Bicycle Riding and Injuries, Tort Claims and Defenses

Bike riding is enjoyable, healthy and fun. It can also be dangerous. The City is heavily invested in encouraging bike riding and bike safety. Yet, accidents happen, and when they do bike riders may opt to sue. Bike riders receive no special status as tort plaintiffs. Bike riders in court live by the same rules that govern tort claims by pedestrians and car drivers. As New York courts have repeatedly stated, a “bicyclist is required … <Read More>



Autumn Has Arrived – Are We Responsible for Fallen Leaves?

How to collect your fall leaves and properly dispose of yard waste. Autumn has arrived, and with it, the annual plethora of fallen leaves in every shape, color and size. A New York City resident or commercial business owner is responsible for keeping sidewalk areas free from any obstruction that could impede pedestrian traffic. This begs the question, does such a requirement include a responsibility to rake, collect and set out fall foliage?


CityLand’s Top Ten Stories of 2016

ethics-headerWelcome to CityLand‘s fifth annual top ten stories of the year! We have selected a range of our most popular and prominent stories, and guest commentaries concerning New York City land use in 2016. Our fifth year as an online publication was marked by the fight to pass the Mayor’s Mandatory Inclusionary Housing plan, proposed reforms to the building code to prevent illegal home conversions, and capped by the passage of state laws prohibiting … <Read More>


BID’s liability goes to trial

Pedestrian injured in slip and fall on City-owned land under maintenance of the Business Improvement District. The City of New York owns a plaza located near 54-55 Myrtle Avenue in Queens. The plaza is a small park-like area and contains a winding sidewalk lined with trees and other landscape. The City contracted with the Myrtle Avenue Business Improvement District to maintain the plaza, including the maintenance of its sidewalk.


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>