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New York City Department of Sanitation Summonses

Discussion in 'Accidents, Injuries, Negligence' started by kmemt29, Jul 6, 2017.

  1. kmemt29

    kmemt29 Law Topic Starter New Member

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    Jurisdiction:
    New York
    Are New York City Department of Sanitation agents required to take pictures of Place of Occurence conditions as part of a summons issuance? If so, are those pictures accessible? The context is tryin to capture an unrelated exterior condition as part of a slip and fall case. Thank you in advance.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    I don't know. Did you receive a summons? Did you call up and ask what the evidence was?

    If a third party's photos did exist you would first have to file suit against the alleged negligent person or business and then serve a subpoena on that third party.

    It might help if you would explain what is going on with you and what you are trying to accomplish.
     
  3. kmemt29

    kmemt29 Law Topic Starter New Member

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    Thank you for the response. I'm trying to find/locate a picture of a loose support structure outside a building in which I tripped and fell with significant injuries. Without going into specifics, due to the identity of the property owner, I need to provide proof the condition's existence during a certain period of time, which seemingly can only be accomplished by getting lucky in finding a dated photograph. Sanitation summons could be a path if pictures were taken. Unfortunately for me, the dated pics on Google Street View do not align with my accident.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Right. An element of proving negligence is that the owner knew or should have known that the hazard existed.

    Since that's unlikely, another way is to find witnesses who can attest to the fact that the condition existed for some time and was easily noticeable to anybody passing by. If would also help if you could find somebody who actually notified the owner of the condition prior to your tripping over it.

    I have been a liability claim rep in the past so if you want more help feel free to post more details of when (the date) and how this happened.

    I hope you photographed the scene and the hazard. If so, you can post a photo here.

    Did you report the injury to the owner when it happened or have you since put him on written notice that you are making an injury claim? If yes, with what results to date?

    What is the nature of your injury and have you received medical treatment for it?
     
  5. kmemt29

    kmemt29 Law Topic Starter New Member

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    Adjuster -can I reach you privately?
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Sorry, no can do, against the rules and all that.

    You can remain anonymous here but still provide necessary details for helpful comments.

    On the other hand, a serious injury and complicated evidentiary issues, a personal injury attorney might be advisable.
     
  7. kmemt29

    kmemt29 Law Topic Starter New Member

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    Understood. My case proceeded, lost on summary judgment in federal court b/c I couldn't prove that the condition existed. Fractured kneecap, nose, torn shoulder would indicate otherwise.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    No, I think what you couldn't prove was that the owner of the property was negligent.

    I'm sure nobody denied that it happened or that the loose support caused it.

    In the absence of proof of negligence the defendant was absolved of liability.

    What is your goal now?

    The deadline for notice of appeal is 30 days in federal court. If it's been more than that since the judgment was entered, it's over.
     
  9. Highwayman

    Highwayman Well-Known Member

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    If it was as you describe, then DSNY would have nothing to do with it, it would be the Department of Buildings.

    And no, photographs are not routinely taken or used as evidence when issuing a Notice of Violation for what I assume would be a Building Code violation.
     

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