North Shore Towers Courier n February 2013 5 EXQUISITE CATERING AND FINE DINING OVERLOOKING SCENIC NORTH SHORE TOWERS COUNTRY CLUB & GOLF COURSE Towers Restaurant & Caterers AT NORTH SHORE TOWERS 272-48 GRAND CENTRAL PKWY. FLORAL PARK, NY 11005 (718) 279-1472 North Shore Towers Cinema 450 Seat Movie Theater For Current Motion Pictures Open Every Day We bring in the best and latest pictures to the North Shore Towers! Buy your Ticket Discount Card from the Manager 718.229.7702 FREE GIFT with the purchase of a discount card. THEATRE IS AVAILABLE FOR PRIVATE SCREENINGS OR CHARITY FUNCTIONS Legally Speaking By: Scott Baron, Attorney at Law FALLING OFF A STEP Advertorial Q: In front of my son-in-law’s building, there is a raised walkway. It extends four feet out from the face of the building. This walkway is like a platform – running the length of the building, abutting several storefronts. One end of the walkway slopes up from the sidewalk, and the other end has a five-inch step, down to the sidewalk. I entered Fred’s store from the sloping end. I exited toward the step, which I did not know about, and slipped due to the raised walkway. My fall resulted in serious injuries. I say that Fred should have put up a warning sign and some handrails or other safety devices. His lawyers say that the problem was “open and obvious” and that my inattention was the sole proximate cause of the accident: had I been looking, I would have seen the hazard and avoided my injuries. A: In cases like this, attorneys often will hire an expert engineer – to give an opinion, for example, that the sidewalk and the walkway were too similar in color, or that there should have been colored stripes on the walkway or at the step, or that the warning paint was too faded, or that conditions created the illusion of a flat surface, visually obscuring the step. Even if this hazard was somewhat open and obvious, that should not be fatal to your claim. Rather, the circumstances would be relevant to your comparative fault, if any. From what you tell me, your case ought to be able to get past summary judgment and survive to a recovery. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. Copyright © 2013 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Avenue, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 Celebrating Our 65th Year! Of Mineola A Name You Can Trust Since 1947 A Large Selection Of: • Leather • Shearlings • Cashmere • Sheared Furs • Mink • Beaver • Sable • Designer Collections We Repair, Clean & Restyle ALL WORk Done on PreMiSeS Hours: Mon.-Fri., 10-6; Sat., 10-5; evenings By Appointment 260 Jericho Tpke., Mineola 516-746-5500 www.tsontosfurs.com
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