I have an ongoing, now in appeal, case against UPS in State Supreme Court for being an extraordinary blocker of bicycle lanes.
In September of 2015 I filed a small claims lawsuit against UPS for blocking the bicycle lanes.
Small claims court is not the venue, i.e. I lost.
In February of 2016, I filed this complaint against UPS in New York State Supreme Court.
The complaint lays out a public nuisance claim against UPS stating how the harms and ongoing danger to my life caused by UPS trucks intentionally parking in bike lanes. The complaint asks the judge to order UPS to stop the practice.
In April of 2016, the UPS law firm filed a motion to dismiss which we responded to here.
It wasn’t until November of 2016 that the judge heard the arguments, not in the case, but in regards to the motion to dismiss.
The judge ruled on April 2017 that the case should be dismissed, see the response here
The judge agreed with that a cause of action was presented in the complaint “Thus, contrary to UPS’s contention, the complaint, which alleges that the manner in which its trucks repeatedly park, stand, idle on public roadways substantially interferes with the exercise of a common right to use designated bicycle lanes, thus injuring the safety or comfort of a considerable number of cyclists, states a cause of action based on public nuisance.”
The judge ruled “he failed to allege or demonstrate that such conduct has subjected him to inconvenience or potential danger that is different in kind from the inconvenience and potential danger to which thousdans of other cyclists in Manhattan who use the same bicycle lanes are subjected.”
We have filed an appeal. Stay tuned.comments powered by Disqus