Coach bus collapse sparks three lawsuits, claims of $3 million in damages

The scene atop the Lake Success parking garage in June 2025 resembled something out of a movie: The back wheels of a coach bus had sunk into the concrete, tipping the rest of the bus upward on an angle, its front wheels suspended in air.

More than a year later, the bus is gone, but its impact on the property at 1979 Marcus Ave. has far from subsided.

North Hempstead Town is suing 1979 Marcus Partners LLC, the owner of the parking garage and 348,000-square-foot office building, for unpaid reimbursements as well as for violating town code.

It is the third lawsuit filed over the incident so far this year. The suits, from three plaintiffs, seek about $3.5 million in damages collectively from multiple defendants. 

The building is "closed to occupancy," according to North Hempstead spokesman Umberto Mignardi. The town's building department determined the building was “unsafe,” he said. Its beams, columns and staircases had suffered from "deterioration" according to a building department notice.

Several office spaces in the building are listed for rent by global real estate firm Newmark, but Brian Lee, executive managing director of Newmark's Long Island operation, said the firm is no longer listing the property.

"There's zero interest in a building you can't occupy," Lee said. "No tenants in the market will consider it." 

'No signs to direct traffic'

The first lawsuit was filed in January by the owner of the bus, M & V Limousine Ltd., of Commack. The company sued 1979 Marcus Partners LLC for claims including negligence and property damage and is seeking $3 million in damages.

Marcus Partners “knew or should have known of the dangerous condition of the roadway/driveway, yet failed to properly maintain, repair, or warn of the hazard,” Richard J. DaVolio, the bus owners' Sayville-based attorney, wrote in the complaint filed in Suffolk  state Supreme Court.

The operator of the bus had been "directed to drive along the said roadway and driveway and around the building," DaVolio wrote, noting there were "no signs to direct traffic nor prohibiting the weight of vehicles traveling over the roadway/driveway.” Then, the filing stated, "as the vehicle approached the directed pick-up spot, the roadway suddenly and without warning collapsed."

The bus was damaged and rendered unusable, according to the lawsuit.

Marcus Partners could not be reached for comment. The lawsuit also lists the CBRE Group, the former property manager, and The Birch Group as defendants. 

An attorney for the three entities denied the allegations in a June court filing and shifted the blame to the limousine company.

"The injuries or damages alleged to have been suffered by the Plaintiff were caused, in whole or part, by the conduct of Plaintiff," Edgar Matos, the Uniondale-based attorney representing the three defendants wrote in the response.

A CBRE spokesperson said the company "performed its responsibilities while serving as property manager at 1979 Marcus Ave."

"We believe M&V Limousine’s claims as they relate to CBRE are without merit and will contest them in the proper legal forum," the spokesperson said.

Construction company lawsuit

In May, the company that extracted the bus filed a lawsuit seeking more than $452,000 in damages. E&A Restoration Inc, of Woodbury, also installed hundreds of linear feet of security fencing, removed several trees, staged and set up a 120-ton crane, according to the suit filed in Nassau  state Supreme Court.

Marcus Partners had agreed to compensate E&A for the work, a rental fee to leave its equipment on site and the removal of the equipment and insurance, according to the company's complaint.

"No part of that amount has been paid,” Bruce R. Bekritsky, E&A’s Carle Place-based attorney, wrote in the complaint.

Bekritsky had listed Marcus Partners, CBRE and The Birch Group as defendants. 

Saul Ewing, CBRE's attorney, made a motion to dismiss the complaint in August, writing "CBRE only acted as a disclosed agent of 1979 Marcus. CBRE was never a principal in the transaction."

"We dispute E&A Restoration's claims against CBRE and have moved to dismiss them," the CBRE spokesperson said. "Because the matter is in active litigation, we will not comment further on this matter."

Representatives for The Birch Group did not respond to a request for comment.

Town lawsuit

The North Hempstead lawsuit seeks $14,347.72 in damages from 1979 Marcus Partners LLC.

Town Attorney Richard Nicolello said in an email the property owners failed to "conduct a structural evaluation to identify deterioration," as well as "safety hazards."

"This was part of the reason the Town retained its own engineer, the costs of which we are seeking to recover,"

Marcus Partners also violated town code, Deputy Town Attorney Matthew Livi wrote in the complaint, by failing to "secure" the property until it had been repaired or demolished. 

The town paid an engineering firm for $8,018.72 to inspect the property and a boarding company for $6,329 to add temporary fencing.

Marcus Partners has failed to reimburse the town for the services, totaling $14,347.72, according to the lawsuit.