Bridge delay claim denied

Tutor Perini sought §22,941,971.68 for a two-year delay caused by a court injunction. In 2013, Tutor Perini Corporation entered into a $102 million contract with the Department of Transportation to replace the City Island Road bridge that spans Eastchester Bay between the Bronx and City Island. A state court injunction delayed the construction of the bridge for two years and forced the redesigning of the bridge.


Housing development on Pier 5 allowed

The City authorized Pier 5 on the Harlan River to be development for housing. The City acquired Pier 5 on the Harlem Riven, a 4.4 acre parcel of land in The Bronx, in 2006 during the $60 million renovation of Yankee Stadium and transferred control of the land to the Parks Department. Pier 5 is bounded on the north by Mill Pond Park, on the east by the Major Deegan Expressway, on the south by … <Read More>



No Notice Required for Pothole Injury

Police officers were injured when their car struck a pothole that had been repaired by the City. On September 7, 2011, at about 12:40 a.m., while on patrol, two New York City police officers sustained personal injuries when their vehicle’s tire fell into a roadway hole located in the northbound lane of Saint Nicholas Avenue between 124th Street and 125th Street. 


Trees: Tort Liability For Injuries Involving Trees

Trees under the common law were considered natural conditions with the result that possessors of land were not liable for injuries caused trees. Professor William Prosser wrote in the first edition of the hornbook on Torts (1941) that the traditional common law rule was that the possessor of land was under no affirmative duty to make safe dangerous conditions on the land that were natural in origin. Prosser went on to say, however, that there … <Read More>


How Small is Too Small: the Trivial Doctrine in New York Law

How small is too small when it comes to trip hazards on New York City sidewalks? New York courts, grappling with this issue for over 125 years, have declined to advance a standard based solely on the size or dimensions of the defect or hazard and instead have opted to evaluate each slip, trip and fall case on the merits under a totality of the circumstances test. The result is that it is difficult for … <Read More>