Brooklyn Collapse Developer Had History of Ignoring City Orders, Records Show

a deep urban construction excavation site bordered by an older, weathered brick apartment building, featuring exposed earth, temporary metal shoring, and saggin

AI-generated illustration; not a photograph of the reported event.

Developer's Track Record Scrutinized After Brooklyn Building Collapse

The developer of the property adjacent to the fatal Brooklyn building collapse, Robert Fischman, had a history of disregarding orders from the New York City Department of Buildings, according to city records. This revelation comes amid ongoing investigations into the tragic incident that claimed at least eight lives and injured many more, including several children.

Advance Notice Sent Prior to Excavation

In June, Fischman, via a letter, notified neighboring landlords of upcoming excavation work at the vacant lot at 2625 Bedford Ave., where his company planned to construct a new apartment building. The letter listed the number for Berkoff Supply, Fischman's industrial hardware business in Brooklyn. However, attempts to reach Fischman following the collapse were unsuccessful, with calls either disconnected or redirected.

Department of Buildings Issued Stop Work Orders

According to city Department of Buildings spokesperson Andrew Rudansky, Fischman’s project team had already received and subsequently violated orders before sending the excavation notice. In March, contractors were issued a stop work order during demolition of an existing structure after failing to install required safety features, such as netting and sheds. One month later, inspectors found demolition work continued in violation of the order, resulting in additional penalties.

Fatal Collapse and Ongoing Rescue Efforts

Five months after the initial excavation notification, tragedy struck when one of the neighboring apartment buildings at 1321 Flatbush Ave. collapsed into the adjacent construction pit. Rescue workers continued efforts into Thursday morning in search of survivors, as the death toll stood at eight. On the day of the incident, many children were present due to a public school holiday for Veterans Day.

Compliance and Construction Plans

The lot at 2625 Bedford Ave. is owned by a limited liability company associated with Fischman and Judy Swimer. Property records confirm Swimer’s involvement, but attempts to reach her were not successful. Initial plans filed in December outlined a three-story building, which were later revised in September to a nine-story structure. However, as of the collapse, the Department of Buildings had not approved the new plans, although a permit was in place for excavation work.

Structural plans, prepared by Jeiming Wang of LMW Engineering Group, required extensive excavation precautions, including the installation of steel, timber, and concrete shoring, use of seismic monitors, and installation of crack gauges to detect movement in neighboring buildings. Oversight by a special inspector was mandated, along with regular reporting. It remains unclear if all mandated precautions were followed, as the Department of Buildings continues its investigation. Neither Wang nor the special inspector, MD Islam of RI Consulting Services, responded to inquiries.

Contractors and Additional Site Concerns

Townhouse Builders, managed by Mordchai Waisbrod, was contracted to carry out shoring work, per a city-issued permit. Both Waisbrod and his company did not respond to requests for comment regarding their role in the project.

The collapsed apartment at 1321 Flatbush Ave., managed by a different owner, Olufemi Falade, had a history of serious maintenance violations. City inspectors cited the property numerous times for unsafe electrical wiring, insufficient water supply to the sprinkler system, lack of smoke detectors, water outages, and bed bug infestations, with 98 open housing code violations logged prior to the collapse. Falade also has a record of previous violations and served jail time in 2006 for unrelated building infractions. The property has repeatedly appeared in city tax lien sales since 2017 due to outstanding municipal debts. Attempts to contact Falade were unsuccessful.

Ongoing Investigation

Investigators continue to determine the precise cause of the collapse and the extent to which required construction safety measures and shoring requirements were implemented at the site. The incident has drawn attention to the enforcement of building safety regulations and the compliance histories of both the developer and the affected neighboring property owner.