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>
Search Results for: Manhattan
Parks’ Rules on Vending Upheld
Parks’ rules limited where vendors of expressive material could sell their wares in City parks. The Parks Department adopted “Expressive Matter Vending Rules” which restricted the sale of “materials or objects with expressive content, such as newspapers, books, or writings, or visual art such as paintings, prints, photography, or sculpture.” The new rules limited the sale of expressive materials to 100 specifically designated spots in Union Square Park, Battery Park, High Line Park, and Central … <Read More>
Flower Shop Fined for Obstruction
A flower shop in the Flower District obstructed a sidewalk with its plants. Holiday Flower & Plant shop, located on 118 West 28th Street, Manhattan, placed some of its plants outside the storefront with the intent of moving the plants inside after the store closed. The plants obstructed more than eight feet of sidewalk and reached the curb. An NYPD officer issued a summon to the flower shop for violating § 19-136 of the … <Read More>
Subway Trains, Injuries, Tort Claims and Defenses
Early tort law was heavily weighted towards injuries that involved train accidents. Here in the New York City metropolitan region with its huge dependence on rail transport, the older typical nineteenth century tort claims and defenses continue for injuries caused by subways, commuter lines and train equipment.
Realty Trust Must Pay Higher Tax Rate
City Tax Appeals Tribunal determined transfer was not eligible for special reduced rate. One Park Avenue Mezz Partners LLC, a subsidiary of industry giant Vornado Realty Trust, held a 100 percent equity interest in a commercial building located at One Park Avenue in Manhattan. In March 2011, while looking to refinance the building, Vornado had that equity interest transferred in full to two new subsidiary real estate investment trusts. The compensation was roughly $5.6 million … <Read More>
City Ejects Houseboat from Marina
Owner lived year-round in houseboat moored in Flushing marina which offers only seasonal permits. In 1996 George Anton purchased a medium-sized, 1971-vintage motorboat. At the time, the boat lacked an engine and was docked at the World’s Fair Marina, located in Flushing Bay. Anton and his wife converted the motorboat into a houseboat and made it their permanent home.