Landlord sought to evict disabled man who had set two fires in his apartment. Jose Reyes, who received social security disability benefits related to his mental illness, lived in a Section 8 housing building owned by 529 West 29th LLC. Reyes set two fires in the building within a period of three months. Reyes set the first fire in his bathtub where he had placed documents and personal papers because he was experiencing extreme … <Read More>
CityLaw
Parks’ Rules on Vending Upheld
Parks’ rules limited where vendors of expressive material could sell their wares in City parks. The Parks Department adopted “Expressive Matter Vending Rules” which restricted the sale of “materials or objects with expressive content, such as newspapers, books, or writings, or visual art such as paintings, prints, photography, or sculpture.” The new rules limited the sale of expressive materials to 100 specifically designated spots in Union Square Park, Battery Park, High Line Park, and Central … <Read More>
Flower Shop Fined for Obstruction
A flower shop in the Flower District obstructed a sidewalk with its plants. Holiday Flower & Plant shop, located on 118 West 28th Street, Manhattan, placed some of its plants outside the storefront with the intent of moving the plants inside after the store closed. The plants obstructed more than eight feet of sidewalk and reached the curb. An NYPD officer issued a summon to the flower shop for violating § 19-136 of the … <Read More>
Water and Sewer Fees Bill Upheld
Church claimed full exemption from water and sewer charges. The Bethelite Community Church, located in Harlem, owed $1 million in back water and sewer bills. The Church insisted that its building, as a place of public worship, was exempt from water and sewer fees. The Church applied for full exemption including residences within the property incidental to the exempt uses of the property. The Church reasoned these residences were used by the church administrator and … <Read More>
Building Code Order Upheld
City placed apartment building in program that forces owners to correct severe code violations. In February 2015, Trump Presidential Inc. purchased a three-story apartment building located in St. Albans, Queens. Trump filed a property registration form with New York City Department of Housing Preservation and Development. A few months later, HPD selected the property for participation in the Alternative Enforcement Program. The program identifies the most distressed dwellings in the City and requires the owners … <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.