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Question Over Liability Holds Up City Housing Court Case

Pictured is the former Crawford Furniture Manufacturing plant on Allen Street in Jamestown. P-J photo by Eric Tichy

What had appeared to be a step toward a resolution earlier this spring regarding the former Crawford Furniture property in Jamestown will take a bit more time getting into motion.

Judge George Panebianco on Friday adjourned matters in city Housing Court between the city and Allen Street Development LLC. The corporation owns 1061 Allen St., which had accumulated numerous code violations before a large fire tore through the complex last November.

In late April, Daryl Brautigam, the attorney representing Allen Street Development, indicated to Panebianco that the LLC was willing to plead guilty to the violations, allowing the case that has faced numerous adjournments to finally move forward.

Brautigam was in court Friday with Richard Rusiniak, who the city has tied to the LLC and wish to make liable for costs incurred since the blaze. Also present in court was Elliot Raimondo, city corporation counsel; Crystal Surdyk, city director of development; and three members of the Jamestown Fire Department, including Matt Coon, deputy chief.

During their appearance in April, Panebianco asked Brautigam and Raimondo to submit briefs to the court regarding liability.

Raimondo submitted voluminous documents that included legal arguments that the judge said will take some time to “digest.” Panebianco also wants to give both sides the opportunity to respond to the other’s findings.

Speaking to the judge, Raimondo said his brief was more specific toward Rusiniak and the question of personal liability rather than Allen Street Development.

Brautigam said Allen Street Development would not enter any plea until the “absurd charge” regarding Rusiniak being personally liable is dismissed. “There’s no deal until that foolishness against him personally gets taken care of and dismissed,” he said.

Panebianco said the issue of “personal responsibility versus corporate responsibility” should be addressed. He adjourned court to Friday, June 30, to take up the issue.

After Friday’s court appearance, Rusiniak briefly spoke to Coon and later to reporters. He said the firefighters who responded to the Nov. 16 fire did an “awesome job” and deserved to be recognized.

Rusiniak noted the heap of negative attention he and his family have received over the property. He said the goal was always to “save” the complex by putting it to new use — possibly turning the main building into apartments — but faced several challenges, including numerous break-ins and thefts.

Rusiniak indicated he would be willing to comment further after the case has been resolved.

Two men accused of entering the former Crawford Furniture building the day the fire broke out were each arraigned on four-count indictments.

In May, 33-year-old Justin Myers of Jamestown and 37-year-old Robert Clark of Conewango Valley separately pleaded not guilty in Chautauqua County Court to charges of third-degree burglary, third-degree attempted grand larceny and two counts of fifth-degree conspiracy.

According to the indictment, Myers and Clark allegedly entered 1061 Allen St. unlawfully “on or about” Nov. 16, 2022, to steal a skid steer.

Meanwhile, city officials are hopeful the site can be redeveloped.

“It’s one of the very few potential sites that we have in the city that could actually be redeveloped at this point,” Surdyk said previously. “So, that’s certainly what we’re working toward.”

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