her 30s killed six other people. right at bruckner boulevard, east 138th street. happened. again, the truck swerving to avoid a black suv that had cut in to its lane, the driver of the truck losing control and slamming in to that for now reporting live from the bronx, jim dolan, channel 7 eyewitness news. now to the playoff series mets. we have learned chase utley, despite having a good record against matt harvey, is not listed in the dodgers' starting lineup tonight. >> he could still take the field but he's not going to start. major league baseball has already ruled what you're seeing here is an illegal slide but utley is appealing and until there's a ruling on that appeal he can still play. game 3 at citifield beginning in just a few hours from now. we've got two reports from the ballpark. >> anthony johnson is with the fans, but first rob powers. >> game 3 of this national league division series takes on

a whole new meaning because of what happened in game 2 between ruben chase games. this is where the story gets twisted because utley has we were told last night major league baseball would expedite before this game. now that's apparently not the case because gather evidence. to add insult to tejada's season-ending and oh, so painful injury, utley will be eligible to play tonight but he's not in the starting lineup. mets manager terry collins spoke at the ballpark minutes ago. >> we've got to go get ourselves ready to play a baseball game. we can't worry about what happened two days ago. it's over. we've got to move on. we've got to go play baseball. and the minute we make this some type of grudge match we're going to make some mistakes and we can't do that. >> this afternoon a statement from chase utley, i have nothing more to say other than to reiterate that i feel terrible

about ruben's injury. now my teammates and i game 3 and doing everything we can to win this series. everybody has an opinion about this, even mayor de blasio. >> he can appeal all he wants but he's guilty as sin. that's a tackle. i didn't get to watch the game. >> the mayor is expected here at the game tonight but he won't be the only one. tens of thousands of his closest friends will be along with him here at citifield. for more on the fans, anthony johnson joins us here at citifield. >> what a beautiful afternoon and evening for a baseball game. let's take a look live outside of citifield. we're standing right outside. you can see the fans are lining up already ready to go through the gates. as soon as they open those gates, those fans will be going and you know no matter when chase utley gets in to the game tonight, if he gets in to the game, these fans are ready to let him have it. >> let's go mets!

>> the earlier arriving fans plan to give chase utley an unfriendly welcome when he steps on the field. >> what will that he's announced be like? >> anger and hatred. i know hate is a strong word but i'll be being him. >> reporter: he says the mets should be focused on winning. he and friends went to the giants game last night and got here noon today to start their pregame party. he says utley will feel the fans' frustration. >> chase utley already knows what kind of reaction he's going we didn't like him in philly. don't like him now. >> reporter: more than anything, the mets fans say the best payback is winning this series over the dodgers. >> every year it's the yankees, yankees. it's our time. . >> like the phoenix, we have risen, and tonight we stand on the precipice of disaster or glory. and i'm going for glory

as dawn on quixote. >> glory-- as don quixote. >> that's what they're hoping for, they say that would be the best payback. the mets fans are start ing to arrive excited about tonight's game. that's the latest from outside citifield, anthony johnson, channel 7 eyewitness news. let's go back over to my partner rob powers. >> all right, anthony. thank you very much. so we get ready for the game tonight. we know chase utley will be in the other dugout and we know ruben tejada well. that is one pregame introduction that i cannot wait we're live at citifield. we've got more throughout the day. rob powers, channel 7 eyewitness news. >> talk about drama. a lot of people have been sharing photos showing mets pride and fever. use bc7ny when you post your stay tuned to eyewitness news for coverage of the game and utley's appeal. >> go mets. in

other news, a search is still underway for the gunman who killed the mother of a 3-year-old boy shot outside a manhattan nightclub. fossette and two others were shot outside district. kemberly richardson is at bellevue hospital with more on what set off the gunfire. >> the mom and dad, sisters, brothers, cousins have all been here at the hospital. their world has been turned upside down. she was shot and killed early this morning. her best friend was right next to her. she was also hit and is here at the hospital. tonight police tell eyewitness news they know who they are looking for. a suspected gang member from the bronx with a dozen prior arrests. >> wherever you are out there, you just destroy an entire family. >> reporter: emily is talking about her step daughter, friends

