BenchNOTES - April 2020

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


BenchNOTES Newsletter

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BenchNOTES Newsletter

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BenchNOTES Newsletter


BenchNOTES Newsletter

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Trials Division – COVID-19 Update

COVID-19 Update

The OATH Trials Division located at 100 Church Street, NY, NY 10007 is closed until further notice but is still holding conferences and trials by phone. If interested in taking advantage of this option, please email OATHCalunit@oath.nyc.gov and continue to check the OATH website at nyc.gov/oath for more information and updates.

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Real Property

SRO buyout offer, notice of rights.

Petitioner sought to deny respondent’s application for a certificate of no harassment on the basis that current and former owners harassed Single Room Occupancy tenants.

Dep’t of Housing Preservation & Development v. Jones, OATH Index No. 283/20 (Apr. 1, 2020).

Read more about Dep’t of Housing Preservation & Development v. Jones

Contracts

Acceleration payment, absence of written approval.

The Contract Dispute Resolution Board (“CDRB”), chaired by ALJ Faye Lewis, dismissed a $2.8 million claim for additional compensation.

Mill Basin Bridge Constructors, LLC. V. Dep’t of Transportation, OATH Index No. 253/20, mem. dec. (Apr. 15, 2020).

Read more about Mill Basin Bridge Constructors, LLC. V. Dep’t of Transportation

Practice and Procedure

Motion to reconsider, workplace-wide violations.

Petitioner charged respondents with employee-specific and workplace-wide violations of the Earned Safe and Sick Time Act.

Dep’t of Consumer Affairs v. J&O Security Services, Inc. and Osagie, OATH Index No. 2830/18, mem. dec. (Apr. 27, 2020).

Read more about Dep’t of Consumer Affairs v. J&O Security Services, Inc. and Osagie

Licensing

Trial to lift pre-trial suspension.

The Taxi and Limousine Commission (“TLC”) summarily suspended respondent’s TLC driver license upon notification of his arrest for charges arising from a domestic dispute.

Taxi & Limousine Comm’n v. Singh, OATH Index No. 1913/20 (Apr. 24, 2020), adopted, Comm’r Dec. (May 1, 2020).

Read more about Taxi & Limousine Comm’n v. Singh