Two dentists affected by the One57 crane collapse appear to be the first business owners to take their beef with the builders to court.
Barry Musikant and Caroline Stern, who each operate a dental practice on the same block as the under-construction luxury tower, filed a proposed class action in Manhattan Federal Court on Friday, the New York Daily News reported. The dentists are seeking to represent more than 100 business owners and residents impacted by the incident, and to recover at least $5 million – the minimum amount of damages necessary to file a class action.
The suit names developer Extell Development, construction manager Lend Lease and crane operator Pinnacle Industries as defendants.
Now secured by private and city engineers, the crane collapsed on Oct. 29, under pressure from storm winds gusting up to 100 miles per hour. The surrounding area was evacuated until almost a week later, and observers predicted that nearby businesses would file lawsuits seeking redress for lost profits, as The Real Deal reported.
Along with losing business income during the evacuation period, Musikant and Stern claim that “the delay in reopening plaintiffs’ businesses subjected plaintiffs to the loss of goodwill and reputation, thereby devaluing the worth of their businesses,” the lawsuit said.
Musikant’s dental practice treats emergency clients and, according to the lawsuit, has not closed in 30 years of operation. Additionally, he had to leave his home on West 57th Street as a result of the incident, the lawsuit says.
The Daily News could not reach the defendants for comment. [NYDN]—Leigh Kamping-Carder