called her wally. this picture of the 24-year-old was taken a few hours before a man opened fire outside of a club here on east 21st street. she was a single mom, fatally hit in the back. >> i just hope the police catch them before i do. if i know anything of them, any pitches, i will search myself because he should pay. >> a suspect who police say got in to an argument with someone morning. a bouncer told the suspect to leave. and on his way out threatened to go to his car and get his gun. this man who didn't want to show his face works next door to the hot spot and saw what happened next. >> when he say that, and he start shooting. >> in the hail of bullets, she morning. she was standing with her best friend and a bullet struck her in the hip. the ladies were outside waiting for a third

woman who was also hit in the shoulder, all of the ladies were innocent victims, not the intended targets, caught up in the middle of a petty beef. police say the suspect took off in a black bmw. >> i hope he gets 25 to life. definitely. >> reporter: she worked in sales, lived in the bronx. her 3-year-old son alex was the now devastated, family members are trying to find out how to break the news to the little boy. >> he won't be able to sleep without his mother. he asks for her every moment. she's his everything. >> again, both victims who lived through this, they're here they are back at that club on east 23rd, there are many security cameras in that area, footage detectives are no doubt looking at tonight. for now we're live outside bellevue, kemberly richardson, channel 7 eyewitness news.

about a brooklyn elevator accident that killed a man. the new york buildings commissioner issued a statement saying the his type of elevator has a, quote, potential deficiency. goes on to say only a few of these elevators are used in new york and owners are being told to test them. the accident on october 2nd killed 37-year-old aaron mota. investigators say he became stuck between the elevator and a floor at a building in williamsburg. police in new jersey investigating a hit-and-run after a woman was found badly hurt on the side of the road. anna was found along route 46 and clifton late thursday night. she's now in critical position at the hospital. police say they got nearly a can cousin calls from drivers who saw the 22-year-old on the side of the road but no one actually saw her get hit. an alaskan airlines plane

heading to seal when it made an emergency landing. a credit card reader started melting apparently from a battery. no one was hurt. now to a beloved new york tradition. floats, marching bands, and a sea of spectators on 5th avenue for today's annual columbus day parade. the parade a celebration of course of italian heritage and it attracts a million people. lauren glassberg was there. >> reporter: for those marching and those watching, this day was about as good as it gets for a parade. and this parade, a celebration of italian american heritage. >> i was born in italy and we came 53 years ago so this brings a lot of my boys back. >> reporter: there's nostalgia and pride. >> i love to celebrate the positive things about italian american culture and that's what brings us out here. >> reporter: this is the 71st annual columbus day parade. both the governor and mayor,

italian americans, but 5th avenue is open to others as well like the globetrotters and senator chuck schumer who's perfecting his italian. >> you don't have to be italian-american to enjoy it. >> no, i think everybody in the world enjoys this parade. >> reporter: and that is the new york way. >> it's great to be in new york. nowhere else in the world can you do this. >> reporter: when it comes to the numbers, about 35,000 people are participating in this parade, whether they're marching, riding, walking, or and they're representing 100 groups and organizations. the columbus citizens foundation organizes the parade of culmination of celebratory weekend that raises if you're wondering what happens after all of this -- >> we always eat. that's part of our culture. after this weekend we rest. we do have a meal but then we rest.

