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Last month New York Governor Kathy Hochul announced an agreement to improve accessibility in 95% of subway stations in New York City that currently lack elevators or ramps. According to a press release by the Metropolitan Transportation Authority, the agreement is part of a class-action settlement between the MTA and accessibility advocates. While it is […]
Municipal Liability
Suit Against School for Failure to Provide Adequate Supervision Survives
In Amandola v Roman Catholic Diocese of Rockville Ctr., 2015 NY Slip Op 06099 [130 AD3d 761], the New York Supreme Court, Appellate Division, Second Department denied a defendant’s motion for summary judgment to dismiss a cause of action for failure to provide adequate supervision in its school. A plaintiff brings suit against his school for failure to […]
Investigation Finds Rampant NYC School Bus Moving Violations
A recent investigation by the New York Daily News found that as nearly two-thirds of New York City school buses “have been issued at least one speeding or red light camera ticket since 2014.” Of the city’s 10,497 registered school buses, 6,895 (or 65%) have received tickets. Of those 6,895 buses that received tickets for speeding or […]
Women Are Afraid of Walking in Cities Because of Sexual Assault, Study Shows
A new study examining the gendered nature of urban design, published by Leading Cities, found that the risk of sexual assault disproportionately prevents women from walking around their cities. According to the study, 30% of women respondents said they either “always” or “very frequently” avoid walking around their cities because of fear, instead choosing other modes of transportation. […]
New York Safe Streets Activists Propose New Road Safety Legislation
Earlier this month a group of safe-streets lobbying groups in New York released the Crash Victims Rights and Safety Act, a collection of eight pieces of legislation “that will better support victims of traffic violence and make streets safer across New York State at a moment when traffic fatalities and speeding are both on the rise,” according […]
Study: Falls Are Most Common Cause of Death for Construction Workers
A new study released by the American Journal of Industrial Medicine showed that falls remain the second leading cause of death for workers across the country. The study showed that falls represented 14 percent of all workplace fatalities in the United States during an 11-year period between 2003 and 2014. Workers with the highest rates of fatal falls were […]
New York Lawmakers to Revisit Scaffold Law
New York lawmakers are revisiting the state’s century-old scaffolding law that requires construction companies to cover the full cost of all workplace injuries. According to The New York Daily News, the recent conversation about reforming New York’s construction safety laws comes at the behest of the Trump administration and the construction industry, which are looking for ways […]
Widow of Glenn Frey, Former Eagles Bandmember, Files Wrongful Death Lawsuit
Cindy Frey, the widow of late Eagle’s co-founder Glenn Frey, has filed a wrongful death lawsuit against Mt. Sinai hospital and physician Steven Itzkowitz. The lawsuit alleges the hospital and doctor were negligent in failing to properly diagnose and treat the health conditions that led to his untimely death in January 2016. Frey died at the age of 67 from complications […]
Queens Mom Sues NYC Alleging Missing Stop Sign Caused her Son’s Crash
A Queens mom has sued New York City for a missing stop sign that caused the Uber she was riding in to crash, injuring herself and her one-month-old son. The mother, Oddeth Davidson, was traveling with her infant son, Kaiden Brown, in a ride-share vehicle when another car T-boned the Uber in Cambria Heights at the intersection of […]
New York Post: New York Hospitals Sued for Releasing Dangerous Patients
Two New York City hospitals are being sued for the damages caused by the release of allegedly dangerous patients from their psychiatric wards. In the past month, two lawsuits have been filed against New York City hospitals alleging that the hospitals behaved in a negligent or careless manner when they released dangerous patients into the tri-state area. These patients […]
Students Injured at Bronx High School In Science Experiment Gone Wrong
A mishap in a New York City high school’s science lab ended up sending four students to the hospital. St. Catharine Academy, an all-girls Catholic school in the Bronx, said that an experienced chemistry teacher was performing an experiment to teach students how an atom “goes from ground state to excited state,” according to the New York […]
