Vibration Damages Lawsuit To Be Tried

A building developed cracks in its foundation allegedly caused by pile driving associated with an adjacent construction project. Procida Construction Corp., a general contractor, undertook construction of a new building at 322 West 231st Street in the Bronx adjacent to Famous Formaggio Pizzeria’s building located at 300-318 West 231st Street. During pile driving an enlarged crack appeared in the foundation of Famous Formaggio’s building. Procida halted the pile driving and established a stability … <Read More>


Tort claim against HPD advances

HPD performed an emergency excavation without giving owner time to comply. The Trustee of a family Trust hired three workers to excavate soil on the Trust’s Brooklyn property to fix an emergency condition at 146 Wilson Street, Brooklyn. The three workers were trapped when the excavation collapsed. The City Department of Buildings issued a full stop order to the Trustee for excavations without a permit. The Housing Preservation & Development Department then advised the Trustee … <Read More>


Eric Garner’s death: No Justice, No Peace

Three years have passed since Eric Garner’s choking death at the hands of police officer Daniel Pantaleo, and the episode remains unresolved. The grand jury’s secrecy and its decision not to indict anyone, along with Comptroller Scott Stringer’s unusually swift civil settlement with the Garner Family, have left the public with insufficient answers and a sense that justice has been denied. Civil rights organizations and governmental investigators have made additional attempts to obtain information, but … <Read More>


City not liable for tree root injury

Man tripped on a sidewalk that was raised because of growing tree roots. On March 5, 2017, Konstantinos Gallis tripped and fell on a raised part of a sidewalk adjacent to 23-21 33rd Road, Queens. Tree roots had raised the sidewalk and allegedly caused the trip.


City not liable for injury by tree root

Man tripped on a sidewalk that was raised because of growing tree roots. On March 5, 2017, Konstantinos Gallis tripped and fell on a raised part of a sidewalk adjacent to 23-21 33 Road, Queens. Tree roots had raised the sidewalk and allegedly caused the trip.


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>