146 Wilson Street, Brooklyn. Image Credit: Google Maps
HPD performed an emergency excavation without giving owner time to comply. The Trustee of a family Trust hired three workers to excavate soil on the Trust’s Brooklyn property to fix an emergency condition at 146 Wilson Street, Brooklyn. The three workers were trapped when the excavation collapsed. The City Department of Buildings issued a full stop order to the Trustee for excavations without a permit. The Housing Preservation & Development Department then advised the Trustee that unless the Trust immediately obtained approval from the Buildings Department to do the work, HPD would correct the condition at the Trust’s expense. HPD gave the Trustee three days to request that Buildings approve. The Trust contacted Buildings the same day. HPD, however, commenced to correct the condition without waiting the three days. New York City subsequently billed the Trust for the remedial work in the amount of $338,592.56. (read more…)
Credit: CityLaw
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 to use reasonable care for his or her own safety, to keep a reasonably vigilant lookout for vehicles, and to avoid placing himself or herself in a dangerous position.” (read more…)
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.
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Intersection of Sunrise Highway and Old Sunrise Highway. Image Credit: Google Maps
Motorcyclist was killed when he made contact with another vehicle, lost control, and skidded approximately 95 feet until he struck a guardrail. On a clear dry afternoon Vincent Iovine drove a motorcycle east on Sunrise Highway in Nassau County traveling at a speed of 62 miles per hour in a 45 mile per hour zone. At the same time, Guadalupe Carranca had stopped her car at a stop sign on Old Sunrise Highway. Carranca intended to turn right onto Sunrise Highway. As Carranca attempted to merge directly into the left-turn lane of Sunrise Highway, she crossed over three lanes of traffic and then over a solid white line. Before Carranca could successfully complete the merge, Iovine’s motorcycle collided into Carranca’s vehicle. Iovine lost control of the motorcycle, skidded about 95 feet, and made contact with a guardrail. Iovine died from the injuries. (read more…)
St. Nicholas Avenue between 124th Street and 125th Street. Image credit: Google Maps.
Police officers were injured when their car struck a pothole that had been repaired by the City. On September 7, 2011, at about 12:40 a.m., while on patrol, two New York City police officers sustained personal injuries when their vehicle’s tire fell into a roadway hole located in the northbound lane of Saint Nicholas Avenue between 124th Street and 125th Street. (read more…)
226-08 141st Avenue. Image credit: Google Maps.
Owner’s house was fraudulently listed on the City register by a stranger who broke into the house and took possession. Jennifer Merin was left a house by a testamentary gift. The house is located at 226-08 141st Avenue in Queens County. In March of 2014, Darrell Beatty, without Merin’s knowledge, filed a fraudulent real property transfer report and a fraudulent deed with the City register that gave the property to himself. Beatty then broke into the house, changed the locks and took up residency. Upon going to the house, Merin discovered that Beatty had illegally taken possession. Merin called the police. When the police arrived, Beatty presented the fraudulent deed to officers. The officers refused to arrest Beatty for burglary and left. (read more…)