Dodging Responsibility, MTA Tries to Make Homeless Man With No Assets Pay for Verdict
The Metropolitan Transit Authority, responsible for running New York City’s subways and buses, is attempting to dodge responsibility and pin a $30-million award on a homeless man. In 2012, Naeem Davis, described as “homeless” and “a drifter” by the New York Post, pushed Ki Suck Han in front of a subway train. Arguing that he was […]
Family of NYC Bike Path Victim Plans to Sue City
Parents of a victim lost to the terrorist attack on one of Lower Manhattan’s bike trails has filed a notice of their intent to sue New York City. The parents of Darren Drake state that New York designed a bike path that was unsafe for people to use. According to them, New York should have foreseen […]
Lawsuit: Brooklyn Prison Staff Ignored MS-13 Assault on Inmate
According to a new lawsuit, two federal prison guards in Brooklyn allowed a gang member to attack a fellow inmate causing horrific damage. The injured inmate, Rafael Lopez, alleges in his new lawsuit that the Metropolitan Detention Center knew that Douglas Mendoza was a disturbed person and affiliated with the notoriously violent MS-13 gang. The alleged attack […]
Former Councilman Sues NYC For His Treatment at Riker’s Island
Disgraced New York City Councilman Ruben Wills has sued the City of New York over his treatment while incarcerated on Riker’s Island. According to the former politician, his four-day stint at Rikers caused him immense pain and resulted in his need for a wheelchair. Wills is now trying to hold the Department of Corrections and the NYC […]
Comptroller’s Office Audits Westchester Medical Center
An audit of Westchester Medical Center (WMC) found company executives were paid millions of dollars in bonuses between 20013 and 2015. State Comptroller, Thomas DiNapoli’s office found that $4.6 million dollars were to paid to 18 employees without sufficient record keeping as to why the payments were made. The hospital was audited because it is a […]
Defendant Fails to Submit Evidence of Last Inspection of Slate; Case Proceeds
The New York Supreme Court, Appellate Division, Second Department in Bergin v Golshani, 2015 NY Slip Op 06103 [130 AD3d 767], denied a defendant’s motion for summary judgment to dismiss a cause of action alleging negligence. In the slip-and-fall case, the plaintiff sought to recover damages for personal injury for defendant’s failure to inspect the area where plaintiff was injured. […]
Liability for Sidewalk Accidents: Continued
In a previous post, we went over the laws governing which party is liable when a plaintiff trips and falls on a defective sidewalk in the City of New York. Brief review: NYC’s Sidewalk Law places liability on “abutting” property owners – those who own the land next to that portion of the sidewalk – with exceptions […]
Five Men Wrongfully Convicted in Central Park Jogger Attack to Receive $41 Million Legal Settlement
New York City Controller Scott Stringer approved a $41 million legal settlement in June 2014 for five men who were wrongfully convicted and imprisoned for beating and raping a woman jogging in Central Park in 1989. Stringer stated that “this settlement is a prudent and equitable solution for all parties to the lawsuit and closes a very […]
Suffolk County Agrees to $200K Legal Settlement for Video Journalist Who Was Wrongfully Arrested
Members of the Suffolk County Legislature approved a $200,000 legal settlement in June 2014 after a video journalist filed a lawsuit that claimed he was wrongfully arrested for recording police activity in a public area. The settlement also states that all members of the Suffolk County Police Department (SCPD) must be trained and tested about the public’s First Amendment […]
New York Man Files Lawsuit Alleging Excessive Force by Nassau County Police Officers
Westbury resident Kyle Howell, 20, filed a lawsuit in early May 2014 against the Nassau County Police Department (NCPD) that claims two officers used excessive force against him during a routine traffic stop on April 25, 2014. After being punched and kneed in the face by the officers, Howell suffered from a broken nose, facial fractures, nerve […]
Smoker Sues After NYPD Misunderstanding
A downtown New York lawyer is suing the city of New York and the NYPD for $400,000 in damages after two officers mistakenly thought that he was attempting suicide. Mark Moody was smoking a cigarette on the ledge of his second story Peck Slip apartment when two officers stopped their car and asked Moody if […]
