Deli displayed e-cigarette products after City served summons. On May 6, 2019, during a routine inspection, an officer from the Department of Consumer Affairs* served a summons charging violations of City electronic cigarette laws on Tottenville Gourmet Deli & Smoke Shop located at 7507 Amboy Road, Staten Island. The officer saw e-cigarette products on display in a glass case with prices. The Deli did not have a license as an Electronic Cigarette Retail Dealer.
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Council Passes Legislation to Protect Not-For-Profits from Tax Lien Sales
Council backs not-for-profit sector with new legislation. On March 29, 2020, Local Law 42 of 2020 was adopted by the City without the Mayor signing it following unanimous City Council approval. Local Law 42 was originally introduced as Int. No 245-of 2018 by Council Member Antonio Reynoso and was later amended twice. The new law creates an exemption for City tax lien sales of properties owned by not-for-profit organizations. The law also creates a not-for-profit … <Read More>
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>
Coronavirus Puts Halt to Land Use Review Process
The executive order freezes land use applications so public meetings do not need to occur. On March 16, 2020, Mayor Bill de Blasio signed Emergency Executive Order #100, which laid out several steps of the City’s response to the coronavirus outbreak. In the interest of limiting public gatherings to reduce the spread of the coronavirus, Emergency Executive Order #100 freezes land use applications that have a timed review or vote requirement. This includes applications within … <Read More>
Court Orders DOB to Revoke Permit and Compel Owner to Remove Floors in Upper West Side Condominium Development
Advocates applaud decision while developers find decision deeply flawed. On February 15, 2020, the Committee for Environmentally Sound Development and the Municipal Art Society of New York, won an Article 78 case regarding the construction of a 668 foot, 52-story condominium building located at 200 Amsterdam Avenue on the Upper West Side of Manhattan. New York County Supreme Court Justice W. Franc Perry’s ruling requires the Department of Buildings to revoke the building permit … <Read More>