Land developer’s construction of building encroached upon neighbors’ land. Britton Property, Inc., a developer, constructed a new six-story residential building located on Britton Avenue, in Elmhurst Queens. Britton installed 17 steel I-beams, a roof cap, and a brick façade that physically encroached on surrounding properties and the properties’ airspace. Britton’s architectural plans provided for the beams to be installed temporarily on the surrounding properties, but Britton failed to remove them.
Search Results for: Trespass
City Announces $4.2 Million Won in Settlement of Three Lawsuits Against Landlord
On October 26, 2023, Mayor Eric Adams announced that the city has now won around $4.2 million in three lawsuits against Daniel Ohebshalom, a/k/a Daniel Shalom, and his affiliates. This week, the Mayor’s Office of Special Enforcement (OSE) won $1.1 million in payments of penalties and fines from a settlement agreement. The city had sued Ohebshalom alleging that he was engaging in tenant harassment and illegal short-term rentals in three buildings in Midtown and Hell’s … <Read More>
City defeats adverse possession claim
Trucking company fenced in and used City land that had been mapped as a City street. On July 27, 1967, the City condemned a parcel of land owned by the Filomio family and located at 3870 Boston Road in the Bronx. The City condemned the parcel, referred to as Damage Parcel 43, in order to complete a road expansion project. The family did not object to the taking and was compensated by the City. … <Read More>
Subway Trains, Injuries, Tort Claims and Defenses
Early tort law was heavily weighted towards injuries that involved train accidents. Here in the New York City metropolitan region with its huge dependence on rail transport, the older typical nineteenth century tort claims and defenses continue for injuries caused by subways, commuter lines and train equipment.
Oil Corporations Defeat City’s Claim
The City sued major oil companies for flood damage and climate change costs. On January 8, 2018, The City of New York filed a related lawsuit in federal court against BP, Chevron, ConocoPhillips, Exxon Mobile Corporation, and Royal Dutch Shell, PC, the five largest fossil fuel producers in the world. The City alleged that the oil companies downplayed the risks of climate change and promoted the use of fossil fuels despite environmental risks. The City … <Read More>
First of Series of Hearings on Backlogged Items to be Held on Thursday, October 8
Items originally proposed for designation in recent years often faced significant opposition. The Landmarks Preservation Commission will begin the process of addressing the 95 items calendared for potential designation before 2010, but that have never been brought before the Commission for a final vote. Landmarks will hold public hearings on groupings of the items at special Thursday meetings on October 8, October 22, November 5, and November 12 of 2015. The groups, which will consist … <Read More>