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>
CityLaw
Deli fined $16,600 for e-cig display
Deli displayed e-cigarette products after City served summons. On May 6, 2019, during a routine inspection, an officer from the Department of Consumer Affairs* served a summons charging violations of City electronic cigarette laws on Tottenville Gourmet Deli & Smoke Shop located at 7507 Amboy Road, Staten Island. The officer saw e-cigarette products on display in a glass case with prices. The Deli did not have a license as an Electronic Cigarette Retail Dealer.
Cracked windowsill summons voided
City issued summons for hazardous cracked windowsill on sixth floor of building. On March 26, 2019, a Department of Buildings officer observed a cracked exterior windowsill on the sixth floor of a building owned by Aspen Companies on Sedgwick Avenue in the Bronx. The officer testified that if water were to enter the crack and freeze, a piece of the windowsill would break off, fall six stories, and injure a pedestrian below. Buildings issued Aspen … <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>
Landlord faulted for no rent receipts
Tenant paid rent but received no receipts from landlord. Francisco Pacheco lived in a rent-stabilized apartment in the Bronx, managed by Mayflower Properties, LLC. Mayflower Properties sued Pacheco for back rent of $11,575, later increasing the claim to $16,011.
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>