Nicholaus building owners file claim against city

PHOTOGRAPHER: Marc Schultz

The owners of the Nicholaus building in downtown Schenectady have filed a claim against the city over damage done to the building.

The owners of the historic Nicholaus building filed a claim against the city seeking compensation for damages to its structure.

Viroj and Malinee Chompupong filed a notice of claim, a precursor to a lawsuit, against the city of Schenectady on June 3 saying that demolition and work next door caused the instability and damage to the Nicholaus building at 264 State St.

“The motion and impact from the vehicles that were conducting the demolition and caused the building to sustain damages,” Viroj Chompupong wrote in the claim.

An amount in damages was not listed in the claim. Chompupong did not retain an attorney in his claim against the city.

Chompupong, of Latham, speaks little English and could not be reached for comment. He purchased the building in 2004 for $201,000, according to county property records.

“The walls cracked, the floors cracked, the building began to lean,” the claim states. “The floors became unleveled and the structural integrity was compromised.”

Highbridge Development of Schenectady and Prime Companies of Cohoes are planning to build an apartment and retail building next door, called the Electric City Apartments.

Jackson Demolition tore down the former Olender Mattress building next to the Nicholaus building, along with the BiMor Army & Navy building and a red brick building, to make way for the development.

Last month subcontractor D.A. Collins of Wilton filed a lawsuit against Highbridge’s construction arm, Plank LLC, blaming the company for the destabilization and damage to Nicholaus.

D.A. Collins claims that Plank excavated below grade along State Street, the Olender building and the Nicholaus building and removed all masonry and foundation walls of Olender that were next to Nicholaus.

Plank’s attorney, Chris McDonald of Whiteman Osterman & Hanna in Albany, said the company disputes the claims and plans to possibly file a counter-lawsuit.

Chompupong’s claim comes after the owner of Thai Thai Bistro, the restaurant formerly located on the first floor of the building, also filed a claim against the city.

Piyamas Demasi filed a claim in April citing property damage, loss of business and personal injury.

On April 1 Demasi reported that the building was shaking, which caused cracking and separating of the walls, ceilings and floors. The city’s Building Department issued an order to vacate and it’s been empty since.

Thai Thai Bistro is relocating to 1,550 square feet of space at ShopRite Plaza in Niskayuna. Demasi plans to open the restaurant there in July or August. She said she is hoping to reopen at Nicholaus in the future as a second location.

The Schenectady County Metroplex Development Authority has retained Simpson Gumpertz & Heger, a New York City-based structural engineering company, to repair the building.

The company has been working on site and is planning repairs, according to Metroplex Chairman Ray Gillen.

It is unclear when repairs to the Nicholaus building, which was built in the 1800s, will begin. The project next door has been on hold since April 1. It’s also unclear when that work would resume.

Reach Gazette reporter Haley Viccaro at 395-3114, [email protected] or @HRViccaro on Twitter.