A deliveryman drives his  bicycle against traffic on a one way street.  A pedestrian crosses in the middle of the block. The biker hits the jay- walker. Litigation ensues. Both violated the law.  Who is at fault? Antoinette Montague was struck by an employee  of T&W Restaurant, Inc. while he was making deliveries on a bicycle. The employee was riding the bike against the one-way direction of travel on East 55th Street between Lexington and Third Avenues– a violation of the Vehicle and Traffic Law. T&W contended that Montague jay-walked mid-block — a violation of the New York City Traffic… Read more

Parking space disputes between neighbors, when coupled, conflated  and complicated with claims of adverse possession, can ignite a legal conflagration. And, as a recent case illustrates, jurisprudential fireworks  intensify exponentially where the parties asserting and defending their right to park is a group of attorneys. Kenneth J. Finger and family members owed a parcel  on Grand Street in White Plains adjacent to a lot owned by Grand St. Realty, LLC.  In May 2016, the Fingers filed suit for a judgment declaring they had acquired, by adverse possession, title to a 24-inch strip of land on Grand’s property. The strip runs between… Read more

Copyright by, and republished with permission of, Habitat Magazine. Most of the litigation triggered by the coronavirus pandemic so far has involved business disputes – over the terms of commercial leases, for instance, or over claims for business-interruption coverage that were denied by insurance carriers. But a recent decision in state Supreme Court in Brooklyn could be the harbinger of a coming wave of COVID-inspired lawsuits in residential properties, including co-ops and condominiums. In a residential building at 100 S. 4th St. in Williamsburg, Brooklyn, the owner claimed a resident was a “long-term disrupter” who hosted numerous large gatherings in his… Read more

With the benefit of hindsight, it is clear that some lawsuits never should have been filed. A recent case makes that point. Unidentified parents, on behalf of themselves and their child (let’s call them the “Walkers”), brought a premises liability action against New York State. They sought damages for injuries sustained when they were struck by a falling tree at Letchworth State Park — and alleged that the State was negligent in failing to inspect the park’s trees and protect visitors to the park from injury. The Court of Claims denied the Walkers’ motion for partial summary judgment on the… Read more

Did an episode of  “Billions” on Showtime defame Cayuga Nation and Clint Halftown? Their suit for defamation against Showtime Networks Inc., Brian Koppelman, Andrew Ross Sorkin and David Levien addressed that question. The suit arose from allegedly defamatory depictions of Cayuga Nation and Halftown in the television series Billions which was broadcast by Showtime Networks Inc. Cayuga Nation and Halftown claimed that they were portrayed on the series as being involved in an illegal casino land deal, as well as bribery of a public official and blackmail. But acknowledged that, at the end of every episode in the series, a… Read more

“[Don’t] you be my neighbor”—if you trespass on my land; snowblow my house; and spy on me. Theresa Cangemi and Gretchen Yeager/Steven Nichols own adjoining parcels of land on Oneida Lake. Yeager/Nichols have an easement/right-of-way over the southernmost portion of Cangemi’s property for the purposes of ingress and egress only. After a property dispute arose, Cangemi filed suit against Yeager/Nichols asserting a claim under Civil Rights Law § 52-a (private right of action for installation of surveillance equipment without consent) and claims of trespass and private nuisance and seeking injunctive relief. Cangemi moved for a preliminary injunction and temporary restraining… Read more

Scenario: Dog chases a cat. Guest gets caught in cable securing the dog. Dog owner and guest are significant others. Accident occurs at their former abode where he (but not she) then resides. Victim asserts claim on homeowners’ policy. Carrier disclaims. And (of course) litigation ensues. Jo Ann Davis was injured on April 23, 2017 when visiting the house owned and occupied by Timothy Phillips at 11 East Avenue in Cortland. Davis fell after becoming entangled in the cable securing Phillips’s dog (Sam) just as the canine began to chase a cat. Travelers disclaimed coverage on the basis that Davis… Read more

Proprietary leases for units at residential cooperatives often prohibit an assignment of the lease without the prior written consent of the board of managers. But what are the ground rules if the unit is owned by a limited liability company; the interests in the LLC are assigned: and the lease does not expressly prohibit or require board approval for such an assignment? A recent case addressed the question: Does a change in the beneficial ownership of an LLC/lessee violate a provision of a proprietary lease which required board approval for any assignment of the lease or the shares appurtenant thereto,… Read more

A man enters a bar after having a few beers down the block. Not clear what caused or who initiated an encounter after he was served with the wrong drink—but a bartender hit him with a beer bottle causing injuries. The customer sued the bar for negligent hiring, training and supervision. Did the employee have dangerous propensities? The action arose out of an incident that occurred on June 3, 2017, at approximately 2:30 a.m., at Bar Great Harry on Smith Street in Brooklyn. At that time and place, a bar back by the name of Carlos Vera, an employee of… Read more

Suburbanites know that the biggest obstacle to peace and quiet is an intractably difficult neighbor. In a recent case, the neighbors escalated the misery by using their driveway as a parking lot. Would the Court come to their jurisprudential rescue? Christine Duffy and Owen Duffy sued Kellie Baldwin and James Baldwin for public and private nuisance, damages and a permanent injunction. The Baldwins moved to dismiss the Duffys’ complaint. The Duffys and the Baldwins own adjacent homes at 15 and 11 Fletcher Road in Guilderland, New York. Both properties consist of single-family homes on approximately .25 acres of land, located… Read more