New York Law Blog

Two landlords from the Bronx were found guilty of criminally negligent homicide for two firefighters that died after leaping from the window of a building that was burning out of control. Illegal partitions had been set up in the apartment building for subletting purposes which lead the firefighters to become disoriented while trying to escape the building. Jeffrey Lichtman talks about how the Wrongful Death laws play into the verdict on the case:

This case is another example of the dangerous practices landlords participate in all across our state, especially here in New York City.  The landlord and former landlord of this Bronx apartment building illegally subdivided apartments in order to achieve more rent.  This illegal partitioning creates a serious threat to the residents occupying the building as well as firefighters.  In this incident, the two firefighters had to jump from a window to escape the blaze.  The partitions left the firefighters disoriented forcing them to jump - ultimately to their deaths.  Firefighters risk their lives everyday to protect the lives of others - when illegal actions such as this cause unnecessary risks it is time we take action.  The verdict found both the landlord and former landlord guilty of criminally negligent homicide.  Though the verdict won’t bring back the lives of the two firemen it will serve those who caused the deaths significant punishment for their actions.  Once again, this case is an example of how our antiquated New York Wrongful Death law prevents full measure of damages.  The law does not allow compensation for the emotional loss and grief of loved ones left.  Albany must act.

Trolman, Glaser & Lichtman: Don’t settle for less!

Hwi Wu, a teacher of autistic children in Queens died last week when she was hit by a New York City bus after she slipped on the street. Senior partner Jeffrey Lichtman weighs in on the Wrongful Death law in New York state:

This is an unfortunate accident that took the life of a 26 - year old teacher in Brooklyn, which may result in a claim.  We don’t know the details of this case but New York’s antiquated Wrongful Death Law will limit family members recourse.  As a result of our Wrongful Death law family members of Hwi Wu will have limited recourse in the court system for emotional loss and grief.  Albany must take action now.  The law needs to change so family members get some form of compensation when tragedies such as this take place.

Trolman, Glaser & Lichtman: Don’t settle for less!

Sending text messages while driving has become a serious problem with drivers these days, as we are all in a hurry to travel and communicate. An ambulance driver in Albany, New York who had previously been seen texting behind the wheel of an ambulance was involved in an accident where she ran into a snowbank. Senior partner Jeffery Lichtman had this to say about the incident:

This is becoming a serious problem that our state needs to address with strict rules and penalties.  In this incident, the driver of the ambulance that ran into a snowbank had been previously cautioned by an Albany firefighter about text messaging while driving.  The driver of this ambulance is supposed to be out saving lives and instead is dangerously putting the public in harm’s way.

Tom Nardacci, spokesman for Mohawk Ambulance, said the driver, Joanna McKinley, is no longer employed by the company. He further pointed out that, State law exempts emergency vehicles from cell phone laws but that Mohawk ambulance has a stringent written policy against the use of cell phones which would include texting except in the use of an emergency or when they have to call a physician at the hospital. 

Albany must address the state’s cell phone laws.  We must hold our public safety officials accountable.

Trolman, Glaser & Lichtman: Don’t settle for less!