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    Search results for "Torts"

    Speed of Subway Trains Challenged

    CityLaw  •  Torts  •  Spring Street Station, Manhattan

    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…)

    Tags : CityLaw, MTA, subways, Torts
    Date: 11/29/2022
    (1) Comment

    Bicycle Riding and Injuries, Tort Claims and Defenses

    CityLaw  •  Torts  •  Citywide

    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…)

    Tags : Bicycles, Bike Safety, CityLaw, Torts
    Date: 04/01/2020
    (1) Comment

    CityLand’s Top Ten Stories of 2017

    Top Ten Stories  •  Center for New York City Law  •  Citywide

    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…)

    Tags : affordable housing, Airbnb, Boerum Hill, Brownsville, City Council, City Planning Commission, Construction Safety, East Harlem, East Midtown, East Midtown rezoning, Landmarks, Mandatory Inclusionary Housing, Ocean Hill, Tort Liability
    Date: 01/05/2018
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    Trees: Tort Liability For Injuries Involving Trees

    CityLaw  •  Cover Article
    tort liability

    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…)

    Tags : Department of Parks and Recreation, Department of Transportation, municipal liability, Tort Liability
    Date: 08/22/2017
    (1) Comment

    History in the Making: The New York City Landmarks Law at 50

    Landmarks Preservation Commission  •  NYC Landmark Law  •  Citywide
    From Left to Right: Paul Selver, Jerold Kayden, Meenakshi Srinivasan, Kent Barwick. Image Credit: LPC

    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…)

    Tags : Alicia Glen, Anne Van Ingen, Ellen Lipsey, Jerold Kayden, Kent Barwick, Marci Hamilton, Mark Silberman, Maurice Cox, Meenakshi Srinivasan, NYC City Bar Association, Paul Selver, Peter Byrne, Rick Cook, Two Trees Management, William Cook
    Date: 11/10/2015
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