Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Cohen v. Macaya

Immunity Cannot be Conferred on City to Avoid Liability at Preliminary Stage of Park Study

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motion:Papers NumberedDefendants’ Notice of Motion with Accompanying Affidavits and Exhibits        1Plaintiff’s Affirmation in Opposition with Accompanying Affidavits and Exhibits              2Defendants’ Reply Affirmation            3DECISION/ORDER

*1  This case raises the issue of whether, following the Court of Appeals’ decision in Torturro v. City of NY, 28 N.Y.3d 469 (2016), the City of New York (“City”) is immune from liability when, in the midst of conducting a safety study of a roadway in a public park, a pedestrian is struck and injured by a passing bicyclist. Plaintiff Linda Cohen (“Cohen” or “plaintiff”) was injured on November 3, 2011, when she was struck by Santos Macaya (“Macaya” or “bicyclist”), who was riding his bicycle in the designated bicycle lane on the West Drive of Prospect Park, at the intersection of Southwest Lake Drive and Well House Drive (“subject location”). She testified at her 50-h hearing and deposition that she had no recollection of the incident. According to Macaya’s deposition testimony, plaintiff was at first walking in the pedestrian lane, but “within a split second,” his right shoulder made contact with plaintiff’s back in the bicycle lane and her body was on the ground in front of him. Macaya further testified that the location was”fast down hill.” Less than two weeks after Cohen was struck, the NYC Department of Transportation (“DOT”) performed immediate remedial measures; placing safety barrels, upgrading the crosswalks to high visibility, and trimming the bushes at the subject location. Further design changes to the West Drive were implemented in May 2012.Plaintiff claims that the City was negligent in the design and maintenance of the roadway in Prospect Park, and for failing to conduct proper safety studies and implement simple remedial measures despite nine previous incidents on the West Drive, which purportedly gave the

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Director of Legal Affairs

WittKieffer is proud to partner with Mom's Meals in the search for their Director of Legal Affairs. Mom's Meals is an investor-owned compan...


Apply Now ›
Trial Attorney Personal Injury.

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›
MID-SENIOR LEVEL EMPLOYMENT ASSOCIATE OR PARTNER WANTED FOR BOUTIQUE FIRM OPPORTUNITY TO INHERIT AND GROW PRACTICE (Atlanta, GA)

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements