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NY Personal Injury Law On Getting Hit By An Amazon Vehicle Or Commercial Truck

glendaleregstg on February 16, 2024

Who Is Responsible for My Injuries If An Amazon Driver Causes The Accident? It is legally mandatory for the driver’s insurance policy to cover any injuries caused in an accident. Amazon requires that Flex drivers have their own liability coverage and it must adhere to local or state delivery truck regulations.

Car and truck accidents happen every day. In places like New York, where the streets are constantly crowded with vehicles, accidents are a fairly ordinary occurrence. Some accidents not only involve individual drivers but the companies they drive for. Delivery drivers spend their days on the roads making deliveries for their respective employers. One such employer is Amazon, which has delivery trucks all over New York. If you were hit by an Amazon delivery truck, you might be entitled to sue for compensation.

While you can likely file a personal injury lawsuit after being hit by an Amazon truck driver, you must consider a few important issues first. For one, you need to think about whom exactly you want to sue. After an accident with a delivery driver, you might sue the driver as an individual, the company they work for, or both. However, Amazon often hires drivers as independent contractors, and this arrangement may shield Amazon from legal action. You must also think about how the accident occurred. If you were partly to blame, you might still recover compensation, but it could be reduced.

If an Amazon truck driver hits you, you can potentially sue both the driver and Amazon for your injuries.

It may be possible to sue Amazon for the actions and negligence of their delivery driver. There are two predominant methods of suing an employer for their behavior. First, you might be able to sue under the doctrine of Respondeat Superior. You might also have the option to sue under the legal theory of negligent hiring or negligent entrustment. Under this theory, you can sue Amazon if they should have known better than to hire the driver. For example, suppose the delivery driver struck you because they were driving drunk, and Amazon hired them as a driver even though they knew the driver had a history of DUIs. In that case, you can sue Amazon for negligent hiring.

However, perhaps in an effort to protect its deep pockets, Amazon frequently hires delivery drivers as independent contractors, thus shielding themselves from legal action. Under the above-mentioned legal theories, employers are responsible for the actions of employees. Under the law, independent contractors are not considered employees, and the people they work for are usually not responsible for their actions. This may mean you cannot sue Amazon because one of their delivery drivers hit you.

No matter who caused the accident, if you were injured due to the negligence of another driver, you have the legal right to make a claim. Some of the most common causes for commercial vehicle accidents are distracted driving, speeding, unsafe lane changes and impaired driving.

Contributed by: Ribowsky Law- Queens Personal Injury & Accident Lawyer, 109-12 Jamaica Ave, Richmond Hill, NY 11418.

Middle Village Bagels Named Best Bagel in Queens

glendaleregstg on February 15, 2024

Middle Village Bagels, located at 79-16 Eliot Ave, was named Queens’ Best Bagel by the Queens Chamber of Commerce.

The nomination process included over 55 of Queens’ top bagel shops in a public vote. Over 3,000 bagel connoisseurs across the borough cast their votes in what the Queens Chamber of Commerce called the “closest vote of all the competitions.” 

Assemblywoman Catalina Cruz awards Middle Village Bagels ownership with a certificate.

The owners of Middle Village Bagel and Chamber President Tom Grech were joined by Assemblywoman Catalina Cruz at the shop to award the top bagel business a plaque and certificate of their new title.

The Queens Chamber of Commerce has held similar vote competitions to name the best taco, best pizza, best empanadas and best barbecue in the borough. Voters ranked Utopia Bagels and Rockaway Bagels second and third respectively in the competition.

The winning bagels. Courtesy Queens Chamber of Commerce

POL POSITION: Drugged Driving Battle Heating Up

glendaleregstg on February 15, 2024

While we visited the State Capital Monday, we were greeted with unexpected Senate passion for a few legislative initiatives we see as important. First; The Drugged Driving Bill is picking up steam. Senator Mannion and Woodhaven’s native son Senator Joe Addabbo are fighting to get this bill into law. It would essentially make it illegal to drive impaired on marijuana.

What, you say?

It’s not illegal now?

Nope.

The State’s definition of impairment is tied to alcohol, not drugs.

Crazy, right?

Well there is another side to this. There are those legislators who don’t trust law enforcement, and giving cops any more ability to stop and arrest someone is seen as violating the right to live free.

Hey, we’re all about being voluntarily impaired. But stay home!

Second, we were impressed to see Woodside’s freshman Assemblyman, Steven Raga speak about, and sign on to a bill that supports community media. QPTV, BRIC and Bronx Net happened to be up on Albany getting talking on what they see as a change that could put them out of business in 5-years. Cable companies have funded their existence since the mid 80’s. Their multiple cable TV channels are basically the only place for people to find out what is going on at their local library, the many cultural places in the boroughs and even community board meeting listings.

