Legal Question in Landlord & Tenant Law in New York

parking laws Albany NY

I work for a large restaurant company who is anchored to a mall. The mall management has informed us that anyone who works on mall property must park in a rear lot approximately .5 miles from our store location or their cars will be towed. The emplyee parking is very far from our business and poorly lit as well as very unsevure particularly at night. I have had staff vehice broken into and people are afraid to park so far away . The mall security comtinues to harass our guest as well as our staff with threats of towing vehicles and in one instance towed a fellow manager. My question is if this is a public parking lot with no signage about their policy can they tow and what must they do legally to be able to do so.


Asked on 5/14/08, 6:56 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: parking laws Albany NY

The answer is fact specific. You must look at the language in the lease agreement between the mall and the restaurant company. If the lease states that the restaurant must follow the rules and regulations of the mall, then your employees will have to park in the employee lot.

HOWEVER, if parking in the employee lot is dangerous, you may place the mall on notice about the dangerous condition. The notice should be clear about the dangerous condition and why it should be remedied. If an employee is injured as a result of the condition, that individual may have restitution against the mall.

Mike.

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Answered on 5/15/08, 8:54 am


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