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Shaya Boymelgreen

Shaya Boymelgreen is among the most active developers in New York City.  Currently his companies are managing five projects in Manhattan, nine in Brooklyn, and two in Queens (1).  However, Boymelgreen's development history in New York City is rife with unsafe conditions, shoddy construction and delayed work.  

Boymelgreen's developments are plagued by a variety of construction problems, including delays and poor craftsmanship. His employees are underpaid and work in unsafe conditions.  At his construction sites, Boymelgreen's poor development practices not only endanger his workers, but also the surrounding community.  His company's previous negligence caused physical harm and economic losses to the surrounding community.  

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About Shaya Boymelgreen:

Shaya Boymelgreen is a global real estate developer.  His domestic companies have projects across the United States (New York City, Miami, and Las Vegas) and in Canada (1).  During the summer of 2006, Boymelgreen bought the controlling share of Israeli-based Azorim Investment Development and Construction Company (2).   Beyond Israel, Azorim has real estate projects in England, Eastern Europe, and, India (3, 4).

Boymelgreen's ventures outside of real estate include founding Eichler's, the "world's largest Judaic store," a diamond company, oil exploration in Turkey, and the creation of his own bank - LibertyPointe in downtown Manhattan (4, 5).

 

Alleged Unfair and Unjust Labor Practices:


Underpaid workers.  Construction workers at Boymelgreen's projects earn $10 an hour, a fraction of prevailing wage (7).

Unpaid overtime.  Two-hundred construction workers filed a class action lawsuit against Boymelgreen for failing to pay three years of overtime wages.  The New York Attorney General is investigation the claim. (7, 8)

Racial and gender discrimination.  After being forced out of their jobs Boymelgreen's only black office employees filed a lawsuit under the Civil Rights Act of 1964.  The lawsuit against Boymelgreen Development claims Israel Vraneski, head of Boymelgreen's Human Resources, and Altina Klapija, an accountant, perpetrated acts of race and gender discrimination ranging from assault to harassment. (9).

  

Unsafe Construction:


Construction accident, wall collapse.  Niulka Almazar and her infant son settled a negligence lawsuit with Boymelgreen and his associates for a total of $2,000,000 after a backhoe accidentally demolished a wall and buried the pedestrians at City View Gardens, in Brooklyn.  After witnesses and rescue workers unburied the mother and child, both were hospitalized as critical patients (10, 11).

Construction accident, wall collapse.  In August 2006 at 75 Smith Street, a Boymelgreen development, another wall accidentally collapsed.  This time no bystanders were hurt (7).

Continued public hazard.  Boymelgreen's constructions projects are a continued public hazard.  Boymelgreen has violations with the Department of Buildings  for failing to safeguard adjacent or public property (DOB) at:

  • 23 Wall Street (Manhattan) (12)
  • 60 Spring Street (Manhattan) (13)
  • Park Slope Tower (343 4th Avenue, Brooklyn) (14)
  • Beacon Towers (85 Adams Street, Brooklyn) (15)
  • The Smith (75 Smith Street, Brooklyn) (16).

Alleged falling construction debris.  Two separate lawsuits were filed against Boymelgreen's development at 60 Spring Street and another at Atlantic Court (295 Atlantic Avenue, Brooklyn) for the continual, unsafe management of construction debris.

  • According to one complaint, "during the course of the construction project, debris, including chunks of concrete, bricks, dirt, construction hardhats, drink bottles, and various other objects and construction materials" fell on adjacent properties, including the building roofs (17).
  • The disruption at neighboring 23 Cleveland Place was allegedly so great, tenets felt unsafe and many vacated the property (17).

  • Boymelgreen and his associates eventually settled the dispute with one neighboring building by paying $37,500 in damages (17).

  • Dirt and other construction debris continued to allegedly fall into the garden of Le Jardin Bistro, a restaurant neighboring 60 Spring Street, months after Boymelgreen's company promised construction would be complete.  This was a danger to restaurant workers and patrons.  The legal complaint asserted falling debris damaged the garden, including the vineyard and supporting frames (18).

  • Construction debris from Boymelgreen's Atlantic Court project was allegedly dumped onto the roof of 305 Atlantic Avenue, damaging the rain removal scuppers and drains and causing interior water damage.  Building owner Adam Realty Corporation is suing for $1,000,000 in damages (19).

Alleged faulty and dangerous excavation.  At three separate locations, Boymelgreen's company's excavation practices have either been cited unsafe or allegedly damaged the buildings on adjacent properties.

  • Failure to shore, support, brace or buttress the foundation during the 4-story excavation of Atlantic Court damaged the foundation of 305 Atlantic Avenue.  Building owner Adam Realty sued for $3,000,000 in damages (19).
  • Excavation work at Boymelgreen's City View Gardens (305 - 313 Third Street, Brooklyn) allegedly caused over $500,000 worth of damage to the adjoining property owned by Park Slope Management, LLC (20).
  • Boymelgreen paid $1,000 in fines for failing to protect the sides of an excavation at Beacons Towers (85 Adams Street, Brooklyn) (21).

