City defeats claim based on falling sign

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.


Outdoor advertising charges upheld

Building owner advertised his personal law firm on residential buildings that he owned through separate corporations. Attorney John. J. Ciafone has part ownership in four different real estate corporations that own five residential or mixed-use buildings in Queens and Brooklyn. At each of his five residential buildings, Ciafone installed signage on which he advertised his personal law firm. The law firm was separate from the real estate corporation that owned each building.


Fines mitigated when violation cured

Homeowner parked construction vehicles, unlicensed cars and construction material in residential district. Rachel Masica parked in the driveway of her residence at 316 Bement Avenue, Staten Island, a commercial dump truck, two Volkswagens without license plates, and, on the front lawn, a trailer. Masica stored a backhoe in her backyard under a tent, along with construction material, combustible wood, ladders, plywood, heavy-duty construction equipment, ladders, and wood planks. The Department of Buildings charged Masica with … <Read More>


Owner fined $398,550 for alterations

Owner maintained unlawful apartments in the garage, cellar and upper floors of Queens three-story building. In March 2019, the Department of Buildings received a complaint about people sleeping in the cellar of 136-02 35th Avenue in Queens. Buildings’ inspectors obtained access to the three-story apartment building and observed illegal apartments, a cellar did not match plans filed in 1997, and a garage that had been converted illegally into an apartment. Buildings charged the owner with … <Read More>


Public urination violation sustained

Individual claimed medical condition as a defense for public urination violation. A subway rider stepped off the subway car at 12:30 a.m. when he felt the sudden need to use a restroom. The rider proceeded to the station’s restroom, but found it to be locked. When the rider could not locate another public restroom, he walked to Lippmann Plaza and urinated on the tree bed in front of a McDonald’s at 136-61 Roosevelt Avenue, Queens. … <Read More>


Tort claim against HPD advances

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 … <Read More>