It is not uncommon for New York City restaurants to unlawfully discharge waste into the street. With the proliferation of curbside bike lanes in recent years, an increasing number of cyclists have been injured as a result.
In one such instance, Judge Kenny of New York State Supreme Court has ruled that the claims of a cyclist represented by Vaccaro & White, who slipped from her bike and fell due to cooking oil discharged into in the 10th Street bike lane, will proceed to trial. The defendants restaurant and building owner argued that the claims should be dismissed because the cyclist could not prove they were responsible for the cooking oil or other hazards in the bike lane. The Court rejected these arguments, holding that issues of fact required that the case be submitted to a jury.