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Janette Sadik-Khan Subpoenaed in Brooklyn Bike Lane Suit

Tuesday, July 12, 2011 - 06:45 PM

Sign on Brooklyn's Prospect Park West bike lane (Kate Hinds)

Opponents suing New York City over a bike lane on Brooklyn's Prospect Park West have made good on their threat to issue subpoenas, and they want a host of city officials - including New York City Department of Transportation Commissioner Janette Sadik-Khan and Brooklyn City Council member Brad Lander -- to appear in court.

Jim Walden, the attorney representing Neighbors for Better Bike Lanes/Seniors for Safety, sent out an email on Monday that read: "The City is trying to avoid litigation on a technicality, which is based on a lie. After having told the public and various elected officials the bike lane was a trial project, the City now makes the incredible claim the lane was permanent all along, and that our suit was filed too late. The City is desperately trying to avoid litigating the merits of our suit because it cannot justify its misuse of data and failure to conduct a proper safety study."

The New York City Law Department confirmed the  today that the DOT commissioner had been subpoenaed, along with four other people at the agency: Jon Orcutt, Christopher Hrones, Ryan Russo, and Josh Benson.

The city's attorney, Mark Muschenheim, said in a statement that "an evidentiary hearing is not warranted in this type of case. We will move to quash the subpoena, and are confident that our motion will be granted. Moreover, the documents filed with the court provide ample information for a decision to be made on the lawsuit's merits, and we believe that after a review of this record the court will support the City's actions."

The statement went on to say there's a chance the judge in the case, Justice Bert Bunyan, will forbid testimony.

Walden had previously sought a delay in court proceedings so he could receive and review documents from additional Freedom of Information Law requests. The justice in the case denied Walden's request. The next date in the court case is July 20.

 

 

 

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Comments [8]

lasscat

Bikelanes are a danger. 95 percent of bike riders fail to obey traffic laws. They constantly disregard stop signs, traffic lights, vehicle indicating when changing lanes or turning. They constantly run pedistrains back to the sidewalk. You bikers have always been reckless but now the bike lanes make you believe that you acutally have a right to ride the street as if you are in vehicle, in which you are far more dangerous than a driver. many times, when i'm walking or driving, I see bikers weaving in and out of the bike lane, cutting in front of cars, squeezing through. You bikers need to obey the law. If the light is red, stop and wait. If a car in front of you is turning, don't start peddling harder to try to pass him when he is about to turn. Stop riding your bikes against traffic, you're suppose to go with the flow of traffic. You bikers are a danger and reckless. You need to be fined daily for your infractions.

Aug. 19 2011 10:51 AM
Disappointed in WNYC

It's amusing to hear this Gibson Dunn attorney Jim Walden complaining about a legal "technicality." Walden is the lawyer who just recently devastated one of Brooklyn's outstanding cultural institutions, the St Ann's Warehouse, on a "technical issue."

http://www.nytimes.com/2011/06/04/theater/st-anns-warehouse-in-brooklyn-facing-a-nomadic-future.html

As in the case of PPW, on the St. Ann's Warehouse case Jim Walden was doing "pro bono" work for some of Brooklyn's wealthiest and most politically powerful residents -- the Brooklyn Heights Association.

Who the hell is this guy and what does he want? Why does Kate Hinds keep publishing his bogus accusations and smears without any kind of check? Every single accusation that Jim Walden has made regarding the PPW bike lane has been proven to be demonstrably false. Read this and see for yourself:

http://www.streetsblog.org/2011/06/16/citys-response-to-ppw-lawsuit-matter-of-factly-dismantles-nbbl-claims

Jul. 13 2011 07:26 PM
steve

Nancy, car drivers have killed 75 people so far this year and over 250 last year, most of them pedestrians. You know how many pedestrians were killed by cyclists in the past two years?

Zero.

Car drivers are different than cyclists in that they are mostly a danger to others, not themselves.

Jul. 13 2011 12:25 PM
VLM

Good one, Nancy. You know what's more dangerous than bikes? Cars. Try that one on for size.

Jul. 13 2011 11:29 AM
Nancy B

Bike lanes are a terrible idea, particularly this one. Although I bike, I'm ready to see bikes and pedicabs banned -- too many run lights, go the wrong way on one way streets, and don't use bike lanes anyhow. A danger to themselves and others.

Jul. 13 2011 11:25 AM
NiBBLer Watch

Meanwhile, back on planet Earth, thousands of people are using the PPW bike path daily, including many unaccompanied children whose parents never would have dared to let them ride on the old PPW; traffic is moving along just fine absent the rampant speeding that once plagued the avenue; and thousands of pedestrians are crossing the bike path without incident. Time for these selfish, sociopathic bullies to drop their suit and drive off to their country homes.

Jul. 12 2011 09:54 PM
Steve

Ah, the desperation of a bad lawyer who knows his "case," if he ever had one, is going down in flames. The only strategy left is to make sure you burn everyone on the way down.

If there was ever any evidence that this case has zero to do with safety and everything to do with maligning the good name of JSK this Hail Mary move is it.

Walden has nothing and he knows it. This case has only ever been a PR stunt designed to hurt Bloomberg. The sad thing is, these selfish, misguided people don't care if they hurt average New Yorkers in the process.

The city is safer under JSK, far safer than it ever was under Weinshall. Shame on Iris, Chuck Schumer, and anyone else who doesn't have the good conscience and integrity to come forward and stop Jim Walden from firing his buckshot all over the city.

Jul. 12 2011 08:36 PM
Dave

Jim Walden's publicist didn't send out a press release about CUNY's refusal to release Weinshall and Hainline's PPW correspondence, therefore the local press can't write about it. Even a relatively high-quality outlet like TN seems intent on letting this flailing, desperate, mad dog attorney drive the narrative on this story. Sad but true.

Jul. 12 2011 07:31 PM

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