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BenchNOTES Newsletter

BenchNOTES - October 2013

Last Month's OATH Decisions

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CDRB denies claim as waived.

A contractor filed a claim on behalf of a subcontractor on a contract to demolish a marine transfer station and build a new one in Flushing Bay. The subcontractor sought $195,471 for extra work allegedly incurred as a result of a hidden, underwater, man-made obstruction.    Prismatic Development Corp. v. Dep't of Sanitation, OATH Index No. 2405/14, mem. dec (Oct. 22, 2014).

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Charges against taxi driver sustained in part.

A taxicab driver was charged with cursing at a passenger, intentionally spinning his taxicab and hitting a parked car, and threatening to throw the passenger out of the cab and beat him up.    Taxi & Limousine Comm'n v. Gamal-Eldin, OATH Index No. 2612/14 (Oct. 17, 2014).

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Correction officer charged in off-duty fracas.

A correction officer committed misconduct when she got into an off-duty fight in an optical store; respondent pulled down a display case, broke mirrors, threw a chair at the optician, advanced toward him while brandishing a piece of broken glass and grabbed the optician in a bear hug.    Dep't of Correction v. Chapple, OATH Index No. 325/15 (Oct. 24, 2014).

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Real Property

Loft Law coverage dispute.

The Loft Board referred to this tribunal a coverage application filed by a husband, his wife, who is the prime lessee of the premises for which they seek coverage, and their adult niece.    Matter of Pak, OATH Index No. 2447/13, (Oct. 9, 2014), adopted in part and remanded, Loft Board Order No. 4334 (Nov. 20, 2014).

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Vehicle Retention

Police Department may keep seized car.

The Police Department sought to retain respondent's car, which was seized in connection with the arrest of the father of respondent's daughter for firing shots into the door of a Bronx nightclub, wounding a man in the arm.    Police Dep't v. Morgan, OATH Index No. 865/15, mem. dec. (Oct. 27, 2014).

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