De Facto Rent Stabilization

On January 8, 2016, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

iStock_000038610748_MediumJones v. Gumbs, 84034/2015

Four family building with seven residential units

Landlord filed a holdover proceeding to evict tenant whose lease had expired. Tenant claimed the building was a legal four family home, but contained seven residential units which made the building rent stabilized. The landlord claimed that the building currently contained less than six residential units and could not be considered rent stabilized.

The court relied on legal precedent and a DOB violation when it ruled that the building contained six or more units and was therefore rent stabilized. The Court stated that the units did not need to be legal in order to subject the premises to rent stabilization.

Furthermore, and this may be the worst part, the Court stated that even if one or two units were now removed, the building would still be subject to rent stabilization because it contained more than six units when the DOB violation was issued. Thus, the Court found that the tenant should have been offered a rent stabilized lease and ultimately dismissed the landlord’s eviction action.

If you are in a similar situation and need legal assistance, do not hesitate to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620.

Assumption of Risk in Personal Injury

On November 12, 2015, in Message/News Board, Personal Injury, by John A. Weber IV, ESQ.

In the world of Personal Injury and General Tort Litigation, there is a concept referred to as “Assumption of Risk.”  This concept is a defense to the plaintiff’s claim that can defeat the entire claim.  Certain activities have inherent risks.  These risks are well known or should be known to the possible claimant.  In some scenarios, the plaintiff’s skill and experience in participating in a certain activity can form the basis of the defense.  The defense actually works to negate the duty of care owed by the defendant to the plaintiff.  The New York case law is flooded with cases where the assumption of risk defense is raised.  Although a common misconception is that this defense is only applicable for sporting events and recreational activities, it is also applicable to other scenarios.

Personal Injury Attorney in Long Island

If you or a loved one are involved in an accident where you believe the assumption of risk doctrine could be asserted, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a personal injury attorney today!

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Car accident leads to 1.5 million dollar verdict

On November 5, 2015, in Personal Injury, by Robbie L. Vaughn, Esq.

Car Accident Verdict

Barclay Taylor v. Ilenia Cangelosi & Joseph Robles, No. 15650/12 (Kings – Supreme)

Plaintiff alleged that he was driving east across New York’s Verrazano-Narrows Bridge, when the rear of his vehicle was struck by a car being driven by Ilenia Cangelosi. Plaintiff alleged that his vehicle was pushed forward and struck the rear of another vehicle. Plaintiff sued the driver for negligent operation and the vehicle owner for vicariously liability.

Plaintiff claimed that he sustained a herniated disc and two bulging discs. He underwent about 12 months of physical therapy and several injections of painkillers. He eventually underwent a percutaneous discectomy (a procedure that involved removing part of a disc). Plaintiff also claimed that, as a result of his injuries, he was unable to work for four months, suffers permanent residual pain and can’t lift heavy objects or perform rigorous tasks. He also said he must use a cane, may need to have a pain-relieving device implanted in his spine and may need undergo spinal fusion.

Plaintiff sought recovery of $15,000 for past medical expenses, $850,000 for future medical expenses, $885,000 for past pain and suffering, and $1.35 million for future pain and suffering.

Defense counsel argued that Plaintiff did not sustain a serious injury and his current pain may be caused by diabetes and/or obesity.

The jury found that Taylor sustained a serious injury and determined his damages totaled $1.5 million.

Not every car accident verdict will be seven figures.  But not every injury will warrant seven figures.  The important thing is that your car accident verdict compensates you for your degree of injuries sustained in the car accident.

Car Accident Attorneys

Car accident cases are very common in New York.  The volume of cars on New York roadways will only mean that car accidents will continue to occur in very high numbers  If you or a loved one are involved in a car accident and need legal assistance, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today!

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Bicycle Accidents in New York City

On August 7, 2015, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

NYC Bicycle injuries

 

Unfortunately, people that live in congested cities like New York City take their lives in their hands when they choose to walk around their neighborhood or ride their bikes to work. Even when following all of the rules of the road, bicyclists are at risk of being struck by motor vehicles whose drivers simply don’t notice them. Sadly, when accidents happen, riders are seriously injured and even killed. This recent article by Joseph Stepansky is a reminder of how quickly a casual bike ride can become a devastating loss.

If you or a loved one were injured in a motor vehicle accident, whether as a pedestrian, a bicyclist or while you were in a vehicle, please call (516) 858-2620 to speak to with a Personal Injury attorney today!

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