>> reporter: in midtown, lauren glassberg, channel 7 eyewitness news. >> and a good meal i'm sure. coming up, why a local school says it's canceling halloween. plus a molotov cocktail thrown at two students. it's what that made this more serious. >> new information about the woman charged with abducting a teenager in connecticut and the past problems she's faced. >> live cohost kelly ripa honored with a star on hollywood's walk of fame. the question is whose star is she next to? >> and we continue to follow that breaking news. newscopter7 over the port morris section of the bronx. a coca-cola truck went out of control and crashed in to a building. 12 degrees above great day for the parade and amazing weather tonight at citifield.

caring about the things that make each of our clients unique...

tonight we're learning more about the woman charged in an attempted abduction caught on camera in bridgeport. in court tomorrow. as neighbors talk with us about the problems eyewitness news reporter tim fleischer is live in bridgeport with more. >> that suspect is expected to be arraigned here in supreme court sometime early tomorrow morning.

tonight we should point out we're starting to learn more about the suspect and there's still even the question of a motive. >> you never know what nobody is capable of these days. >> reporter: chesia brown, like others that know towanna randall, is surprised this 35-year-old woman, described as a loner, is now being charged with multiple counts, stemming from a shocking abduction of a high school student. >> i seen video, but i didn't see who it was. i just noticed i'm like, i think that's the lady next door. >> reporter: that car, a toyota yaris, missing its back bumper, was a standout clue when bridgeport police released this shocking video of the teenager tumbling from the car in a daring escape after investigators say she was offered a ride last monday. the car was found here on chapel street in new haven outside this apartment building where neighbors say randall lives. >> then i'd seen all the cops come, they took the car and they arrested her and took her away.

>> reporter: charles artis and jenny richardson know towanna randall well, they say, including some of the trouble she's found herself in throughout the years. >> she was always by herself doing things, no business doing, she didn't have any business doing, you know what i'm saying? that's what took her to that place. >> reporter: police reveal randall has an extensive criminal record including robbery, larceny, and selling hallucinogenic drugs. what made her try to abduct this student is still without an answer. >> i don't know what i'll do, someone snatch any of mine's. >> reporter: police say they spoke to her briefly then she retained a lawyer and stopped talking. >> we don't have a motive yet. we'd like to know. >> authorities say she now

faces charges of reckless endangerment, also sexual assault. she'll be arraigned here in bridgeport tomorrow. eyewitness news. a guilty verdict in iran for a washington post reporter spy. jason reportedly faces up to 20 years in prison. he's been detained in iran for more than a year. he was serving as the bureau chief. the newspaper says it's working with his family and lawyer to swiftly appeal the verdict. vote 2016 and democrats running for president are preparing for their first debate in las vegas. bernie sanders and hillary clinton will share the stage with martin o'malley, lincoln chafee and jean webb. one possible name, joe biden. he's yet to throw his name in the ring for the oval officer. let's check your money. a little movement for stocks today.

stocks edged higher as investigators looked ahead to the release of corporate earning reports later this week. the dow rose 47 points closing at 17,131. points. points. >> don't get nervous. it says 7,000. didn't lose all of your 401k today. [ laughter ] >> thank you for pointing that out. >> did we do top 10 days for fall? because this could have been one of them. year. >> the director said to me, what are the other nine? very tough crowd. this was a top 10 and we're sticking with it. >> we've had 50 top 10 days this year. i don't know how to cram them all in. maybe the best year of weather. how about we just go with that after coming out of that miserable winter. we have bright sunshine and a great looking day to take the baby for a little stroll across the crosswalk or maybe a bike ride too. 70 degrees, the humidity at 47%. southeasterly wind at 10.

we hit 77 today. that's 12 above average. we'll be close r to that normal by midweek. there are your sunrise and sunset times and of course your records. last year in the state, sunshine and 63. a little closer to the normal average high. tribeca is at 70. belmont, 69. the warm spot is still poughkeepsie at 76, away from the cooler atlantic wind. 68, belmar and montauk. you may see rain just after midnight. mainly clear skies early. patchy clouds come in later on tonight. you wake up and a mix of clouds. probably overcast east of the city and partial clearing west of the city. first threat of a shower for most of us comes in late morning and will last through the early evening hours tomorrow. satellite is clear now but we're watching a plume of tropical moisture that's out in to the atlantic. that does not look like it's coming our way but if you look closely, an area twisting here. we'll see that counterclockwise flow. that's

