Vaccaro and White Win Motion Compelling City to Produce Road Design Documents

Judge Baynes of Kings County Supreme Court today ordered the City to produce documents concerning the design of Adams Street between Johnson and Joralemon, in a case brought by a cyclist who was seriously injured when he struck a depression in the Adams Street bike lane caused by the weight of stopping buses.  For the plaintiff, Steve Vaccaro argued that the City negligently designed the roadway by installing a bike lane adjacent to a bus stop without a concrete bus pad that would prevent depressions from forming.  The City argued that the documents were unnecessary because plaintiff had failed to show that the City had prior notice of the depression.  Judge Baynes properly rejected this argument, because in a case involving negligent design, advance notice to the City of of resulting defects is not required.  The City was given 120 days to produce the documents.

Here is is the copy of the order:

Adams St. Order