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>


City Council Subcommittee Hears Testimony on Eviction Services for Disabled and Elderly Populations

If enacted, the bills would mandate the Department of Housing Preservation and Development to provide legal assistance information to susceptible tenants. On May 4, 2016, the City Council Subcommittee on Housing and Buildings held a public hearing on two bills introduced to ensure seniors and disabled persons facing eviction have access to information about the legal services available to help them. The bills would mandate the Department of Housing Preservation and Development to provide such … <Read More>


BSA Conditionally Approves Proposed Redevelop of Landmarked Theatre into Mixed-Use Residential and Commercial Building

The proposed redevelopment plan has been approved by Landmarks and has been modified slightly to comply with federal regulations, due to the site’s close proximity to LaGuardia Airport. On October 27, 2015, the Board of Standards and Appeals approved with conditions a request by Flushing Square, LLC., for a special permit to re-develop the RKO Keith’s Theatre, located at 135-35 Northern Boulevard in the downtown Flushing neighborhood of Queens, into a 16-story mixed use commercial … <Read More>


LES Explosion, Plumber Loses License

Master plumber who held the permits for the work in the buildings destroyed in an explosion found repeatedly negligent and submitted materially false documents to Buildings. Andrew Trombettas, a master plumber affiliated with S. K. Piping & Heating Corp., located at 2103 21st Avenue in Astoria, and Beta Plumbing & Heating Corp, located at 1201 Astoria Blvd in Astoria, has been issued approximately 400 plumbing permits. Following an explosion at a building for which Trombettas … <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>


Court Vacates BSA Denial of Advertising Sign Registration

Court ruled the signs were not under City jurisdiction.  On March 26, 2012 the Department of Buildings issued Notice of Sign Registration Rejection letters denying registration for twenty-one advertising signs owned by CBS Outdoor Inc.  The Department based its rejection on the signs being too close to an arterial highway, in violation of the City Zoning Resolution.  On January 29, 2013 the Board of Standards and Appeals upheld the rejection.  CBS Outdoor, joined by the … <Read More>