an area of low pressure. that's going to go east of us, east by 150 miles and east of cape cod. we'll be on the western fringe of these showers here. i can see how the jersey shore, east end of long island, east end of fairfield gets brushed by a couple showers late tonight in to the early morning hours tomorrow. then we turn to the system to the west. pretty classic looking comma shape here. this front is approaching during the afternoon hours tomorrow. a couple shower threats there. all week long this conveyer belt of clipper systems coming from the northwest and knocking down our temperatures slowly. we started 77 on monday. then we'll be in the mid and upper 60s by the time we get to the end of the week. here's that cool air here waiting in the wings. west of hudson bay, below freezing. 74, couple showers tomorrow. mainly from midday on and it's not a washout. don't cancel the outdoor plans. we may have a line that slips through time to time. wednesday is a dry day, breezy. mixture of sunshine and clouds.

mid 60s by thursday. increasing clouds tonight . a few showers late. we'll be east of the city, mainly eastern long island and jersey shore. tomorrow, 74. mostly cloudy. shower or two especially from midday on in to the early evening then we'll turn partly cloudy and about 56. at 5:30, whether or not we say so long to the 70s after tomorrow. hopefully it's not till the end of the month. then rain returns on friday. that's in question. unseasonably cold this weekend. we'll get in to that in the 7-day accuweather forecast next half hour. still ahead, the local professor who's won a nobel prize >> plus, new information about the giants player affected with mrsa. just how serious his condition has become. >> getting onboard with airbnb. what a sitd city -- city in new jersey is doing to embrace the rent lss. >> a music producer gunned down in brooklyn. not the only

my name is amanda and i smoked while i was pregnant. my baby was born two months early and weighed only three pounds. this is the view i had of her in the nicu. my tip to you is speak into the opening so your baby can hear you better. you can quit. talk with your doctor.

a delegation from new york is in puerto rico to help the territory deal with its financial crisis. the group is going to work with lawmakers to review the public health system governor cuomo traveled to puerto rico last month. he pledged new

country deal with public debt. to know kelly ripa is to love kelly ripa. a couple hours ago she received a star on hollywood's walk of fame. her family, cohost, michael strahan joined her for the event. sandy kenyon with all the highlights. >> in the history of show business only about 2500 people have been honored with a star, those who have been around a while and most likely to stay around. today it was kelly ripa's turn to enter the pantheon. >> only the brightest stars get their own place here on hollywood's walk of fame but after more than a quarter century in show biz and almost 15 years as cohost of "live." kelly ripa has earned the honor. >> i really am certain that there are so many people who are

honor, but you will never find anybody more appreciative. >> reporter: her star has pride a place in front of the el capitan theater on hollywood boulevard, steps away from where jimmy kimmel tapes his late night show. >> there's no one like you, kelly ripa. you're the greatest. and that's why we got you such a good spot next to the car rental place and the tour bus. >> reporter: kimmel and joel mchale were there to cheer her on and so was her "live" co host michael strahan, producer, and disney executives. >> you have to surround ourfl -- surround yourselves with people better than you. >> reporter: most of us met her in 1990 on "all my children" consuelos. her star is next to the man she describes as a mentor, regis philbin. she gave tribute to the man she goes live

happier, funnier. >> reporter: ripa has won four daytime emmy awards but even those who have won oscars will no other. to get a star someone had to nominate her there. the hollywood chamber of commerce had to select her and every year. incidentally each of the honorees gets a plaque and you saw her holding that replica of the star. >> we certainly would have nominated her. we love her. she's fabulous. >> she's great. >> and her kids are growing up way too fast. >> i can't believe how big they are already. still ahead, a hate crime investigation. the last bottle thrown at two israeli men in midtown. tonight one victim describes the attack and what the suspect said before running away from the scene. >> and leave the mask at home. why one loc al school is

>> is your teenager a compulsive baby! i love that we're spending the weekend together. oh i know! hey, why don't you turn off your phone and all your stuff. good idea. it's off. mom? oh my internet is so slow when anyone else is using it. did you like want to do something? i am doing something. leave slow downloads behind. it's good to be back. the 100% fiber optics network gives you the fastest internet available for all your devices. get out of the past. get fios. it took the rockettes years to master the kick line. but only a few moves to master paying bills on chase.com technology designed for you.

so you can easily master the way you bank. should you get a flu shot? here's what one new yorker has to say. will you get your flu shot this year? i sure will! and why? well, because of my job. i come in contact with a lot of people that have the flu so therefore i try to protect myself. so you're a firefighter and you're out in the public and you want to make sure you're protected and probably they are too, right? correct. yes. if you have the opportunity to get a free flu shot, why wouldn't you?

get a flu shot today! we're back. we continue to follow a breaking story in the bronx. one woman killed, six others injured after a truck, that coca-cola truck lost control, ran on to a sidewalk and crashed in to a building. this happened at east 138th street in the port morris section. witnesses say the truck swerved to avoid hitting another car. another developing sports story. we learned dodgers' chase utley is not in the starting lineup for tonight's game 3 against the mets. major league baseball suspended utley from what they called an illegal slide. he is appealing the ruling. while he is not starting, utley could still end up taking the field. we'll have

updates on both stories coming up at 6:00. all new at 5:00, police looking for the man who threw a molotov cocktail in front of two students. >> the students weren't hurt but police are trying to determine if it was motivated by hate. it happened in midtown on 9th avenue and 37th street. >> rob powers is there now with details. >> at certain points during the year, new york city as seen an uptick in anti-semitism. all those incidents are disturbing. this one was particularly brazen. >> reporter: 19-year-old josef and a fellow student were in front of this building about 1:30 friday afternoon. according to his translator, it was just a routine day. >> they were doing jewish outreach activity. >> reporter: things quickly though turned ugly when police say a man who appeared to be intoxicated threw a molotov cocktail at the two young men and then even shouted, quote,

i'll come back with a knife and kill you. >> he was in complete shock. he didn't believe something like this can happen in manhattan, in new york in the year 2015. >> reporter: the bottle, which may have contained alcohol, did burst about three feet away from the two students. the contents combusting and starting a small fire, the stain of which can be seep on the sidewalk today. yosef and his friend were not hurt. >> very close but no contact. >> reporter: the fire was quickly put out by the business owner and the suspect left on foot. authorities were called in and are now looking at this as a possible hate crime. yosef, who's in new york for a study. >> because of the current security situation in israel, it's undoubtable him and his friends were the target solely for their being jewish. >> reporter: his friend did not want to go on camera when we caught up with the young man at

as for yosef, he remains undeterred by the violence. >> it says in the bible in exodus, the more the jewish people were oppressed, the more they strengthened in their belief and they continued proliferating and keeping strong to their faith. >> ironically enough this happened just as mayor de blasio prepares for a trip to israel. on his agenda during that trip is a speak on how to combat anti-semitism. rob nelson, channel 7 eyewitness news. >> thank you, rob. new york firefighters are heading down south to help a state in crisis. 13 active and retired members of the fdny packed up to head down to south carolina which has been devastated by recent rains. they're going to help with flood relief including delivery of supplies and food. >> it's so special for people around america that they get to see new york firefighters out supporting the cause. >> flooding

