Image credit: Jeff Hopkins

How small is too small when it comes to trip hazards on New York City sidewalks? New York courts, grappling with this issue for over 125 years, have declined to advance a standard based solely on the size or dimensions of the defect or hazard and instead have opted to evaluate each slip, trip and fall case on the merits under a totality of the circumstances test. The result is that it is difficult for the City and private premises owners to win dismissal on trip and fall cases based on the triviality of the defect.

Under the common law, municipalities generally have the duty to keep their streets and sidewalks in a reasonably safe condition. To prove a breach of this duty, a plaintiff who tripped on a sidewalk trip hazard and was injured must prove that the municipality either caused the defective condition, or that a condition caused by natural occurrences or a third party existed for a sufficient amount of time that the municipality had constructive notice of and could have repaired the condition. Unless actual notice is established, latent defects will not impose liability if the municipality did not cause the defect. In addition, a plaintiff bringing a common law claim must show that the defect was not trivial. What constitutes “notice” and “trivial” in New York, however, has been subject an evolving standard over the past century. (read more…)

Ross Sandler

Nicholas Scoppetta, who passed away in March at age 83, represented the best in the City’s civic life. He often attended New York Law School events and was the featured speaker at a CityLaw Breakfast on September 12, 1997. At that time he headed the Administration for Children’s Services, and was deep in litigation with advocates for children who wanted the federal court to take over his agency. Mayor Rudolph W. Giuliani had appointed Scoppetta in January 1996 following the November 1995 death of six-year-old Elisa Izquierdo. Elisa had been beaten to death by her mother, but the City was faulted because the City’s Child Welfare Administration possessed evidence that Elisa was endangered, and had failed to place the little girl into protective custody. In the public furor Mayor Giuliani assumed personal responsibility for children’s services, ordered the agency to report directly to him and appointed Nicholas Scoppetta to head the new agency.

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Image credit: Jeff Hopkins

New Yorkers enjoy many new forms of transportation such as electric scooters, electric bicycles, hoverboards, skateboards, in-line skates, electric wheelchairs, and more. The laws governing these forms of transportation are confusing and mostly unenforced, if they are even enforceable. State laws and regulations on vehicle and roadway usage typically trump conflicting local laws, except in New York City, where the New York City Council has been given much authority to promulgate laws and regulations on the use of the City’s public roadways. (read more…)

Michele Coleman Mayes

Michele Mayes, a natural-born leader, has served a wide variety of institutions during her professional journey. Mayes was born in California and attended both college and law school at the University of Michigan. Her legal work experience included stints in the public sector, private sector, and today, at a non-profit. Mayes served as an Assistant U.S. Attorney both in Detroit, Michigan and Brooklyn, New York. Later in her career Mayes served as the executive vice president and general counsel at Allstate Corporation. She joined the New York Public Library in August 2012. (read more…)

Health and Hospital Corporation General Counsel Salvatore J.  Russo. Image credit: HHC

Salvatore J. Russo is the senior vice president, general counsel, secretary to the board of directors, and a corporate officer at the New York City Health and Hospitals Corporation. HHC is the public benefit corporation responsible for administering the City’s municipal health care system, which involves the operation of eleven acute-care hospitals, four long-term-care facilities, and six diagnostic treatment centers. HHC functions like a voluntary, not-for-profit hospital with an $8 billion budget and approximately 36,000 direct employees, including 5,000 doctors.

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