Readers can find them in our papers too, but community media like public access TV is essential to fund. ‘Cord Cutting’ has led to a lack of funding and while other states have had an excise tax (one which can not be passed along to the consumer) on streaming services we have none. Part of that tax goes to public access networks.

Public Access broadcast agencies operate programs that teach regular people to use professional video equipment to produce videos for a public need. Those videos are used on their channels. One producer, Dr. JJ Abularrage, is a doctor out of NY Presbyterian Queens. He spoke quite passionately about how his work as a producer with QPTV was essential for his passion on doctor/patient relationship. “I could not have set up these learning videos for the doctors at my hospital without QPTV,” he said. “I know it saved lives.”

“I love BRIC,” said Greenpoint Assemblywoman Emily Gallagher. “Community media is essential.”

Glad to see the support of a bunch of other Senators and Assembly members who spoke about their support at the press conference on the 4th floor of the Senate area.

IN OUR OPINION: The Perfect Storm For The Migrant Violence

glendaleregstg on February 15, 2024

Migration to NYC is nothing new. In the 1800’s, early 1900’s and during the wars in Europe, people fled here for a multitude of reasons. We just handled it better. The immigrants came to New York then, just as they are now.

It’s been nearly two years since this new migrant crisis started. Just like it was in the early 1900’s and Ellis Island, new people are arriving daily, if not weekly.

Here’s the difference; we had a plan.

Similar to other times when migrants came here, many people are able to live with relatives. Although it creates a housing problem in many neighborhoods where people are living in spaces meant for far less people, there are still many migrants who are in our migrant housing programs for housing.

It’s living in shelters. It’s living on Randall’s Island, Floyd Bennett Field, at the Roosevelt Hotel and we know there are dozens of other shelters.

The perfect storm has arrived. In perfect storm situations Mother Nature takes over and an inertia is created that can’t really be stopped.

The perfect storm in the migrant crisis results in migrant-on-migrant violence, a lack of regard for police – leading an even more dangerous lack of respect for anyone. 

They can’t work, they have little to do but hang out in public spaces, just watching, wondering and waiting. And since it’s been nearly two years it has reached a perfect storm where migrant gangs grow and a crime wave persists.

While, for the last year or so, we have been worrying about retail stores closing because criminals know they can’t be prosecuted, the migrant community has now realized that ‘thuggary’ might be the only way to survive at the moment. 

We don’t entirely blame bail reform. We can’t entirely lame the mayor for calling migrants here. We remember when he exclaimed, “We’ll take em.”

We can’t entirely blame the legislature for hot figuring out a way they can get work visas. It’s everything … all at once.

The Woodhaven Beat: A Tale of Murder in Woodhaven, Part 2

glendaleregstg on February 7, 2024

By Ed Wendell 

Last week, we brought you the story of the murder of Professor Wilfred Phineas Kotkov of Woodhaven. It was a frigid night in February 1921 and the professor was attacked and brutally beaten with an iron bedpost in an empty lot on Liberty Avenue. Kotkov succumbed to his injuries, leaving a young wife and two children behind.

Two young men were identified at the scene and once at the station, they confessed and gave up their friends. There were immediate calls for swift justice; newspaper editorials called for the ultimate retribution – the electric chair.

Peter Nunziata was the youngest person ever sentenced to death in the State of New York, paying the ultimate price for his part in the murder of Professor Wilfred Phineas Kotkov of Woodhaven.

Within a week, indictments were handed down and the trial of 17-year-old Peter Nunziata began just 5 weeks after the attack. Nunziata, the youngest of the four attackers, denied any role in the attack and claimed that his confession was beaten out of him by police.

The jury deliberated for less than two hours and found Nunziata guilty, and the judge set the date of execution as June 5th. Peter Nunziata was the youngest person ever sentenced to death in the State of New York.

The second young man to go on trial was Joseph Alfano of Brooklyn. He shared the same lawyer as Nunziata and his defense was basically the same, stating that he was beaten badly by police and that the confession was handed to him with the order to sign it – or else!

The trial lasted 2 days and Alfano was found guilty. Days later, Alfano wept like a child as he was sentenced to death and transported to Sing Sing, his execution scheduled for just a few weeks after Nunziata.

The remaining two men awaiting trial – Frank Cassesso, and Alphonso “The Turk ” Verona, no doubt swayed by the results of the first two trials, rushed to plead guilty.

