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    Property owner held in civil contempt

    Civil Contempt  •  Staten Island

    119 Ramapo Avenue, the damaged property. Image Credit: Google Maps

    Property owner blocked neighbor’s contractors from completing agreed repairs. In 2005, Mauro Palladino, without permits from the Department of Buildings, installed a pool, a fence, and a wall in the backyard of his Staten Island home. Palladino’s construction caused stormwater to flood the neighboring backyard of a home owned by Nicola Mezzacappa.  In 2008, Mezzacappa, sued Palladino for the damage to Mezzacappa’s property. The neighbors settled the lawsuit in 2011.  As part of the settlement, Palladino agreed to undertake the necessary remedial work and Mezzacappa agreed to provide Palladino and his contractors reasonable access to his property. Palladino had four to six months from the settlement to get Buildings Department approvals, and four to six months to complete the work. (read more…)

    Tags : CityLaw, civil contempt, property damage
    Date:01/15/2021
    Category : CityLaw
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    Trial set for dispute over fire escape

    Fire Escapes  •  Cobble Hill, Brooklyn

    Center building at 338 Atlantic Avenue. Image Credit: Google Maps

    Adjacent owner demanded that next-door neighbor remove fire escape that overhung the adjacent owner’s property. Clover M. Barrett owned a five-story mixed-use building, constructed in 1902, located at 338 Atlantic Avenue in Brooklyn. Barrett’s property had a fire escape dating from the original 1902 construction that hung three feet and five inches over a neighbor’s property located at 319-325 Pacific Street. The fire escape gave Barrett’s second through fifth floor tenants and building occupants the ability to escape or seek refuge on Pacific Street in the event of a fire. The neighboring property was originally a parking lot, but had recently been developed into townhouses. On October 15, 2014, the neighbor wrote Barrett a letter demanding that Barrett remove the fire escape. (read more…)

    Tags : Buildings, CityLaw, easements, fire escapes
    Date:01/14/2021
    Category : CityLaw
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    Housing development on Pier 5 allowed

    Parkland  •  Pier 5, Bronx

    Pier 5. Image Credit: Google Maps

    The City authorized Pier 5 on the Harlan River to be development for housing. The City acquired Pier 5 on the Harlem Riven, a 4.4 acre parcel of land in The Bronx, in 2006 during the $60 million renovation of Yankee Stadium and transferred control of the land to the Parks Department. Pier 5 is bounded on the north by Mill Pond Park, on the east by the Major Deegan Expressway, on the south by 149th Street. Parks fenced off Pier 5 and kept it closed for a most of the following ten years. Parks occasionally rented the land to private companies to host carnivals and small events. Between June 2013 and August 2014 Parks allowed the Bronx Council for Environment Quality to collect air quality data and to conduct environmental experiments on Pier 5. The Council permitted members of the public to come on the land for educational and research purposes. Ultimately Parks allowed the Department of Transportation to use Pier 5 for equipment storage. (read more…)

    Tags : CityLaw, housing construction, Parkland, Piers
    Date:01/09/2021
    Category : CityLaw
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    Enforcement of sex shop rules halted

    Zoning  •  Citywide

    Adult entertainment businesses continue their decades-long fight against zoning rules that restrict business locations. In the latest installment in the City’s efforts to restrict adult entertainment establishments, a federal court enjoined enforcement of the City’s zoning resolution. This is the latest court action in a series of actions that began in 1994. (read more…)

    Tags : adult entertainment shops, CityLaw, zoning
    Date:01/07/2021
    Category : CityLaw
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    Revocation of license upheld

    License Revocation

    Licensed plumber violated numerous rules when completing plumbing work. William Harvey held a master plumber license and a master fire suppression license. The Following an investigation the Department of Buildings moved to revoke Harvey’s master plumber and his fire suppression piping contractor licenses. (read more…)

    Tags : CityLaw, license revocation, plumber
    Date:12/31/2020
    Category : CityLaw
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    City defeats highway injury claim

    Torts  •  Henry Hudson Parkway, Manhattan

    Exit for 96th Street on Henry Hudson Parkway near where accident occurred. Image Credit: Google Maps

    Driver was left paralyzed after collision with a guardrail on Henry Hudson Parkway. Benjamin Yannick worked as a server at the Ritz Carlton Hotel in Manhattan. On October 27, 2003, after working from 3:30pm to 11:00pm, Yannick drove home to the Bronx on the Henry Hudson Parkway. Yannick lost control of his vehicle at approximately 12:50 a.m. near the intersection of 96th Street. Yannick veered from the middle lane of traffic to the left, crashed into the concrete median, then crossed diagonally across traffic to the right and collided with a guardrail. Yannick suffered a burst fracture at T-9 and was rendered paralyzed. (read more…)

    Tags : car accident, CityLaw, guardrails, Torts
    Date:12/30/2020
    Category : CityLaw
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