"there is no law saying a bicyclist must ride in lane in NYC.. it's only recommended but up to rider's discretion."
This isn't actually true. See below. If there's a bike lane, you're required to use it, unless you're making a turn, or are reasonably trying to avoid conditions. Reasonably is the key word here. Reasonably means "what a typical person in that situation would do," the rider doesn't get to define reasonably based on his/her own standards. Clearly, if there's a car parked in the bike lane, it's reasonable to go around it. If you're still not in the bike lane two blocks later, that's going to be hard to claim.
(p) Bicycles. (1) Bicycle riders to use bicycle lanes. Whenever a usable path or lane for bicycles has been provided, bicycle riders shall use such path or lane only except under any of the following situations:
(i) When preparing for a turn at an intersection or into a private road or driveway.
(ii) When reasonably necessary to avoid conditions (including but not limited to, fixed or moving objects, motor vehicles, bicycles, pedestrians, pushcarts, animals, surface hazards) that make it unsafe to continue within such bicycle path or lane.
http://rules.cityofnewyork.us/...