19 people in south carolina. roads and buildings were washed away and dozens of families were forced from their homes. giants say tight end daniel fells still in a tough bat -- battle with mrsa. he posted saying my heart is with my brother tonight, including the hashtag this will not defeat me. they scored in the final minute of the game to beat the 49ers then they made sure fells knew they were thinking about him. >> we dedicate the game to fells and his family. thank god we were able to give him the game ball. >> the team was able to skype with fells from his hospital room after the win and give him the game ball. charges will not be filed against dentist who killed the well known lion in zimbabwe. authorities are no longer seeking the extradition of water

palmer over the killing of cecil the lion. he's free to visit the nation as hunter. a district attorney in texas is now investigating the police tasing of a city council member. this is the same town where sandra bland was arrested over the summer. last thursday police in prairie view used a stun gun on 26-year-old city councilman jonathan miller. miller had approached the officers who were two of his friends outside his home. today the police chief said the department is examining video of the incident and reviewing its stun gun policies. >> make sure that we did what we should do and identify any deficiencies and again make any changes that are necessary as far as our procedures or any training that appears to be necessary. >> miller was charged with resisting arrest. police say one of the officers was also involved in the controversial

died in her jail cell three days after taken in to custody. a princeton professor has won the nobel prize for economics. angus deton awarded for his analysis called consumption, poverty, and public health. this afternoon he explained to students and colleagues of princeton the impact of the field of economics. >> economics is much closer to sociology. it's much closer to politics. it's much closer to geography. it's much closer to philosophy than has been for a really, really long time. >> he says he's grateful for the honor and hopes his research will help improve the lives of people in developing economies. a school in connecticut has canceled halloween. plus a dramatic rescue caught on camera. good samaritans rush to save a girl pulled out to sea. >> jersey city allows airbnb

rentals. >> two air scares, the engine on fire, the other smoke in the cabin. the showdown, hillary clinton behind closed doors and is joe biden about to jump in? a lotto official rigging the computer buying the winning ticket? the investigation going nationwide after e so, i needed to deposit a check. i was about to head to the bank, but out of nowhere it just started to rain. like really rain. [clap of thunder] i did not want to go out. [clap of thunder] but then i was like duh, just use your phone. mobile-deposit-techno-thingy to the rescue. i'm rayna. and i bank human at td bank. i'm bobby flay and new york is my home. there's no place like it in the world. come fall, i like to get a taste of everything the state has to offer.

or the award-winning vineyards of long island. this cooperstown brewery belongs in every beer lover's hall of fame. you can even try new york's exceptional cider and spirits. this fall, drink in the beauty of new york state. plan your trip at iloveny.com.

all new at 5:00, disappointment and anger in a community in connecticut after halloween festivities there have been canceled. the annual halloween costume parade at will not be happening. a letter to parents said because some children are excluded from activities because of their religious or cultural beliefs. the school district is also wear halloween costumes. a good samaritan's rush to help a young girl caught in a rip current in california. cell phone video shows two men in the water with the 11-year-old girl trying to keep her afloat. fishermen on the dock above them. the girl is in critical condition.

four other people were also rescued after they were swept away from shore. the people responsible for a 134-year-old south jersey landmark are turning their noses up at an offer from peta. peta offered to fix lucy the elephant. in return peta wanted to decorate lucy with an anti-circus message. lucy's owner said no thanks. a girl out in iowa used improvised road skills to get out of a very dangerous situation and her her mom. shiloh suddenly suffered a seizure. katie unbuckled her seatbelt, took hold of the steering wheel but the 6-year-old could not reach the brakes. >> i had to take her foot off the gas pedal and i had to steer it in to the gas. >> when she's telling this

story i'm scratching my head like wow, what a brave little girl. >> katie was able to pull the suv over and bring it to a stop. shiloh was taken to the hospital recovery. >> i love telling that story. it's a les son for everybody. katie, way to go. often we talk about all the time. tonight, a new study on why it may be a bigger problem than chatting with friends. plus this. >> cust omers pay for a new kitchen a year ago. only to learn from the manufacturer the cabinets they paid for were never ordered. and now the business that took their money is shut down. they came to 7 on your side for help. and their story is coming up. >> i'm meteorologist lee goldberg. sunset is about 39 minutes away. it's going to be a pretty one as the sun sets over ms. liberty. 71 degrees. cloudless skies are going to change. storminess to our south

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you may have noticed lots of teens spend lots of time texting. many teenage text ers had a lot in common with compulsive gamblers, especially alarming for young ladies. compulsive texting is more than just a distraction, it's also performance. researchers say signs to look for our teens that check their phones continually, snap at you if you interrupt them, are so occupied with schoolwork. just keep that in mind. >> i see people getting anxiety if they haven't looked at their phone in 30 seconds. we just report

halloween was canceled in milford. they were canceling halloween. now they've got halloween back on. kids can have the parade. because there was an outcry from the parents. there was online petition so the school superintendent changed her mind. dress up, have the parade, have a great time. >> you get dressed up like you're from new milford. >> we were discussing the new milford as well as milford. >> we take the blame. >> take us to weather. it's so beautiful out there. it's going to be good everywhere. it is 71 in milford, connecticut. we have a blue sky and bright sunshine out there. a beautiful place to visit. look at that sunset. it's going to be at 6:21 tonight. bright sunny skies. we're at 70. southeasterly wind at 10 miles per hour. here's our planner through the evening hours.

clouds come through later. we'll remain dry but eastern long island could see a passing shower. 65 degrees. could be a passing shower for game 4, but nothing that would cancel the game. might be just a brief interruption early on. odds are the rain gets out of the game before the evening starts. mostly cloudy skies to start the morning. still holes in the forecast. a couple lines of showers, by no meechbz is it rain lg the time. in fact the sun breaks through enough that we could get in the low and mid 70s. not a bad day. could be a passing shower. best chance would be late in the day in the early evening hours with a line that goes through. if you watch the futurecast, a little chill in the air. there's the showers in the east end and in to connecticut. that's in the early morning hours. that exits and we watch the front come in from the west. it's a stray

shower from late morning to the midafternoon. then a more organized line may come in through the evening hours. this is depicting the showers to be east of flushing by the time we get to 8:00, meaning we'll be in good shape for the start of game 4. then slightly cooler air comes in. air quality is moderate tomorrow. pollen count, still high because of ragweed and elm. our first significant chilly shot of the season comes in this weekend. so prepare for that as this will come in on saturday and sunday. there will be snow showers in the adirondacks and one of the great lakes. there could be a frost in our north and west suburbs. going to feel like the 40s even though our highs are in the 50s because of a gusty breeze. that's our first real fall feel as we go in to the upcoming weekend. couple showers tomorrow. not a bad day. we're still low and middle 70s. 68, gorgeous wednesday. thursday is beautiful . friday is our next chance of showers. not a washout. and look at that, the coolest so far. 58 on saturday. frost north and west saturday night if the wind dies down. 54 on sunday. and then only 56 on monday.

so a week from now, it's 20 degrees colder than it is today. normal is 65. we'll bounce back after that. >> there you go. can't avoid it. a couple moved to a new home then decided to update their kitchen. but they say they got burned by the remodeler. >> they paid thousands in a down payment for new cabinets but no cabinets for months and months. that's when they reached out to nina pineda for help. >> these empty nesters got stuck in a new nest with no kitchen. they ordered the cabinets last october from a company in business for 50 years. while fighting it out for a refund found the kitchen company was in plenty of hot water. >> it's like being slapped in the face. when someone says i took your money and you can't do anything about it. >> reporter: bill is talk about this kitchen remodeler he says gutted their bank account. last year the couple downsized but

kitchen so they paid toraloe a $7500 down payment for new >> took your money. >> but never ordered your cabinets. >> reporter: bill said he found that out after months of excuses from the kitchen source, blaming delays on the manufacturer. he called the manufacturer directly and says he was told they never got a cent of the deposit that he paid the toraloes. >> that was my money. they did nothing but bank it and use it. >> reporter: nine months later he got $2,000 back but then his refund payments abruptly stopped. the tax man beat us to it. behind on taxes, employees were locked out and told to leave. >> i'm so confused and distraught right now. >> tools were locked inside but a week and a half later after paying $10,000, the sheriff unlocked the doors and the company was on the defense. >> most people don't come back and what we did was pretty [

