Napoli Bern Ripka Shkolnik, LLP & Imbesi Christensen Files Class Action Against Parking Garage Owner
A class action lawsuit was filed on behalf of vehicle owners, alleging the Defendants improperly locked the garage before Super Storm Sandy, without notice, causing damage to the vehicles, personal property and the inability to evacuate.
By: Imbesi Christensen
Dec. 14, 2012 - PRLog -- The Law Offices of Napoli Bern Ripka Shkolnik, LLP, and Imbesi Christensen filed a class action complaint against the owners of the parking garage located at 227 Cherry Street, in New York, New York. The complaint alleges various causes of actions including the Defendants’ failure to properly notify the garage's monthly parking customers that the entrance gate would be locked prior to Super Storm Sandy, rendering the vehicles inaccessible.
The complaint alleges that on Sunday, October 28, 2012, at approximately 4:00 p.m., the entrance gate to the parking garage was closed and locked. Vehicles owners were not notified of the closing, and the entrance gate was not opened, despite the numerous pleas from owners to the garage's management company.
The complaint also alleges that the Defendants failed to construct proper water barriers around the perimeter of the property, especially in front of a parking garage entrance. As a result, water was able to flow into the parking garage, causing some vehicles to float and substantial damage to the vehicles and personal items contained within.
Many of the vehicle owners were unable to evacuate Manhattan because the garage door was locked. One customer was unable to evacuate his daughter, who requires the use of a wheelchair, because he was unable to access his van, which was locked in the garage. Despite his numerous telephone calls and e-mails, pleading for the garage to be opened, none of the Defendants sent an employee to unlock the gate. He was unable to evacuate and his van, including his personal property contained inside, was eventually destroyed.
The complaint, Lee v. Cherry Street,LLC, et. al., Index No. 1588883/2012,seeks damages to compensate the monthly parking customer for the following:
● Vehicle replacement
● Insurance deductible fees
● Personal property replacement
● Alternative parking expenses
● Refund of monthly parking fees
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