A Brooklyn injury attorney says the same kind of legal fight she usually takes on for clients is now one she is facing.
Nicole Brenecki claims her landlord and the Bathhouse spa's building next door built a rooftop pool above her office, causing thousands of dollars in damage for the last three years.
Now she’s suing them both.
“If I had known that we were to endure one year of shaking and leaks and mold, then maybe I would have chosen a different office to move into and spend money on," said Brenecki.
Only months after signing a seven-year lease, construction of the rooftop pool for Bathhouse started right above her office, and turmoil followed.
“We were not able to have clients, have conversations,” said Brenecki. “A lot of court activity since COVID is still happening virtually, and very often the judges will not want to do the court proceeding because it was simply too loud.”
The disruptions went beyond noise.
“Our staff had migraines,” said Nicole Brenecki. “This entire winter my space was at 40 degrees. It was leaking. There was something in that water. It was brown. It was leaving stains.”
In the lawsuit, she claims, “what followed were months of violent shaking, falling debris, fire sparks, leaks, dust, mold, chemical odors, and noise so severe that Plaintiff could not conduct any necessary legal work.”
Brenecki says she’s spent at least $100,000 in ongoing repairs.
It's money she claims the landlord refuses to cover, which is why she’s taking the issue to court.
“It is a simple property damage claim that should have been handled by insurance,” said Brenecki. “So, what they're doing is not only amateur. It's unprofessional.”
Bathhouse spa is named in the lawsuit over issues she says the pool continues to cause.
The owner provided this statement: “We believe this is a landlord-tenant dispute concerning a large amount of rent that the plaintiff has failed to pay to the landlord. It is our understanding that this lawsuit is a response to an action that was commenced in the landlord-tenant court by the landlord to recover the unpaid rent. The landlord and a licensed general contractor did work to the roof, which was completed nearly a year ago. The work was carried out with a high degree of professionalism and was fully permitted and inspected. Jodre Brenecki LLP seemingly added Bathhouse to this claim solely for the media attention, as she is trying to strengthen her position with the landlord. We hope Jodre Brenecki and the landlord can resolve their dispute amicably.”
Brenecki admits she stopped paying rent, but says the money is being held in escrow.
News 12 also reached out to the landlord for comment, but when we identified ourselves, he hung up the phone.
“All I wanted was an apology and some compensation for the repairs,” said Brenecki. “Instead, I got an eviction warrant.”