Nunziata and Alfano’s lawyer immediately appealed their death sentences, based on their sanity and their age, and these efforts were immediately denied. Finally, on June 6th 1922 (Nunziata’s nineteenth birthday) he was told that he was out of appeals and would die in just over a month.

With hours to go, Nunziata’s last chance evaporated when Governor Nathan Miller of New York refused to grant him clemency.

“Am I to stop the execution of the law because the defendant was slightly under 18 when the crime was committed? If so, where shall the line be drawn? A few weeks over or a few weeks under 18 can make little difference on the question of responsibility,” he said.

“This was a calculated, deliberate, brutal murder for a sordid purpose.”

The night of his execution, Nunziata was visited in the death house by his parents and other members of the family, who came from their home in Williamsburg. None of his family was permitted to embrace him or touch him in any way, a heavy mesh screen keeping them a foot away from his cell door.

His family had brought a bounty of food, but Nunziata was not allowed to have any. Instead, he requested that it be divided among the twenty-nine other condemned men occupying nearby cells.

When it came time to take the final, fateful walk to Old Sparky, Nunziata’s family members were consumed with grief as they said goodbye. Nunziata had remained calm throughout the visit, but seeing his parents in tears shattered his resolve.

But he gathered his composure and comforted members of his family by telling them that he was glad his troubles would soon be over.

“I am ready,” he said, and turned his back on his family, and walked past the cell doors of other men who were also soon scheduled to die. Ten minutes later, Peter Nunziata, nineteen years old, was pronounced dead.

It would be a year later that Alfano would take a similar trek to the electric chair, paying the ultimate price for his part in the murder of Professor Wilfred Phineas Kotkov of Woodhaven.

Of the remaining two men arrested for the crime, little is known. Cassesso served his time and, upon release, disappeared. And Alphonso “The Turk” Verona of Woodhaven, believed by many to be the devious mind behind the brutal crime, was eventually released from prison in his 50s and took up residence in Richmond Hill, where he lived ten quiet years until passing away at age 62.

This fateful night over 100 years ago is a tragic tale that ruined the lives of Kotkov’s wife and children, while also ruining the lives of the families of the young men executed for their brutal act of violence, a terrible tragedy all around.

The Woodhaven Beat: A Tale of Murder in Woodhaven, Part 1

glendaleregstg on February 1, 2024

By Ed Wendell

On a frigid night in February 1921, Professor Wilfred Phineas Kotkov got off the train at Boyd Avenue (88th Street) and cut across the empty lot at the corner of Benedict (87th Street) and Liberty to get to his home where he lived with his wife and two children.

Loitering beneath the station steps, four young men lay in wait with robbery and mayhem in their minds, waiting for someone who appeared prosperous enough to rob. When the professor crossed their path, they drifted behind and followed him across the dark, empty lot.

The young toughs attacked from behind and the 36-year-old professor of philosophy at the Jewish Theological Seminary in Manhattan was no match for them. Blow after blow rained down on the fallen man’s head.

When they emptied his pockets, they found that Kotkov had just a few coins and had to settle for his horn-rimmed glasses, fountain pen and gold watch before fleeing.

When police arrived at the scene, they found Kotkov lying face down in the snow, a bloody iron bedpost at his side. He was rushed to Mary Immaculate Hospital in Jamaica where he lay in a coma.

The four young men had been spotted fleeing the scene and witnesses pointed out 2 of them loitering nearby. Police quickly apprehended Peter Nunziata and Joseph Alfano of Brooklyn and dragged them to the precinct.

The two men quickly confessed and gave up the rest of their gang, Frank Cassesso of Brooklyn and Alphonso “The Turk” Verona of Woodhaven. When Professor Kotkov died, the assault and robbery charges were upgraded to murder.

There were immediate calls for swift justice; newspaper editorials called for the ultimate retribution – the electric chair. And the wheels of justice were indeed swift.

A headline in a February 1921 edition of The Leader-Observer breaks the news that Professor Wilfred Phineas Kotkov had died from injuries sustained in a brutal attack by four young men.

Within a week, indictments were handed down and by the first week of April, just over 5 weeks after the attack, the trial of Peter Nunziata began. The 17-year-old was the youngest of the four attackers and a cool customer in court, often seen yawning during testimony.

A witness told how she watched from her kitchen window as the young men chased Professor Kotkov down and beat him. The Professor’s widow told the jury about the dreams of a happy life that had been shattered; she fainted in court when shown her late husband’s glasses and fountain pen, which had been a gift from her on his last birthday.

Nunziata’s legal defense was a vigorous one. His lawyer, Edward Reilly (who would later defend Bruno Hauptmann), declared that it was Verona of Woodhaven who killed Dr. Kotkov. He also claimed that Verona induced his client to go out on this fatal errand by intoxicating him with liquor.

