Harlem Woman One Block Away From Blast Files Lawsuit (New York: 2014, lawyers)
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It is open season on Con Edison and New York City. Since de Blasio is handing out money and seems not to have a large enough pair to fight lawsuits it may be time to get in while the getting is good.
Anyone know of someone that lives in that area with an address I can use? Of course would be willing to go 80/20 or even 60/40 depending upon circumstances.
This person and many others of her ilk would be filing a lawsuit whether the mayor was Bloomberg, DiBlasio, or Bugs Bunny.
Don't you just love the other person suing?? A "20 year old high school student" --- suing for $10 million because the force of the blast threw him out of his seat on the M116 bus and he says he got a torn ligment and a broken blood vessel. A twenty year old high school student. Seriously.
Everybody is going to jump on the bandwagon and start suing and/or joining the class action suit. The minute the blast happened, many people saw it as a payday.
I wonder if it's the landlord or the city that should be sued?
Rule number one: whenever possible *ALWAYS* make the City the main or co-defendant if possible. Every attorney that does civil matters here knows this, and there are very good reasons.
One, the City in theory has the deepest pockets. In short their ability to pay is unlimited because not only of their asset but tax base.
Two, under the odd and byzantine laws of NYS and NYC when co-defendant cannot or will not pay their portion of a judgment , the City can be forced to pay the entire amount regardless of what percentage of blame was assigned.
For these reasons the City always has been the target of nuisance lawsuits. Attorneys and or their clients simply hope the City will pony up with a settlement ( as with the recent de Blasio FDNY decision), or wait for a famously liberal NYC judge and or jury to award them something.
Will agree with another poster that you are likely to see lawsuits from everyone from East 96th Street to probably 125th Street bordered by Madison and Lexington avenues. Then there will be those in the area at the time of the blast for work or other reasons including just happened to be walking past. Finally look for "first responder" lawsuits from those that rushed to assist but now claim they suffer from a host of ailments.
Two, under the odd and byzantine laws of NYS and NYC when co-defendant cannot or will not pay their portion of a judgment , the City can be forced to pay the entire amount regardless of what percentage of blame was assigned.
I've never heard of this.....if this is true then any mayor would have their hands tied, not just deBlasio.
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I've never heard of this.....if this is true then any mayor would have their hands tied, not just deBlasio.
No, not really, there are options.
If the City lets it be known they will mount an aggressive and vigorous defence as Bloomberg as doing with the FDNY case some attorneys and or their plaintiffs will think twice. Bloomberg came into office with a businessman's point of view. That was it was cheaper and more certain to settle cases where warranted rather than incur the costs of legal proceedings. Remember even if the City wins or at appeal their lawyers still have to be paid and so forth. They could try to seek an award of legal fees but often NYC judges aren't inclined to order "blood from a stone". That is your average NYC resident does not have tens of thousands to pay such an award, thus such a judgment could be seen as punitive.
It is open season on Con Edison and New York City. Since de Blasio is handing out money and seems not to have a large enough pair to fight lawsuits it may be time to get in while the getting is good.
Anyone know of someone that lives in that area with an address I can use? Of course would be willing to go 80/20 or even 60/40 depending upon circumstances.
What you're asking is illegal. Too bad you weren't a victim of the blast.
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