Irene Gabo on the Morning Show at Davidzon Radio – December 09 2019

With a snow season coming what is my responsibility as a home owner with regards to the snow removal on the sidewalk, so I won’t get sued?

Under the NYC Law property owner of a building or lot, where the sidewalk is paved, shall within 4 hours of snow stopping, remove the snow, ice and dirt from the sidewalk and gutter, 9 pm to 7 am not counting in this matter.

Between 9 PM and 6:59 AM, sidewalks must be cleared by 11 AM.
Between 5 PM and 8:59 PM, sidewalks must be cleared within 14 hours.
Between 7 AM and 4:59 PM, sidewalks must be cleared within 4 hours.

New York City’s snow removal law varies depending upon when snowfall stops and tickets carry a $100-150 first time penalty up to a $250-350 fine for three time offenders.

I own a home and I wanted to know if you heard about new rules about fixing sidewalks in front of homes?

Yes, few months ago the City announced a deal to address the bad sidewalks damaged by street tree roots and agreed that going forward, the city, not homeowners, will be responsible for fixing them. The realized people have been very upset over fines and violations. Going forward no liens will be imposed on one, two or three family properties where the sidewalk damage is caused solely by city trees. City plans to fix 5500 priority sites where roots have upended sidewalks and review 50000 existing violations to see if the city is responsible and to cancel the line. If the homeowner is selling or refinancing, the city will expedite the evaluation.

I received a letter from Geico that someone is suing me for a car accident and 25,000.00 of coverage may not be enough and I need a lawyer. Can you help?

I may be able to help. In case of a serious injury, like surgery or fracture, where your coverage may not be enough to cover the injuries sustained, your company may tell you to get another lawyer for any recovery sought above $25,000.00. Again, my advice is always, buy more coverage, and/or excess/umbrella insurance so this will not happen, as attorneys representing you over and above $25,000.00 exposure will charge per hour and request a retainer to defend you, while Geico lawyers are including in your coverage of $25,000.00.

My mom has a case with another firm. We got a call last week that the attorney is retiring and is transferring all cases to another firm. But I don’t know that firm. Can you take over?

A client can change an attorney at any time, and can choose any firm they want, regardless of the wishes of the prior, retiring attorney. Whether the new attorney will want to accept this case will depends on the length of time since your accident, your injuries, any issues with the case, and how long the prior attorney worked on the case before retiring. If the case is close to settlement, or trial, an attorney may not want to take this case on, as he/she would have little control of what transpired before.

On my case I have an offer and my attorney tells me insurance company is offering arbitration. Is that a good idea?

Arbitration is a quicker way that court to resolve your matter, and only takes few hours and is relatively inexpensive, however, the arbitrator’s decision is final. There is no appeal. Therefore, arbitration may be preferable, if there are parameters, a number on the bottom and a number on top, so if the arbitrator rules against you, there is still some recovery.

I prefer mediations. They are about the same price, also take 1-2 hours and can resolve many cases without trial, but they are non binding without a signed contract. So if you are not happy with the offer, you can turn it down and proceed with the lawsuit or to trial.

I tripped and fell on a sidewalk near a metal grate but my attorney is suing ConEd, and not the building. I don’t want to tell him he is wrong, but why is he suing ConEd?

You are referring to a 12 inch rule, which means ConEd may be responsible for 12 inch perimeter around the metal grate. I would still bring in ConEd and landlord into the action, just because I don’t know what contracts may exist between the parties.