Owner Must Repair Landmark Building

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The New York Sun

A Manhattan judge has ordered the owner of the Skidmore House, a historic landmark in the East Village, to repair and restore the 159-year-old building and to keep it in good condition.


State Supreme Court Justice Walter Tolub, in an unprecedented ruling, said the owner of the house, which is at 37 E. Fourth St., near Lafayette Street, had let it fall into a “dismal state of disrepair.”


The judge’s decision, made public yesterday, said work requested by the city’s Landmarks Preservation Commission was needed to stabilize the house and restore it to a state of “good repair.”


City lawyer Paula Van Meter, who represented the commission, said the agency tried unsuccessfully for nearly 10 years to persuade the owner to restore the house.


She said the commission went to court as a last resort, accusing the owner, 10-12 Cooper Square Inc., of “demolition by neglect.”


The commission alleged that the owner of the unused house, which was designated a landmark in 1970, had let it deteriorate so much that the architectural points that made it a historic landmark were at risk of being lost.


The 3 1/2-story Greek Revival-style house, built in 1845 and first owned by businessman Samuel Tredwell Skidmore, was described by the commission as an “unusually impressive” example of a residence characteristic of that East Village neighborhood in the mid-19th century and worthy of preservation.


The agency said a report in May showed that plaster was falling from the walls, that the ceiling had collapsed, that the walls, floors, and a staircase had suffered extensive water damage, and that the public area was strewn with garbage.


Cooper Square lawyer David Rosenberg argued that the house was never officially designated a landmark, that the building was in good repair, and that the commission’s definition of “good repair” is unreasonable.


The judge disagreed on all points, saying that the house was an official landmark and that “the repairs undertaken by the defendants have been simply inadequate to maintain the landmark in the state of repair (that it was) at the time of its landmark designation.”


He ordered the owner to give commission agents access to all parts of the house to decide what is necessary. He said what repairs were required and whether they were done adequately would be determined by the landmarks commission.


His decision marked the first time that the owner of a landmark was required by court order to keep the structure in “good repair,” Ms. Van Meter said.


The ruling will help the city’s efforts to maintain other landmark properties, she said.


The New York Sun

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