Herma Stribula v. 210 E.86th St. Corp.
On December 13, 2006, in Herma Stribula v. 210 E.86th St. Corp. (Sup.Ct. N.Y.Co. Index No. 118478/06 ), the Supreme Court of the State of New York, County of New York, rendered a significant decision which protected a property owner from a trespass on his land that imperiled the value of his residential apartment building, and exposed the owner to potential future lawsuits by tenants and passersby seeking catastrophic damages; based on the legal papers prepared by Kucker Marino Winiarsky & Bittens, LLP, which were submitted by an expedited motion known as an “order to show cause seeking emergency relief,” the Supreme Court granted the temporary restraining order (TRO) requested by Kucker Marino Winiarsky & Bittens which stopped all work being performed by Consolidated Edison and its subcontractors in their planned installation of two high-voltage electrical transformers into the sidewalk abutting the residential apartment building owned by KMWBs client. KMWB, LLP was successful in demonstrating that justice demands the property owner’s rights must be protected from an egregious trespass even if the defendant is a public utility. KMWB’s victory in obtaining the TRO is a substantial step toward the recognition of beneficial rights arising from the reciprocal burden placed on landlords concerning sidewalk responsibility.