New York Daily News

Charges in debris death

Slam owners of building where falling brick killed architect

- BY NOAH GOLDBERG

The city has brought criminal charges against the owners of the building where falling debris killed a prominent Manhattan architect in 2019.

Erica Tishman, 60, was killed on the morning of Dec. 17, 2019, when she was hit by a piece of the crumbling façade at 729 Seventh Ave. as she walked down the block near W. 49th St.

The owners of the 17-story office building were slapped with violations of the city’s administra­tive code Thursday for their role in the tragic incident, the Department of Buildings announced. The company that owned the building, 729 Acquisitio­n LLC, was charged with failing to maintain all parts of the structure in a safe condition and for neglecting to fix the damaged façade.

“Owning a building in our city comes with a straightfo­rward legal responsibi­lity to keep the property in a safe condition and make repairs when needed,” said Melanie La Rocca, the commission­er of the Department of Buildings. “Ignoring this responsibi­lity is completely unacceptab­le and will not be tolerated. Landlords should know that delaying required building maintenanc­e will lead to consequenc­es.”

The criminal case is brought by the city, not prosecutor­s, and is filed against the company, not specific individual­s.

The charges came a week after the two-year anniversar­y of Tishman’s death. She and her husband, Steven Tishman, the head of mergers and acquisitio­ns at the Houlihan Lokey firm, were prominent supporters of the Education Alliance, a Lower East

Side-based community outreach group.

The building had numerous outstandin­g violations when the deadly incident occurred, including an open violation from April 2019 for “failure to maintain building wall(s) or appurtenan­ces,” city records showed.

The owners of the building were instructed to install a sidewalk shed in front of the building and to fix the broken façade, but failed to do so in the eight months before Tishman, 60, was killed.

Patrick Muncie, a spokespers­on for 729 Acquisitio­n, said they will contest the charges.

“The building was in the process of remediatin­g the façade when the accident occurred,” he said.

Tishman’s family sued the city and 729 Acquisitio­n LLC over the incident in 2020. Lawyers for the Law Department claimed in a response to the suit that Tishman was liable for her own death because the city streets are known to be dangerous, so people on sidewalks should be prepared for the worst.

“Plaintiff(s) knew or should have known in the exercise of due/reasonable care of the risks and dangers incident to engaging in the activity alleged,” the city Law Department wrote in October 2020.

A lawyer for Tishman’s family praised the city for bringing the criminal case.

“It is enraging when real estate developers and big corporatio­ns in our city think they can get away with not making critical repairs simply because they do not want to pay the money,” said Benedict Morelli, who represents the family.

“They put New Yorkers at risk every day. We are glad that the city took a stand and pursued criminal charges, and we plan to make sure the building owners and managers are held fully accountabl­e.”

The civil lawsuit against the city and 729 Acquisitio­n LLC is still pending.

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 ?? ?? Erica Tishman (above) was killed two years ago by pieces of building at 729 Seventh Ave. in Manhattan that broke off, fell 15 stories and struck her. Below, cops at scene of the accident.
Erica Tishman (above) was killed two years ago by pieces of building at 729 Seventh Ave. in Manhattan that broke off, fell 15 stories and struck her. Below, cops at scene of the accident.

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