LET US HELP YOU CREATE A BEAUTIFUL ®sK e e p e rC o m f o r tA r e W E A R E C O M F O R T K E E P E R S ®W eHOME... AT AFFORDABLE PRICES! Quality + Service = Value INTEREST A Family Tradition Since 1932 FINANCING FREE450 Jericho Turnpike in MineolaFREE AVAILABLE (516)746-1458 Estimates**See Store for more details www.harrykatzcarpetone.com The Katz Family, Serving Their Clients With Great Care, Quality, Value & Expert Craftsmanship For Over 80 Years • Residential Carpeting • Custom Installations s e r v i c e s TMInteractive Caregiving • Commercial Carpeting • Area Rugs • Vinyl Tiles THE BEAUTIFUL • Light HousekeepingMAKES EVERY MOMENT MATTER• Companionship erWe exclusively off • Sheet Vinyl GUARANTEE* Interactive Caregiving is Comfort Keepers®' unique • Wood You will love your fl • Meal Preparationphilosophy of care that improves a senior's quality Interactive Caregiving is Comfort Keepers®’ unique philoso- oor orwe’ll replace it for FREE • Laminates • Incidentalof life. We strive to keep our senior clients mentally phy of care that improves a senior’s quality of life. We strive to • andMUCH MORE! IMMEDIATE DELIVERY Transportation stimulated, physically active and socially engaged.keep our senior clients mentally stimulated, physically activeThe key to achieving this every day is to transformon special stock material Lifetime Installation Warranty the activities of life into opportunities to exercise theirand socially engaged. Th e key to achieving this every day is to• Laundry • Grooming, minds, bodies, and memories. Interactive Caregiving isDressing transform the activities of life into opportunities to exercise * HEALTHIER LIVING • Medication and personal care services.Reminders is not a special service, but rather a philosophy of care thatis incorporated into our companionship, homemaking,FREEMany Insurance Companiess e r v i c e snot a special service, but rather a philosophy of care thattheir minds, bodies, and memories. Interactive CaregivingGuidancePreferred Service Provider to Invincible Waterproof Vinyl Plank or Tile against harmful mold, mildew and odor-causing bacteria. personal care services. 516-827-4270• Companionshipis incorporated into our companionship, homemaking, andCARPET INSTALLATION*On selected products. Expires 12/26/12.Improve air quality • Eliminate allergens Minimize dust • Protect Legally Speaking W W W . C o m f o r tPreparation C o m philosophInteractive e p e r s .K• MealS E R V I C E SHousekeeping11803NYPlainview,•RoadHillManetto8• LightEach office independently owned and operated. © 2009 CK Franchising, Inc.• CompanionshipAdvertorial By: Scott Baron, Attorney at Law • Light Housekeeping of life. W• Incidental LABOR LAW XVI (TRENCH) • Meal Preparation The keyTransportationstimulate for the work. It had hired an independent engineer to perform inspection services in • Incidental Transportation the activi• LaundryOn a roadway excavation, the City had hired my employer as the prime contractorQ: connection with the project. I was ordered to go into the trench to dig by hand. Because sue, and who will pay? • Laundry Dressing minds, b• Grooming, the trench was not protected by any shoring or sheeting, it collapsed. Who should we of sections 200 and 241 of the Labor Law. Section 200 merely codifies the common- • Grooming, Dressing Guidance is incorpo You need to commence a personal injury action against the City, alleging violationsGuidancenot a speA: reasonable and adequate protection and safety to those employed in construction, • Medication Reminders and persoReminders• Medication law duty of an owner or general contractor to provide a safe place of work. Section 241 imposes a nondelegable duty upon owners, contractors and their agents to provide excavation or demolition work. The City will probably commence a third-party action against the engineer seeking to recover on theories of contractual and common-law indemnification. In a typical scenario, your negligence claim under section 200 will be dismissed, but your statutory claim under section 241 will proceed toward trial. It is likely that both the City and the engineer are at fault; the main question is as to apportioning that fault. While the duty imposed by section 241 may not be delegated, the burden may be 8 M shifted to the party actually responsible for the accident, either by way of a claim for apportionment of damages, or by contractual language requiring indemnification. engineer is the party actually responsible for the incident. In that case, the City is entitled W W W 516-827-4270Each office independentThe law responds to changed conditions; exceptions and variations abound. Suppose that the City was only vicariously liable for violating section 241, and that the to full common-law indemnification, and need not pay insofar asthe engineer can. . C o m f o Here, the information is general; always seek out competent counsel. 8 Manetto Hill Road • Plainview, NY 11803 Copyright © 2012 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 Each offi ce independently owned and operated. © 2009 CK Franchising, Inc. 1750 Central Park Avenue, Yonkers, NY 10710 W W W . C O M F O R T K E E P E R S . C O M718-738-9800, 914-337-9800, 1-866-927-4878 www.queenscourier.com | january 2013 | lehavre Courier 7
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