Real estate developer Neil Bender’s William Gottlieb Real Estate has filed another lawsuit against Kingston, this time accusing the city of negligence and breach of contract over the maintenance of the “Pike Plan” canopies on North Front and Wall Streets. The lawsuit, filed in State Supreme Court, seeks damages for water and ice damage to properties caused by the city’s failure to repair the canopies. The suit claims Kingston’s neglect has led to ongoing damage and alleges gross negligence. A court ruling in Bender’s favor could mean taxpayer money would be used to pay for repairs or settlements on the multimillionaire’s properties.
This legal action follows another lawsuit that prompted the state Appeals Court to halt the city’s $1.2 million plan to demolish the canopies, with a hearing scheduled for August. The city was criticized for not upholding its responsibility to maintain the canopies, as outlined in 1970s agreements. Despite the ongoing lawsuits, Kingston plans to proceed with the demolition of the shoddily-constructed structures later this year.
The city has successfully defended against many of Bender’s lawsuits before, and Corporation Counsel Barbara Graves-Poller has indicated they will fight this one as well.