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    Speed of Subway Trains Challenged

    CityLaw  •  Torts  •  Spring Street Station, Manhattan

    Subway trains at the Spring Street station twice struck passengers lying on the tracks on separate occasions. How fast should subway trains be moving when they enter a station? The faster the subway trains go, the more people the trains can carry and the quicker people will get to their destinations. Even a slowdown of a few seconds per train can slow the entire system. Speed is so important to the mission of the Transit Authority that the Transit Authority has committed billions of dollars to upgrades which will allow for increases in train speed and carrying capacity. On the other hand, safety is also a paramount priority, and as speeds increase so do stopping distances. (more…)

    Tags : CityLaw, MTA, subways, Torts
    Date: 11/29/2022
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    Building owner not liable for cellar fall

    CityLaw  •  Sidewalk Cellars  •  Midtown, Manhattan

    Via Italia. Image Credit: Google Maps.

    Pedestrian fell through cellar doors on sidewalk on West 46th Street.  On November 29, 2017, John Harrington was walking on the sidewalk in front of a building located at 45 West 46th Street in Manhattan when he fell through the cellar doors and suffered injuries. (more…)

    Tags : CityLaw, sidewalk cellars, Torts
    Date: 01/27/2022
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    City defeats highway injury claim

    CityLaw  •  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. (more…)

    Tags : car accident, CityLaw, guardrails, Torts
    Date: 12/30/2020
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    City defeats claim based on falling sign

    CityLaw  •  Torts  •  

    Bus sign replaced about a month after it fell on a pedestrian in front of 246 West Houston Street. Image Credit: Google Maps

    Pedestrian injured when bus stop sign fell from metal pole and struck him. On July 17, 2013, at around midnight, John T. Bunn was standing beside his parked car in front of 246 West Houston Street near a bus stop sign marked “W. Houston St & Varick St.” While standing at this location, the sign dislodged from its metal post, fell and struck Bunn in the head, causing him serious injuries. (more…)

    Tags : CityLaw, Torts
    Date: 10/10/2020
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    Tort claim against HPD advances

    CityLaw  •  Emergency Order  •  Williamsburg, Brooklyn

    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. (more…)

    Tags : CityLaw, department of buildings, Department of Housing Preservation and Development, emergency excavation, emergency order, Torts
    Date: 07/18/2020
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