Neighbor alleged installation of windows in adjacent property interfered with use and enjoyment of his property. A disgruntled property owner claimed that his property was adversely affected when a neighboring building owner, 155 Meserole, LLC, installed new windows on its building. Leonard Sloninski, who owned the property adjacent to the 155 Meserole, LLC, complained to The Department of Buildings that the new windows lowered the value of his own building and prevented him from enjoying … <Read More>
Search Results for: Land Use
Contractor fined following worker injury
General contractor fined $25,000 for its failure to safeguard job site for construction workers. An employee of a sheet metal subcontractor was injured when he fell approximately 16 feet through a gap between the edge of a sidewalk shed and the face of a building located at 540 West 53rd Street in Manhattan’s Hell’s Kitchen. Buildings cited GC Mega Contracting Group for its failure to safeguard “all persons and property” by not closing the … <Read More>
Bicycle Riding and Injuries, Tort Claims and Defenses
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 … <Read More>
Disabled Tenant Wins Eviction Stay
Landlord sought to evict disabled man who had set two fires in his apartment. Jose Reyes, who received social security disability benefits related to his mental illness, lived in a Section 8 housing building owned by 529 West 29th LLC. Reyes set two fires in the building within a period of three months. Reyes set the first fire in his bathtub where he had placed documents and personal papers because he was experiencing extreme … <Read More>
Water and Sewer Fees Bill Upheld
Church claimed full exemption from water and sewer charges. The Bethelite Community Church, located in Harlem, owed $1 million in back water and sewer bills. The Church insisted that its building, as a place of public worship, was exempt from water and sewer fees. The Church applied for full exemption including residences within the property incidental to the exempt uses of the property. The Church reasoned these residences were used by the church administrator and … <Read More>
Subway Trains, Injuries, Tort Claims and Defenses
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.