When it seemed that this argument was not persuading the jury, Reilly shifted gears and claimed that his client’s confession was beaten out of him by the police and that he was just in the wrong place at the wrong time.

Professor Wilfred Phineas Kotkov, 36-year-old professor of philosophy at the Jewish Theological Seminary in Manhattan, was on his way home to his wife and 2 children when he crossed paths with four young men with robbery and mayhem in their minds.

“The detectives bungled this case, jumped to conclusions and then presented their facts to the District Attorney,” Reilly said in his summation, “It is your duty to acquit this defendant.”

But this failed to persuade the jury as they deliberated for less than an hour before coming back with a verdict of guilty. Nunziata sat unmoved as the verdict was read and as the judge explained to the young man that he would soon face death in the electric chair.

The judge set the date of execution as June 5th, about 6 weeks away. The attack, the investigation, the indictment, the trial, the deliberation and the sentencing all took place within a 105-day window. The public demanded swift justice, and they received it.

Peter Nunziata was the youngest person ever sentenced to death in New York and he received the sentence without flinching. He was escorted out of the courtroom to a car waiting to drive him to death row in Sing Sing, where “Old Sparky” was waiting.

Next week we will find out what happened to Peter Nunziata and the other defendants in the trial of the murder of Professor Wilfred Kotkov of Woodhaven.

PS Some of you may have noticed that Professor Kotkov’s home and the site of the attack are in Ozone Park. But keep in mind that in those days, that was still considered Woodhaven.

Second Annual Tech and Job Fair at the Jamaica Performing Arts Center

glendaleregstg on January 31, 2024

By Athena Dawson | news@queensledger.com

On Saturday Jan. 27, the Queens Borough President’s office hosted their second annual Queens Tech and Job Fair at the Jamaica Performing Arts Center. Dozens of people showed up in their professional attire with their resumes in tow to network with the participating companies. The  Queens Tech & Job Fair featured many workshop and networking opportunities targeted towards people of color and disadvantaged residents who were interested in the tech industry. Some of the companies and organizations featured included JobsFirstNYC, Hood Code, Greater Nexus,  All Star Code, and Urban Upbound. Residents interested in one-on-one mentoring met with the Black Cornell Tech Student Association in partnership with Meta.

Deputy Borough President Ebony Young explained the importance of the event for the local community. “This all came from the problem right, there is a HR&A report commissioned by Google and Tech NYC that gives a whole synopsis around the state of tech in New York City and unfortunately Brown and Black people sit at the bottom of that report.” 

Networking at the Queens Tech and Job Fair

Young emphasized the importance of creating an ecosystem to nurture local talent and push them into tech. “The ecosystem, really from the borough president, starts with how do we inform people differently? That’s why we have Sky High and JobsFirst here to really look at artificial intelligence using that as a skills based analysis to look at what are your entry points and skills,”  she said.

Many of the residents, like 27-year-old Malik Dixon, an IT admin, were eager to network for opportunities. “I wanted to see what else is out there, if there’s anything that I might not know that is recommended by someone else. Honestly it’s mostly about networking right now… even if you have the skills you have to know someone,” he said. 

For 28-year-old Ph.D. student Liam Albright, his position on the executive board of Cornell Tech Black Student Association aids in fostering inclusivity and equity within the tech space. He felt the job fair was a way to encourage more people to branch into the tech industry. “We’re basically providing general mentorship and advice for anyone interested in careers in tech and higher education in tech. Giving advice on how they can get involved and boost their resume… just general advice for breaking into the tech field.”

Job seekers gather at the Jamaica Performing Arts Center for the second annual Queens Tech and Job Fair

The job fair is part of the borough president’s office’s multi leveled initiative to build Queens into a technology hub. In July, Richards and Young visited Lagos Nigeria, dubbed the Silicon Valley of Africa to incorporate some of their success into the creation of a Black tech hub in Queens. The initiative has already created Greater Nexus through the Greater Jamaica Development Corporation. Opened in 2022, Greater Nexus is a brand new, state of the art co-working hub located in downtown Jamaica.

Shooting Hoops For Mental Health: Queens Borough President’s Office Hosts Mental Wellness Basketball Clinic

glendaleregstg on January 31, 2024

By Athena Dawson | news@queensledger.com

On Saturday Jan. 27, the Queens borough president’s office hosted a Queens Mental Wellness Basketball Classic at St. Francis Prep high school. The event was sponsored by Metro Health Plus and Ponce Bank, and featured other local organizations that deal with mental wellness throughout the borough. The basketball game was a friendly event between elected officials and their staffers, NYC agency employees, city employees and NYPD officers. 

