Subway trains at the Spring Street station twice struck passengers lying on the tracks on separate occasions. How fast should subway trains be moving when they enter a station? The faster the subway trains go, the more people the trains can carry and the quicker people will get to their destinations. Even a slowdown of a few seconds per train can slow the entire system. Speed is so important to the mission of the Transit Authority that the Transit Authority has committed billions of dollars to upgrades which will allow for increases in train speed and carrying capacity. On the other hand, safety is also a paramount priority, and as speeds increase so do stopping distances. (more…)

Credit: CityLaw

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 to use reasonable care for his or her own safety, to keep a reasonably vigilant lookout for vehicles, and to avoid placing himself or herself in a dangerous position.” (more…)

Welcome to CityLand‘s sixth 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 2017. Our 2017 coverage was highlighted by articles concerning the approval of construction safety training for construction workers, proposals for the creation of more affordable housing, neighborhood rezonings, the protection of landmarks, and a guide on tort liability for injuries involving trees. We at CityLand are excited to continue providing in-depth coverage of the latest land use projects, cases, and legislation in 2018 and look forward to seeing what the year will bring. Thank you for all of your support and have a happy new year! (more…)

Image credit: CityLaw

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 “were indications of the development of a different rule as to urban land.”  Today, after many developments in the law of negligence and nuisance, coupled with statutory enactments and changes in the law of immunity, there are significant liability risks to the City for injuries caused by trees. (more…)

From Left to Right: Paul Selver, Jerold Kayden, Meenakshi Srinivasan, Kent Barwick. Image Credit: LPC

Speakers spoke of the different priorities of City government and other stakeholders, examined preservation strategies of municipalities nationwide, and considered changes in the legal landscape that could affect landmarking. On October 26, 2015, , Meenakshi Srinivasan, Chair of the Landmarks Preservation Commission, and Jerold Kayden, Professor at the Harvard University Graduate School of Design, co-hosted an event titled “History in the Making: The New York City Landmarks Law at 50.” The event held at the New York City Bar Association consisted of multiple addresses and panels intended to provoke and challenge common assumptions and perceptions regarding historic preservation as the City’s landmarks law enters the second half of its first century. (more…)