41 warm up Renderings courtesy of The Living MoMA PS1 selects architect winner for Warm Up BY ANGY ALTAMIRANO Summer might still be far away, but things are starting to heat up as a winner has been chosen to create the scenery for this year’s Warm Up series at MoMA PS1. The Museum of Modern Art and MoMA PS1 in Long Island City selected David Benjamin from design firm The Living as the winner of the 15th annual Young Architects Program (YAP). The winning project, called “Hy-Fi,” expected to open at MoMA PS1 in late June, was chosen from five finalists Legally Speaking By: Scott Baron, Attorney at Law BATTER UP Advertorial Q: I was only 16. During an elective softball class, as a warm-up exercise, I was hitting ground balls to a fielder. A new student named Juliet approached me and asked if she could hit a few. I handed the bat to Juliet and told her, “This is just a practice drill, and don’t take full swings.” However, Juliet immediately threw the ball in the air and took a full swing before I had time to get out of the way. A: The school will argue that you assumed the risk that resulted in your injury: that a participant in an athletic activity is deemed to have assumed those commonly appreciated risks which are inherent in the sport and flow from your participation. Its attorneys will contend that the danger of one person’s swinging a bat into another’s face while warming up for the game is inherent. Despite your tender age, if you were an experienced softball player, then there is a substantial likelihood that you will be found to have taken this risk upon yourself. Your attorney will need to dig deep. Perhaps, in truth, the accident resulted from some unassumed, concealed or increased risk from which your teacher should have been protected you. Perhaps the school knew or should have known what you did not – for example, that Juliet had severe behavioral problems. Even if you can clear the hurdle of assumption of the risk, your attorneys will still need to build a case that the school engaged in negligent supervision. Only a few seconds elapsed between your giving the bat to Juliet and this tragedy. Where an accident occurs in so short a span of time that even the most intense supervision could not have prevented it, the court may hold that lack of supervision cannot be the proximate cause of the accident. On this case more than many, your attorney must work very hard. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 and will serve as a “temporary urban landscape” for the 2014 Warm Up summer music series, located in MoMA PS1’s outdoor courtyard. “After dedicating the whole building and satellite programs of MoMA PS1 to ecological awareness and climate change last year with ‘EXPO 1: New York,’ we continue in 2014 with ‘Hy-Fi,’ a nearly zero carbon footprint construction by The Living,” said Klaus Biesenbach, MoMA PS1 director and MoMA chief curator at large. Every year the winners develop creative designs for a temporary, outdoor installation at MoMA PS1 that would provide shade, seating and water to those who attend the Warm Up. The architects also have to address environmental issues, such as sustainability and recycling. The Living will create “Hy-Fi” using a new technique of bio-design that will assemble a structure made out of 100 percent organic material. The structure is a circular tower made of organic and reflective bricks, produced from the combination of corn stalks and living root structures, invented by Ecovative, a company The Living is working with in the project. “Hy-Fi” will also highlight local materials, and offer a direct relationship to New York State agriculture and innovation culture, city artists, non-profits and community gardens in Queens.
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