Frekhtman & Associates represent those who are injured due to the negligence of New York City Municipal Authority. Call NY Municipal Attorney now for a free legal consultation if you are injured and seeking justice in any type of premise accident.
Cases against the City of New York may include:
The most common case against New York City is a trip and fall due to a defective pedestrian sidewalk. In 2003, the law changed with the enactment of NYC Council Law 7-210 which transferred legal liability from the City of New York to the adjoining landowner.
Prior to 2003, a person who fell due to a defective sidewalk would usually sue the City of New York. After 2003, this same person will usually sue the adjoining landowner in front of whose property he or she was caused to fall. There is an exception for one, two, or three family owner occupied homes meaning trips and falls in front of these premises are still the liability of New York City.
The most important thing to remember with respect to New York City claims is that a Notice of Claim setting forth details of the accident must be filed within NINETY (90) days of the accident. A lawsuit must be filed within 1 year and 90 days of the accident. Often the City of New York will schedule a hearing pursuant to General Municipal Law section 50(h), known as a 50(h) hearing wherein an attorney will conduct a brief question and answer session with the claimant which is similar to a deposition. After the 50(h) hearing has been held, a lawsuit may be filed. If no 50(h) hearing is requested within 30 days of filing the Notice of Claim, a lawsuit may be filed.
With respect to New York City sidewalk cases, it is important to order a Big Apple Map which can be obtained from the New York City Department of Transportation pursuant to the Freedom of Information Law or FOIL. The map shows markings and a legend identifies what type of defect each marking represents. Defects include a raised sidewalk, broken curb, uneven sidewalk, hole or hazardous depression, pothole, and a number of other defects.
A map can also be obtained from the Big Apple Pothole Protection Committee which non for profit agency also provides witnesses who can interpret the map to testify at trial. Our law firm has successfully resolved cases with the City of New York. In 2008, we settled a trip and fall case on a public sidewalk where a tree caused a dangerous raise in a sidewalk flag. This defect caused our client to fall and fracture her hip. The matter was resolved for $450,000. In 2007, we also settled a cracked sidewalk case against the City of New York for $275,000. Accidents involving the New York City Transit Authority include train collisions, bus accidents, construction accidents, and slip and falls. In April of 2007, our firm won a jury verdict for $2,800,000.00 for a laborer who was installing tiles on the wall of a subway station which was being renovated from top to bottom. During his work, a large electrical light, which was poorly affixed, fell from the ceiling striking him on his head and causing a brain injury. Frekhtman & Associates has won cases against the New York City Board of Education for negligent supervision including a settlement for $100,000 in allowing a broken desk/ chair combo to remain in a classroom where a student fell to the ground sustaining injuries.