When government changes your customer’s address / City of Yonkers sued over fire Inspection / Elevator mishap May 3, 2021
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KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** When government changes your customer’s address / City of Yonkers sued over fire Inspection / Elevator mishap May 3, 2021 ********************** When government changes your customer’s address ********************** Ken Bristol, VA is changing approximately 7,600 of their street addresses (sometimes numbers, sometimes names and numbers). We were able to compare that list against our customer database and identified some affected customers. The question we have is what do we need, if anything, from the customer to change their address in our system? If a municipality is mandating the change, can we use information from 911 or do we actually need something from the customer? Thanks for your help with this. We haven’t encountered this before. Best, Chris ************************** Response ************************** This can’t be the first time a government has changed a street address, though this is the first time it’s been addressed in this forum. I haven’t seen the law or ordinance that mandates the change so I don’t know if the elected [or appointed] geniuses have taken the consequences of the change into consideration or made any coordination arrangements. Let’s assume they haven’t; just change; just like that. I don’t believe you need anything from the customer. I do recommend that you notify the customer that you are aware of the law and have made the appropriate change in your records and notified the central station of the change of address. You can invite the customer to contact you if they have questions or concerns, but I don’t believe you need any confirmation or consent for the change. ******************** City of Yonkers sued over fire inspection ******************* Property owners commenced a class action against the City of Yonkers and its mayor for requiring property owners to pay inspection fees pursuant to the New York Uniform Fire Prevention and Building Code and the Yonkers Fire Code. The City and Mayor failed to ensure that the annual inspections were performed. The court dismissed all but one cause of action basically holding that no private right to enforce the law existed, that there is no cause of action for contract or negligence. The remaining cause of action, that the annual fee is an unconstitutional tax survived the motion, but only because the motion challenged the sufficiency of the complaint. My guess is that the action will ultimately be dismissed. Your tax dollars at work. WMC Realty Corp v City of Yonkers ******************** Elevator mishap ******************* Plaintiff was injured when she stepped into an uneven elevator [floor of elevator not flush with landing]; she sued the property owner and the elevator repair company under contract to service and repair the elevator. [sort of like you getting sued for alarm, camera or access control]. The court dismissed the action against the elevator company, holding: “An elevator company which agrees to maintain an elevator in safe operating condition may be liable to a passenger for failure to correct conditions of which it has knowledge or failure to correct conditions of which it has knowledge or failure to use reasonable care to discover and correct as condition which it ought to have found. Here, Ultimate established its prima facie entitlement to judgment as a matter of law by showing that it did not create or have actual knowledge or constructive notice of the defect causing the elevator to mislevel.” Citation omitted. Kim v Park Hill Owners and Ultimate Elevator Corp ********************** To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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