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Massena to wait on tearing down East Orvis Street building as owner heads to court in insurance battle

Posted 10/7/15

By ANDY GARDNER MASSENA -- After previously deciding to tear down a dilapidated house at 204 East Orvis St., the board decided to hold off until the property owner can have his day in court against …

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Massena to wait on tearing down East Orvis Street building as owner heads to court in insurance battle

Posted

By ANDY GARDNER

MASSENA -- After previously deciding to tear down a dilapidated house at 204 East Orvis St., the board decided to hold off until the property owner can have his day in court against his insurance company.

Christopher Tyler approach the board Tuesday to ask for a stay of demolition.

“One might ask if there’s 150 other vacant properties why I’m being singled out,” said Christopher Tyler, who owns the building. “Demolishing my house is wrong and may be discrimination.”

The board had decided to take down the structure over the summer after Village Attorney Matthew McArdle told lawmakers that Tyler had not responded to a nuisance abatement notice.

Tyler is suing New York Central Mutual in state supreme court. He alleges their payment of $30,000 following the building’s destruction in a 2012 fire is inadequate, and his policy should have allowed him $185,000.

“Estimate is $185,000 to rebuild that house, that’s not counting the contents plus they owe me some living expenses as well,” Tyler said. “I had a plane, I sold the plane to buy that property because I thought it was a good deal. I’ve got my retirement tied up in that property.”

Mayor Tim Currier noted the Fourth Judicial District will soon undergo a change in judgeship. Judge David Demarest is retiring and the office is up for election next month.

The new judge could push the case back on the docket, Currier said.

“Waiting five months or six months doesn’t seem reasonable,” the mayor said.

When the trustees spoke, they seemed to be willing to give Tyler a shot in court.

“I’d let it go another three to four months, as far as I’m concerned,” Trustee Albert “Herb” Deshaies said.

Currier told Tyler that since there was no motion on the table, the demolition would be postponed, but the trustees could still take action in the future.

When Tyler first spoke, he told the board they could better use the cost to demolish the house, $30,000, to help people addicted to heroin. Deshaies wasn’t happy with the remark.

“If the village has $30,000 to demolish my house, why not use it to help the kids hooked on heroin and maybe save a few lives,” Tyler said.

“Don’t tell us how we’re going to spend that $30,000 to demolish your house. We’re up here working,” Deshaies said at the close of the discussion.