PARK SLOPE — Water leaks are damaging a luxury rental building on Fourth Avenue and the owners can't plug the deluge because the co-op next door won't cooperate, according to recently filed court papers.
The owners of 267 Sixth St. — a new high-rise that boasts a concierge service and $3,400 one-bedrooms — have asked a judge to issue a temporary order allowing contractors access to 270 Fifth St., the co-op building right next door.
The workers need to enter the neighboring property so they can fix a defective foundation at 267 Sixth St. that allows water to seep into the building, according to court papers filed by lawyers for the Naftali Group, which owns 267 Sixth St.
"A significant quantity of water has already leaked into the building, causing damage to an apartment and the building's below-grade areas," Naftali's lawyers said in the filing, adding that attached photographs showed "just a sample of some of the building's 'extensive water infiltration/damage.'"
Naftali acquired 267 Sixth St. in 2012 when it was a stalled construction site and finished the Karl Fischer-designed building in 2013.
It's one of several new high-rises that shot up on Fourth Avenue in the wake of a 2003 rezoning that allowed taller buildings. The result has been dubbed a "canyon of mediocrity" by critics for its lackluster architectural style.
Despite pricey apartments, several of the new buildings have had problems with construction defects. Residents at 500 Fourth Ave. were even ordered to stay off their balconies.
The owners of 267 Sixth St. discovered water seeping into the garage and basement in the spring of 2015, according to court documents.
They hired "building envelope consultants" to investigate and found that parts of the foundation weren't properly waterproofed, court documents say. The owners initially tried to figure out a way to repair the problem from inside 267 Sixth St., but that method wasn't viable, according to court papers.
To fix the problem, contractors need to access the edge of a parking lot at 270 Fifth St., which borders 267 Sixth St. Naftali was granted access to the area during the construction of 267 Sixth St., under an agreement signed in 2012. That deal allowed Naftali access to make any future repairs, according to the court filing.
After informing the property manager, Naftali sent contractors to access the 270 Fifth St. property in December 2015. The workers dug up some soil and a representative for 270 Fifth St. told them to halt their activities the next day. Lawyers for the co-op issued a "cease and desist" letter two days later and followed up with a list of demands, according to the court filing.
Naftali's attorneys said in court documents that the developer agreed to some of the demands, but drew the line at "unfounded" requests such as putting money in an escrow account to cover "potential damage and inconvenience" to a tenant of 270 Fifth St.
Naftali has already lost "tens of thousands of dollars" and needs immediate access "to stem the flow of water into the building," according to the filing.
Representatives for 270 Fifth St. declined to comment. The Naftali Group did not respond to requests for comment.