New York City residents subjected to City nuisance laws alleged that the City violated their constitutional rights. The City of New York, in separate proceedings, charged Sung Cho, David Diaz, and Jameelah El-Shabazz with violating the City’s nuisance abatement law. Under the nuisance abatement law, the City has the authority to shut a business or vacate a residence for up to one year on proof that offenses such as drug or stolen property crimes have … <Read More>
CityLaw
Oil Corporations Defeat City’s Claim
The City sued major oil companies for flood damage and climate change costs. On January 8, 2018, The City of New York filed a related lawsuit in federal court against BP, Chevron, ConocoPhillips, Exxon Mobile Corporation, and Royal Dutch Shell, PC, the five largest fossil fuel producers in the world. The City alleged that the oil companies downplayed the risks of climate change and promoted the use of fossil fuels despite environmental risks. The City … <Read More>
Renter Defeats Pet Eviction
Landlord attempted to evict tenant who owned a pitbull as an emotional support animal. On December 8, 2017, a tenant moved into a rent-controlled apartment located at 280 East Burnside Avenue in the Bronx. The tenant signed a two-year lease which contained a conspicuous provision prohibiting pets on the premises without landlord consent. In December 2017, in an exchange of emails the tenant notified the building’s landlord that she owned a female pitbull named “Bella,” … <Read More>
Property Award Decreased By $6,934,487
City claimed condemned property designated as wetlands was overvalued at $10 million. In 1985, seven acres of property covering six blocks in the Oakwood Beach section of Staten Island was donated to a yeshiva. The yeshiva’s plans for the property included development of a school and synagogue. Due to fiscal setbacks and a freshwater wetland designation, the yeshiva in 1991 sought and the City approved a hardship exemption in development of the planned school and … <Read More>
Billboard Law Challenge Fails
Advertising companies sought to erect outdoor billboards in the Willets Point neighborhood. Mucho Media and other property owners in Queens’ Willets Point neighborhood sought to construct large advertising billboards on their property. For safety and aesthetic reasons, the City denied or ordered the removal of billboards in the Willets Point neighborhood. These actions were pursuant to the City’s zoning law that prohibits commercial billboards within two hundred feet of an arterial highway.
Design of Roadway Blamed in Accident
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 … <Read More>