FDNY’s actions established duty

Williamsburg warehouse burned to the ground just minutes after FDNY left the scene. A Williamsburg warehouse owned by Recall Corporation and located on the Brooklyn waterfront at 5 North 11th Street burned to the ground in the early hours of the morning on January 31, 2015. The New York City Fire Department had responded to a fire alarm at approximately 4:36 a.m. and found a fire ablaze on storage shelves inside the warehouse. The FDNY, … <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>


Shake Shack keeps sidewalk cafe

Shake Shack sued landlord to keep popular sidewalk café after landlord failed to re-approve permit. Downtown Brooklyn’s Shake Shack opened in 2010 at 409 Fulton Street. Shake Shack leased the location for a 20-year term with two 5-year renewal options from landlord Allied Property Group. In February 2011, Allied executed the required landowners’ consent to allow Shake Shack to obtain a Department of Consumer Affairs permit to operate a sidewalk cafe adjacent to the restaurant. … <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>



Emergency Order Upheld

Department of Buildings placed commercial building in program that forces the owner to immediately fix code violations. Rada Corporation is the owner of a commercial building located on Remsen Avenue in Brooklyn. In May 2016, the New York City Department of Buildings issued a violation against the property, noting brick and cracked mortar joints. Buildings determined that due to the severity of the violations, an immediate emergency declaration was warranted. After the owner of the … <Read More>