Parkchester Alliance v. Parkchester Apts. Co

In Parkchester Alliance v. Parkchester Apts. Co. (180 Misc 2d 548 [Civ Ct, Bronx County 1999]), approximately 30 tenants from the huge Parkchester condominium complex sought, inter alia, a court order to correct prospective violations of the plumbing system. No outstanding violations existed, and the dollar value for replacement was estimated at $ 200 million. Although continual leaks, flooding, interruption of water service, damp walls, and disruption of electrical service had occurred in the past, and plumbing problems would likely recur, the court declined to award the tenants with preemptive relief on the ground that: "While it is true that replacement of the entire plumbing system has been piecemeal, as a stopgap measure, when pipes burst at different times, in different locations, and no doubt will continue to do so, the court believes that it is constrained by statute to limit its relief to the correction of violations as they arise, as opposed to ordering the wholesale replacement of the entire plumbing system for each of the respective buildings where the petitioner tenants reside." (Parkchester Alliance v. Parkchester Apts. Co., 180 Misc 2d at 552 .)