Driver was left paralyzed after collision with a guardrail on Henry Hudson Parkway. Benjamin Yannick worked as a server at the Ritz Carlton Hotel in Manhattan. On October 27, 2003, after working from 3:30pm to 11:00pm, Yannick drove home to the Bronx on the Henry Hudson Parkway. Yannick lost control of his vehicle at approximately 12:50 a.m. near the intersection of 96th Street. Yannick veered from the middle lane of traffic to the left, crashed … <Read More>
Search Results for: Notice of Claim
City defeats claim based on falling sign
Pedestrian injured when bus stop sign fell from metal pole and struck him. On July 17, 2013, at around midnight, John T. Bunn was standing beside his parked car in front of 246 West Houston Street near a bus stop sign marked “W. Houston St & Varick St.” While standing at this location, the sign dislodged from its metal post, fell and struck Bunn in the head, causing him serious injuries.
Bridge delay claim denied
Tutor Perini sought §22,941,971.68 for a two-year delay caused by a court injunction. In 2013, Tutor Perini Corporation entered into a $102 million contract with the Department of Transportation to replace the City Island Road bridge that spans Eastchester Bay between the Bronx and City Island. A state court injunction delayed the construction of the bridge for two years and forced the redesigning of the bridge.
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>
Subcontractor’s Claim Against Prime Contractor Upheld
Prime contractor agreed to process subcontractor’s extra work claim, but failed to file a timely claim. The Department of Sanitation in 200 awarded a contract to Arnell Construction Corp. to build two new sanitation garages for Districts 1 and 4 located at 161 Varick Street in Brooklyn. Arnell then signed a $3 million subcontract with Rad & D’Aprile, Inc. to perform masonry work on the project.
Contractor denied additional payment
DEP required Jett Industries to clean channels at the Wards Island Wastewater Treatment Plant; Jett claimed that cleaning was extra work and sought an additional payment. Jett Industries, Inc. entered into an $116,969,000 contract with the Department of Environmental Protection to rehabilitate the settling system at the Wards Island Wastewater Treatment Plant. During the bidding process DEP, in response to bidders’ questions regarding the cleaning of tanks and channels, notified bidders that contractors were advised … <Read More>