bleep ] heroic. >> it's heroic for you to be open? we all have to pay our taxes. >> reporter: they blamed the economy and suppliers for problems but wouldn't say exactly what happened to bill and dorothy's depositism >> do you -- bill and dorothy's deposit. >> what are you talking about? i'm not going to be made aggressive by you. >> no, i'm asking what happened. >> there's a lot i can't speak out. >> reporter: he did put some money where his mouth is. after we left they came up with refund. >> they're smiling because that check just got cut hours ago. the manager apologize today the galvans. and voucher resume making the installment payments. the big takeaway, don't put more than half down up front. make sure you always get a contract with clear delivery and refund terms. >> absolutely. that's a lot of money. near jersey city welcoming

>> the new legislation making the rentals legal and why officials say it's great for their city. >> i'm liz cho. coming up at 6:00, a murder mystery in brooklyn. a hip hop producer is gunned down. who killed him and why? >> plus a man who friends say died a hero after rus team starts practice today. coach called to see how i was doing. i blew out my knee last year. just as college football programs began calling me. i didn't realize i'd get hooked on the pain pills the doctor gave me.

for now at least, football and college are going to have to wait. don't let addiction sideline your dreams. it's the final countdown! the final countdown! if you're the band europe, you love a final countdown. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico.

airbnb's popularity is growing around the world in popularity but many cities are not so welcoming to the home sharing site with laws making rentals illegal. >> jersey city has become the first city in the tri-state to legalize airbnb and officials say it's going to help it survive. >> reporter: some rank this very day amongst the thousands of apartments, at least 400 people are offering their humble abodes or rooms for rent on airbnb and getting paid. >> housing is such a traditionally high cost for the middle class that now there's an opportunity to take this high cost and make it something that you can make an income on and help whether it's for school

loans or for helping your kids get lieu college or taking that vacation you wanted to take. >> reporter: the problem is right now airbnb is not officially legal in jersey city. >> i think we need to understand that residents like uber, airbnb, residents like these services and can't fight technology so we have to figure out how to work with it. >> reporter: airbnb operates in 34,000 cities nationwide. jersey city stands to earn a million dollars per year from the taxes collected on rent lss. my boyfriend is and weeks. >> reporter: this homeowner can't offering his home. >> when you reach a place where you open yourself to strangers. >> reporter: his wife chimes in from the other side of the fence. >> i think it's a great way to earn extra money, extra income. i say go for it. >> reporter: airbnb takes care of the background checks,

making sure taxes and fees are collected and dispersed. >> this will allow it to be legal. >> reporter: it will have to go before city council which will happen on wednesday. if approved, airbnb can be an official business in jersey city within a month. in jersey city, toni yates, channel 7 eyewitness news. there's still much more ahead. >> eyewitness news at 6:00 starts right now. a heated game 3 set to begin in citifield in a little over two hours, this after that controversial slide by chase utley breaks ruben tejada's leg. utley is eligible to play tonight after appealing his two-game suspension. >> plus a murder mystery in brooklyn.

who killed a hip hop producer and why? but first we continue to follow breaking news tonight. a deadly accident involving an out of control delivery truck. good evening at 6:00. i'm liz cho. bill is off tonight. that accident killed a woman and injured a half dozen other people. it happened on east 138th street in the port morris section of the bronx. eyewitness news reporter jim dolan is at the scene with the very latest. >> it's just a frantic chaotic scene over here. i want you to take a look back there. that's a bus stop for the bx33, at least half a dozen people were standing there this afternoon, all looking in for one direction for the bus when that truck came in the other direction completely out of control, slammed in to the people, then finally stopped at the building.