Pedestrian injured on a defect in the sidewalk owned by the City. Pedestrian Luis Sanchez was injured when he tripped and fell on a defect in the sidewalk located on Westchester Avenue between St. Ann’s Avenue and Brook Avenue in the Bronx. Sanchez sued the City. The City, citing the generality of the mark on a Big Apple Map, moved to dismiss the complaint for lack of prior notice.
Search Results for: Notice of Claim
City Defeats Bike Rider’s Claim
On June 2, 2016, Peter Deutch was riding his bicycle North-bound on East Drive in Central Park, Manhattan. East Drive is a three-lane roadway in Central Park with the left lane reserved for pedestrians, the middle lane designated for cyclists, and the right lane for motor traffic. Deutch collided with a flatbed truck owned by Hellman Electric Corporation that was driving directly to his right in the motor traffic lane. Deutch fell under the truck’s … <Read More>
Contractor denied $2.5 million claim
Plumbing company claimed time extension due to delays. In May of 2012, the New York City School Construction Authority awarded BG National Plumbing & Heating Inc. a contract to perform accessibility and electrical upgrades for the New York City School Construction Authority. When it became evident that BG Plumbing could not meet the contractual deadline, BG Plumbing filed a notice of claim with the City alleging it was entitled to an extension because of certain … <Read More>
Advertising sign claim denied
Building owner challenged loss of advertising rights. In 1998, Astoria Landing purchased an existing four-story apartment building located in a residential zone at 24-59 32nd Street in Astoria, Queens. The building’s previous owner had obtained a permit to display commercial advertisements and begun to display advertisements in the 1940s. In 1961, the City adopted new zoning rules which banned the display of advertisements in residential areas. In 1981, the Department of Buildings erroneously renewed the … <Read More>
Contractor’s claim advances
School construction contractor sought extra compensation for change orders and delay caused by the School Construction Corporation. In July 2013, the Arnell Construction Company won a $42 million contract with the New York City School Construction Authority to construct a three-story school building and renovate the existing structure at Public School 106 in the Bronx. The contract required the work to be completed by April 12, 2016. During the course of the construction, Arnell, upon … <Read More>
Lead poisoning claim goes to trial
Parent of two and one-half-year-old child found with elevated lead levels sued landlord. On September 13, 2004, a two and one-half-year-old child was diagnosed with lead poisoning after a test revealed his blood lead level to be four times greater than the City’s guideline. The Department of Health and Mental Hygiene tested the child’s apartment located at 1727-29 Walton Avenue in the Bronx and discovered 47 positive findings of lead paint and 29 readings which … <Read More>