How Small is Too Small: the Trivial Doctrine in New York Law

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 … <Read More>


Scooters, Hoverboards, and Bicycles; What’s Legal?

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 … <Read More>


New York’s Constitutional Convention Vote: Hit or Stand?

In 2017, along with voting for mayor, council members, and other elected officials, the voters of New York will be asked to answer “Yes “or “No” to this question:  “Shall there be a convention to revise the constitution and amend the same?” Every twenty years, the New York State constitution requires that the voters of the State be given the option to call a constitutional convention for revising and amending the New York State constitution … <Read More>


CityLaw: Three Policy Questions for Nonprofit Property Tax Exemptions

A long-standing feature of American tax policy is the exemption granted to nonprofit organizations, the largest of which is the exemption from local property taxes. The exemption, with origins back to the 18th century, is widespread. Among the 50 states, 17 state constitutions mandate property tax exemptions for charitable organizations, 25 authorize the legislature to give exemptions, and eight do not address the issue. New York State establishes two classes of exemptions for nonprofits:  … <Read More>


The Williams: Single Room Occupancy Housing Rights in New York City

The City of New York experienced a massive influx of unmarried immigrants prior to World War II. For many of these men and women, hotel-style accommodations were more convenient and affordable than rental apartments. Such units generally did not include kitchens, but some included bathrooms. Many City newcomers preferred the old-world comforts of a communal kitchen.

For many New Yorkers without the physical or socio-economic resources necessary to maintain their own homes, single-room occupancy accommodations … <Read More>