Alleged failure to maintain safe work environment.  Boymelgreen's projects have been cited as dangerously under-maintained and a hazard to his workers and other people on the premises.

  • Thomas Hogan is a New York City firefighter who responded to Boymelgreen's 60 Spring Street project after a welder accidentally started a fire.  He fell down during the course of his duty and his injuries were exacerbated  the construction debris that cluttered a stairwell (22).

  • At two of Boymelgreen's Brooklyn projects, Park Slope Tower (343 Fourth Avenue) and Coney on the Park (346 Coney Island Avenue) the New York City Department of Buildings has issued fines for poor housekeeping and hazardous building maintenance (23, 24).

Consumer Complaints and Alleged Shoddy Construction


Dissatisfied condo owners.  The Attorney General mediated a settlement between Boymelgreen and the owners of his Park Slope Estates, after the condo board filed complaints about water leaks and other construction problems (7).

Shoddy work.  An engineering report compiled by Ismael Levya Architect, PC explains that brickwork was flaking and cracked at 60 Spring Street, a Manhattan Boymelgreen project. (25).

Shoddy work.  Poor roof construction at 318 Albany Avenue in Brooklyn allegedly resulted in leaks and $60,132.27 of water damage to drywall, custom cabinetry, and Brazilian walnut flooring (26).

Shoddy work.  The wrong air-conditioning systems were installed in three Boymelgreen projects in Brooklyn. (7).

Dissatisfied condo owners.  An informal survey of condo owners who purchased their homes from Boymelgreen found that:

  • 75% suffered water damage in their apartments
  • 58% complained windows were improperly installed or sealed
  • 58% responded floors were improperly laid
  • 50% complained about inadequate sound insulation
  • 50% experienced problems with their original appliances (27).

 
 

Construction Delays


Delayed store opening.  Parasuco, a designer clothing store, postponed its flagship store opening at Boymelgreen's 60 Spring Street because of alleged construction delays. Parasuco is now suing for alleged damages (25).

Costly delayed closing.  After months of delays on her closing cost Migdalia Reyes tens of thousands of dollars, she successfully sued for the return of her $84,500 deposit on a condo in Boymelgreen's 84 Front Street development (28).

Failure to secure easement.  At 57 Front Street, Boymelgreen's failure to secure an easement with a neighboring developer resulted in construction delays that kept some condo buyers waiting over a year for their closing.  Boymelgreen was forced to return deposits to eight condo buyers (29).

Idle investment.  After failing to make any progress for three years with the renovation of a Civil War era warehouse known as Empire Stores into a Chelsea Market-like shopping mall as part of a greater redevelopment of the waterfront under the Brooklyn Bridge, the Empire State Development Corporation took the project away from Boymelgreen (30).

 

 


Sources:

1. www.levievboymelgreen.com
2. Shuster, Uri.  "Boymelgreen purchase of Azorim finalized."  Globes.  September 5, 2006.
3. Google Financial: Azorim Summery.  
4. Rai, Nayantara.  "Omaxe plans to raise Rs 1500 crore via IPO."  Business Standard. December 11, 2006.
5. "Turning rough diamonds into crown jewels."  Real Estate Weekly.  March 3, 2004.
6. www.LibertyPointeBank.com
7. Cohen, Ariella.  "Developer on the Ropes."  Brooklyn Paper.  August 26, 2006.
8. Maurice A. Lloyd v. Boymelgreen Developers, Inc. et al.  Filed February 14, 2006.
9. Altovise Collier and Melissa Thermidor v. Boymelgreen Developers.  Filed October 5, 2006.  
10. Feuer, Alan.  "Wall Collapses on Mother and Son in Brooklyn."  New York Times.  August 23, 2001.
11. Almazar, Nulka v. City View Gardens, LLC. Filed June 7, 2002.
12. DOB violation at 23 Wall Street
13. DOB violation at 60 Spring Street
14. DOB violation at 343 4th Avenue
15. DOB violation at 85 Adams Street
16. DOB violation at 75 Smith Street
17. 23 Cleveland Place Corp. et al. v. Alisa Construction et al.  Settled June 1, 2006.
18. PMG restaurant v. Boymelgreen Developers.  Filed April 28, 2004.
19. Adam Realty Corp v. AI Boymelgreen Developers et al.  Filed October 20, 2006.
20. Park Slope Management v. City View Gardens et al. Filed August 5, 2005.
21. DOB violation at 85 Adams Street
22. Hogan, Thomas v 60 Spring Street.  Filed 3/11/2004.
23. DOB violation at 362 Coney Island Avenue
24. DOB violation at 343 4th Avenue
25. Parasuco v. 60 Spring St. Filed July 27, 2006.
26. Hanover Insurance Co. et al v. Boymelgreen Developers et al.  Filed July 24, 2006.
27. Informal written interviews conducted by the Laborers' Eastern Region Organizing Fund.  
28. Migdalia Reyes v. Leviev-Boymelgreen.  Filed July 17, 2006
29. Neuman, William.  "Rival Rumble in Dumbo ."  New York Times.  January 22, 2006.
30. Cohen, Ariella.  "Empire warehouses could be home to concert hall ."  Brooklyn Paper.  December 2, 2006.