Legal Blog of Attorney Lawrence B. Saftler

Sidewalk Law Produces Results - For Everyone!

By lsaftler on July 16, 2008

Sometimes, not always, claims and lawsuits bring beneficial results to the public at large, as opposed to the financial rewards an injured victim receives from the claim or lawsuit my office successfully handles for them. In a past blog, I have written about the new law promulgated by the City of New York and how adjoining landowners are now responsible for maintaining their surrounding sidewalks, as opposed to the City of New York, or face financial liability to an injured sidewalk defect victim. See the Administrative Code of the City on New York,Title 7, Chapter 2, Section 7-210.

Of recent vintage, I personally know of at least 3 different cases which I have pursued on behalf of injury victims, where not only were we successful in prosecuting the claims of the injured victims, but were able to eyewitness corrective repairs to the very site of the accident by the adjoining landowners to the benefit of the public as a whole, who will never have to worry about falling from the very same defect that caused my clients’ injuries. In all three cases, the sidewalk were repaired with level grade fresh concrete, where in one instance specifically, literally thousands of pedestrians walk the same location daily. One such location is in front of the Lincoln building in New York City, directly across the street from Grand Central Station, where a new sidewalk was recently installed and whatever defects there were before now no longer exists.

This is a great side benefit from the new sidewalk law created by the City. Mayor Bloomberg deserves credit for the manner in which he has governed, creating laws which not only serve to lower the payments and financial burden made from City coffers and the taxpayers of New York City to pay injured sidewalk victims for sidwalk accidents, but also creating responsibility to those who have and should have a greater stake in the safety of the streets in front of their premises, that of the adjoining landowner.  

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Lawrence Saftler quoted in the Queens Courier on Sidewalk Falls

By lsaftler on July 16, 2008

On July 10th, 2008, Lawrence Saftler was quoted in the Queens Courier relating to the new statute providing for liability to adjoining property owners, as opposed to the City of New York,  for injured victims from sidewalk defects and falls. The article was written by Stephen Bronner.

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New York City Sidewalk Falls

By lsaftler on May 20, 2008

The Saftler Law Firm has been at the forefront of pressing claims against both the City and private landowners for falls from City sidewalks which cause injuries to unsuspecting pedestrians. There has been a new Code enacted since 2003 which, in essense, transfers liabilty from the City of New York to adjoining landowners, so long as they are not one, two or three family dwellings. The law states in substance that it is the duty and responsibility of the owner of abutting real property to maintain the sidewalk in a reasonably safe condition, the failure of which will render them liable for injuries, death or property damage by reason of their neglect.

This law is a relatively new law and as with all new laws requires definition. For instance, who is responsible for a curb? This has been determined to be the City’s responsibility by the courts. Another example is who would be responsible for a sidewalk defect when the City is at the root of the cause for the defect, as in tree roots. In Manhattan, a Judge stated it was the landowner under the new law, whereas in Queens, Brooklyn and Staten Island, the law is that the City may still be held responsible for their tree rooted causation of City sidewalk defects.  In a case handled recently, a pedestrian was traversing the theatre district when she fell over a defect the City admitted responsibility for, causing and creating the condition, while the adjoining landowner, based on the City’s admissions moved to be dismissed. This motion was denied based on the new law, the court indicating thaat causation was irrelevant to the new responsibility imposed under the new code. Ultimately, the City and landowner split the settlement 50/50.

When it comes to falls on City sidewalks or curbs or wherever else the City would  be fully responsible, for example, say you fall in front of a police station or a City School playground, the City requires at least 15 days prior written notice of that defect in order to attach liabilty against the City, a further hurdle for an injured party to recover.

 Sometimes navigating the streets and sidewalks of the City can be far less difficult than knowing who is ultimately responsible for an accident pertaining to a sidewalk defect, nothwithstanding clear and unambiguous language from the new code and law. Therefore, tread carefully my fellow pedestrians and choose your attorney wisely.

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Can the Corporate Veil be Pierced?

By lsaftler on March 20, 2008

Only the rule of law can decide this issue, and in the latest shot across the bow, the Appellate Division, First Department (Blount v. Bovis Lend Lease LMB, Inc., 2996 [3-6-2008]) held that there was insufficient proof of common ownership of two companies to defeat defendant’s motion to dismiss based on jurisdiction. The Court found that there was no evidence of complete control over the financial aspects of marketing, day-to-day operations and activities or shared employees, and common officers and directors.

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