Clare Collins, interim director of health and human resources, came up with the idea to do the basketball classic as she is a basketball fan. “We had a staff soccer game and I was like, we should do a basketball game. Let’s invite elected officials, and it turns out January is mental health awareness month so this is perfect.”   

Local elected officials and city workers play a friendly basketball game at St. Francis Prep

Collins worked with her supervisor Kalil Bragg, a St. Francis Prep alum, to organize the teams, reach out to organizations and book the space. Bragg, who is the director of community boards, felt the basketball game was a great way to bring mental health awareness to the community. “We’re just trying to bring awareness to mental health, we want to make sure the Queens community is taking mental health seriously and we want to do it in a fun and engaging way,” he said.

Family members and supporters filled the bleachers in the gym as the friendly game between team gray and team blue began. The basketball game was high energy and closely matched in the first half, with the gray team leading 30-28 before half time. Halftime featured a step show performance by the St. Francis Terriers Cheerleading team, which brought a round of applause from the energetic crowd.  

The teams wait eagerly to get possession of the ball at the free throw line

At half time, Queens Borough President Richards spoke about his optimism in playing the rest of the game. “I’m feeling good. It’s for a good cause, the opposition is holding our own but we’re going to turn it up the next half for our borough. Once again we are focusing on our mental health and finding these moments…I’m glad we can show that we can have a little fun too and let our hair down,” he said.

Assemblyman Ed Brosnstein made an appearance, dropping points on the court, and expressed his excitement about the basketball game. “It’s an opportunity to spread awareness about positive mental health, and it’s also an opportunity to play basketball with the community,” he said. The game came to an end with a final score of 59 to 53, with gray being the winning team.

Community members cheer on their family and coworkers at the basketball classic

Residents Celebrate 220 Years of Haitian Independence at Queens Borough Hall

glendaleregstg on January 25, 2024

By Athena Dawson | news@queensledger.com

Community members and local government leaders gathered on Wednesday Jan. 24 to celebrate the 220th year of Haitian independence at Queens Borough Hall. 

Led by revolutionary figure Toussaint Louverture, The Caribbean country was the first Black country to emancipate itself from slavery in 1804. Haitian Independence Day falls on Jan. 1 and is celebrated throughout the Carribean island and the Haitian diaspora at large. 

The event kicked off as audience members mingled in English and Creole while they enjoyed hearty plates of griot (pork), picklez (pickled vegetables) and bañan peze (fried plantains). 

Community activist Sabine French kicked off the event with opening statements about the impact of Haiti’s independence on the Black diaspora at large.

“It’s not just Haitian independence, it was the first Black nation’s independence. It was a win for all of us. So tonight we are all celebrating the uprising of the first Black nation,” French said.

A large turnout at Borough Hall for the celebration

Following French’s speech, Apostle James Duncan of Christ Church International said an  invocation for the crowd. NYPD officer Rueben Jasmin then got the crowd on their feet to sing along with his passionate rendition of the Haitian national anthem, “La Dessalinienne.”

 Natalie Francois, a DOE educational administrator, took the stage during the ceremony to speak of Haiti’s significance outside of the Caribbean and its impact across the world.

“If we look at our flag… it says that together we can accomplish great things. That is exactly what Haitian independence and history has done. Haitian independence has made it possible for great things to happen, not just for Haiti but for other countries,” she said.

 Francios alluded to her intimate experience of being a Haitian immigrant who felt the importance of passing on to her culture and traditions to her son while living her life in America. 

“I didn’t want to come but here I am thriving, but then what did I do? When I had a child I shipped him right to Haiti. He was an American born child that grew up and went to school in Haiti,” she said. “ It just brings everything full circle, me not wanting to come [to America], but him wanting to go [to Haiti].”

Honorees Dayanne Danier and Rachelle Antione are given plaques at the Haitian Independence Celebration

After Francios’ speech, the program transitioned to a musical performance by local Haitian artist Smooth Jude, who sang ballads on stage while playing the guitar for the jubilant audience.

Closing out the ceremony, Queens Borough President Donovan Richards Jr. thanked the crowd for coming and hosted an awards ceremony for standout community members.

“It is important to me that my office continues to create a safe haven for Haitian residents in Queens. We have to continue to pass this history down to the next generation,”  Richards said. 

The attendees honored were Rachelle Antoine, manager of external affairs and community outreach for the JFK redevelopment program, and Dayanne Danier, fashion designer and founder of Bien Abye. The event came to a close with a touching rendition of “Ave Maria” and “I’ll Rise Up” by local singer Greca Luc. 

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