Transit Authority Liability For Crash Of Two Subway Trains. The Transit Authority has conceded liability for the crash of two subway trains on the Williamsburg Bridge June 5 that injured 66 passengers, according to an attorney representing one plaintiff. Jerrold s. Parker of Parker & Waichman reported yesterday that in response to a discovery request, he received a liability concession from the TA’s law department, a move that presumably applies to all the plaintiffs. Mr. Parker saw the move as an effort by the agency to prevent “airing of dirty linen.”
Lauren J. Wachtler, formerly of counsel to Montclare & Guay, and Paul D. Montclare, the founding partner of the firm, have formed Montclare & Wachtler as a successor firm. It will continue to have offices in White Plains and Manhattan. In addition, Richard F. Guay has left the firm to become of counsel to Meyer Suozzi English & Klein. Elsewhere, Malcolm S. Taub, a former litigation partner at Kaufman Goldstein Gartner & Taub, has joined Bizar & Martin; the firm is now Bizar Martin & Taub.
Failure To Issue Regulations
New York City was fined $ 1,250 yesterday for contempt of court for failure to issue regulations implementing a city law (Administrative Code § 27-2013) requiring the removal or encasement of lead paint in city apartments. Acting Justice Louis B. York also certified a class action in City Coalition to End Lead Poisoning v. Giuliani, No. 42780/85, finding the City in contempt for the second time in three years. Holding the City in both civil and criminal contempt, he assessed $ 1,000 of the fine personally against Deborah Wright, Commissioner of the Department of Housing Preservation and Development.
The Appellate Division, Second Department, this week enjoined a Garden City, L.I., landlord from evicting an abortion clinic that has been the site of numerous right-to-life protests. The unanimous court stayed a Nassau County Supreme Court decision, pending the outcome of the appeal scheduled for next month, that authorized termination of the lease of Long Island Gynecological Services because of a series of violent incidents at the building at 1103 Steward Avenue. The decision is published on page 30, column 3.
The 11,000-member Mason Tenders District Council Welfare Fund yesterday agreed to end an exclusion in its medical plan for AIDS and HIV-related illnesses. The settlement, which comes in a lawsuit brought by the Equal Employment Opportunity commission, requires the plan to set aside $ 500,000 for persons denied benefits. In a related case, Southern District Judge John Sprizzo had ruled in 1993 that the fund’s exclusion of coverage for HIV illnesses violated the Americans with Disabilities Act.
The Senate Finance Committee, despite dire warnings over the long-term solvency of Social Security, voted yesterday to make benefits more generous for recipients who work past the age of 65. Currently recipients lose $ 1 in benefits for every $ 3 they earn above $ 11,280 a year. The Senior Citizens Freedom to Work Act, approved by a voice vote, would raise the limit to $ 14,000 next year and to $ 30,000 by 2002.
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