Ross Sandler

More and more tort cases involve bike riders. Three recent cases demonstrate that injured bike riders may have difficulty in court.

CityLaw reported a case, 19 CityLaw 100 (2013), involving a bike rider in Fort Washington Park who encountered Sanitation workers cleaning graffiti. The workers had coned off the area, and the biker, to avoid the cones, rode onto the grass where he fell and broke several teeth. The Appellate Division dismissed his claim against the City. The actions by the Sanitation workers were part of a discretionary governmental function and were, therefore, immune from liability. This is an established judicial precedent for traffic applied to a bike rider. (read more…)

Ross Sandler

Ed Koch celebrated his 88th birthday at a party/reunion held at Gracie Mansion on December 12, 2012. He is, as he says, still relevant. Ed Koch broadcasts his current opinions in regular blogs, movie reviews, political broadsides and letters. But if you really want to know Ed Koch, read his first two books, Mayor and Politics. Koch wrote Mayor shortly after losing his 1982 run for Governor against Mario Cuomo. Politics followed one year later. The two books present New York City politics with unforgettable characters, raw and revealing stories of politicians entertainingly told, and an insider’s view of a city experiencing a decline in population, a rise in crime, a city budget in crisis and a political establishment still expecting to whack up the municipal pie. Koch reveled in detailing these demands and, of course, his dominance over them.

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Ross Sandler

Every four hours around the clock, beginning Tuesday, October 30, 2012, workers from every part of Consolidated Edison’s territory reported to senior management on the status, needs and plans to restore service to Con Edison customers. The reports came in to Con Edison’s Emergency Response Center set up in the nineteenth floor auditorium at Con Edison’s headquarters at 4 Irving Place.

The first reports were sketchy assessments: what was happening and where. As the storm receded, the terrible numbers started to come in. Midland Beach in Staten Island and Gerritsen Beach in Brooklyn were devastated. A storm surge knocked out the East River steam plant, caused an explosion at Manhattan’s 13th Street transmission station, and flooded office towers on Water Street. Trees downed wires all over Westchester County, blocking roads and preventing crews from getting through. Brighton Beach was flooded. Con Edison’s Manhattan workout locations were under water, but Con Edison’s vehicles were safe; Con Edison had removed them to the high ground of Union Square 24 hours before the storm hit.

There was steady, intense professionalism in the Emergency Response Center as the reports kept arriving. A Con Edison worker returning home from a twelve hour shift was robbed at gun point. A mutual aid crew working on a 13,000 volt overhead line failed to follow safety rules; they were sent home to North Carolina. Site safety became a concern, so Con Edison sent trained office workers to downed wire sites in the field. A gasoline shortage threatened to prevent workers from getting to work sites; tankers of gasoline were ordered. A work camp sleeping mutual aid crews was set up at Citi Field in Queens. A hush came over the Response Center when a dog was reported to have been electrocuted by a downed wire.

Eleven days after the storm, the video display in the Response Center charted a constant increase in restorations of power. Con Edison crews had restored electricity to 1,012,316 of the 1,054,972 customers blacked out by Sandy and the following Northeaster.

The extraordinary professionalism, preparation and dedication shown by Con Edison’s executives and by the 14,000 workers in the field were reflected in the successful restoration work. Later there will be investigations and reviews of performance as there should be. In the meantime, as this is written, the hard, house-by-house restoration work continues in the field.

Ross Sandler

Ross Sandler

The Consolidated Edison lockout began on July 1, 2012. Despite summer heat and record electric demand, Con Edison’s supervisors and auxiliaries kept the City functioning. Computers operated, elevators carried people up and down, lights stayed on, and offices remained cool. Compared to the impact of the three-day transit strike of 2005, the City functioned without a hitch. Both management and the union deserve credit. Striking is one thing; stopping the flow of electricity, gas and steam to New York City is quite another.

Pension costs were behind the lockout. Pension expenses for Con Edison have risen tenfold. In 2006 pension costs were $76 million; in 2012 pension costs rose to $741 million. Con Edison needed the Utility Workers Union, Local 1-2, to accept a new pension plan for future new hires. Con Edison had already switched its managers to the new pension plan. Given the fierce emotions over pensions, Con Edison had to plan for a strike. The risk for Con Edison was fumbling a sudden handoff from 8,000 regular workers to 5,000 managers and auxiliary workers who would be deployed on short notice.

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