NYC 9/11 Public Portal Document
111. In view of the public emergency resulting from this threat of imminent
collapse, defendant City of New York expended funds on an emergency basis to demolish and
make safe the subject premises pursuant to New York City Administrative Code § 26-243(b).‘*
112. In expending such funds, defendant City of New York has borne a duty to
the public that in law, equity, and fairness, ought to have been borne by the plaintiff. Plaintiff,
who was the actual wrongdoer, had a duty which included its obligations as prescribed by New
York City Administrative Code §§ 26-235 and 27-127 to maintain its property and safeguard the
public and public property.
113. Plaintiff must therefore make restitution to defendant City of New York
for the cost of demolition of the subject premises.
114. In addition, plaintiff must indemnify defendants City of New York for the
cost of demolishing the building at the subject premises.
115. Plaintiff has failed to pay the cost and expense incurred by defendant City
of New York in demolishing and making safe the subject premises. As a result of City of New
York’s efforts, plaintiff has been unjustly enriched in that it did not expend its own funds to
secure and make safe the property that received the benefits of such action bestowed upon them.
116. Under principles of equity, plaintiff is liable to defendant City of New
York for benefits received in the amounts expended by defendant.
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Reference herein is to the New York City Building Code in effect at the time of the demolition.
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