should get its license renewed. DOB officials said they previously denied the license because Big Apple Testing continued working after the license expired in September 2008. They also said the firm failed to provide a two-year review as required by its Cement and Concrete Reference Laboratory and for other reasons. … [more]
Posts Tagged ‘stuart klein’
As construction and concrete testing companies and their executives increasingly come under fire in the city, one concrete testing company has received a bit of good news. A State Supreme Court judge ordered the city Department of Buildings to grant a hearing to a Whitestone-based concrete testing company that was denied one after applying to renew its license to operate in New York. The firm, Big Apple Testing, filed suit in January after DOB refused to reinstate its license, claiming the firm previously continued to operate after its license had expired Sept. 15, 2008.
Judge Alice Schlesinger denied a request by the firm to have its license automatically reinstated, but said DOB must give the firm an opportunity to present its case in a face-to-face meeting. “I find that the allegations [against Big Apple], at least in part, appear to be of a rather technical nature and do not appear to smack of fraud or unsafe practices,” Schlesinger wrote in her March 1 opinion, released on March 4. “As was pointed out in the petition, BAT has been conducting business pursuant to a license renewal since 1992, a period of 17 years, apparently without event except for license renewals occasionally filed for [sic] late but always granted.” … [more]
The city’s Department of Buildings is facing litigation from concrete testing company Big Apple Testing, a Queens-based firm whose license renewal was denied last September amid a citywide crackdown on concrete testing standards.
Big Apple Testing filed a so-called Article 78 suit against the buildings department Monday, asking the court for an injunction that would reinstate its concrete testing license or compel the agency to hold a hearing on the case.
Stuart Klein, attorney for Big Apple Testing, said no legitimate reason was given for the license denial, and speculated that the buildings department is looking to secretly weed out certain firms to cover for a widening scandal about construction defects.
“They’re being cute,” Klein said. “They look for guys that are coming up for renewal and say, ‘we won’t renew your license.’ There appears to be no presentation of evidence and you’re effectively boxing against shadows.”
Court filings show that Big Apple had been licensed to test concrete for more than 18 years, involving thousands of sites per year. The firm has annual revenue of more than $900,000. Klein did not have specific details about previous projects the firm worked on. A formal hearing is scheduled for Jan. 20. … [more]