Prior Notice Claim Advances

Pedestrian injured on a defect in the sidewalk owned by the City. Pedestrian Luis Sanchez was injured when he tripped and fell on a defect in the sidewalk located on Westchester Avenue between St. Ann’s Avenue and Brook Avenue in the Bronx. Sanchez sued the City. The City, citing the generality of the mark on a Big Apple Map, moved to dismiss the complaint for lack of prior notice.


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.


Cracked windowsill summons voided

City issued summons for hazardous cracked windowsill on sixth floor of building. On March 26, 2019, a Department of Buildings officer observed a cracked exterior windowsill on the sixth floor of a building owned by Aspen Companies on Sedgwick Avenue in the Bronx. The officer testified that if water were to enter the crack and freeze, a piece of the windowsill would break off, fall six stories, and injure a pedestrian below. Buildings issued Aspen … <Read More>


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>



Cigar Seller Fined $2,000, Loses License

161 Stationery Inc., a prior violator, sold a single cigar for a price below City-required minimum. On October 21, 2017, Awad Ahmad, N., an employee of 161 Stationery Inc., located at 90 East 161st Street in the Bronx, was on the phone and helping other customers when an inspector from the Department of Consumer Affairs entered the store. The inspector placed $2.00 on the counter to purchase a cigar, and Awad Ahmad, N. sold … <Read More>