Construction Worker’s Case Allowed to Proceed Even After Notice of Claim Was Filed a Day Late

construction accident lawyer New York CityA Notice of Claim is a legal document that the State of New York requires to be prepared and served prior to bringing a lawsuit for damages against a municipal or government entity. The purpose is to provide advanced notice to such agencies that they may be sued for such damages and afford them time to investigate the circumstances and … Read the rest

2010 Marks Fewest Fatal Police-Involved Shootings Since 1971 and Lowest Number of Total Shooting Incidents by Police Since Formal Reporting Began 40 Years Ago

According to the New York City Police Department, police shot and killed eight subjects last year compared to 93 in 1971, the year to which reliable data on firearms discharges may be tracked. An additional 16 were wounded last year – another record low. The number wounded in 1971 was 221.

The record lows were recorded despite significant increases in … Read the rest

Municipality Liable for Slip and Fall on Black Ice Even Without Prior Written Notice

Slip and fall cases can be notoriously difficult cases in which to prevail, especially when the location of the accident is in a public area, such as a sidewalk or a parking lot. A key requirement is often the existence of prior written notice to the municipal property owner. But recently the Court of Appeals in San Marco v. Village/Town … Read the rest

New York City Not Liable to Bystanders Shot By Police During Daylight Exchange of Gunfire on Public Street

In the Court of Appeals decision in Johnson v. City of New York, 2010 WL 4720753 (November 23, 2010), five police officers got into a shootout with a robbery suspect at 126th Street and Lenox Avenue in Manhattan.

Plaintiff Tammy Johnson was playing with her 18-month-old daughter and socializing with neighbors on 126th Street near her residence when she … Read the rest

Village Denied Summary Judgment in Domestic Violence Suit Alleging Violation of Due Process Rights by Police Department

Holding a municipality liable in negligence for personal injuries sustained as a result of a third-party is often a difficult task because the plaintiff must show a “special relationship” between the plaintiff and the police department – a multi-prong test that is difficult to satisfy. The plaintiff circumvented these problems by bringing a 42 U.S.C. 1983 action alleging violation of … Read the rest