CONVENIENT CUSTOM FRAMING OIL PAINTING CLASSES NST Car Butler Professional Car Care Services Under New Mgmt-Better Service, Better Value FELL DOWN THE SHAFT Q: My building has an elevator. To enter the cab, I must pass through two doors: the elevator door on my floor and the door to the cab itself. After the cab is stopped, the door on my floor will unlock. I can open it if I wish to get in the cab. When the cab is not stopped at my floor, a safety device – called an ‘interlock’ – locks the floor door. The purpose of the device is to prevent me from falling down the elevator shaft. One day, erroneously believing that the cab was stopped on my floor, I pulled the door to the elevator, stepped forward and fell down the shaft. Obviously, the device had failed to work. A maintenance man for the elevator service company thinks that the device failed to work properly because it was damaged by fluids that had entered the device. Occasionally, individuals relieved themselves in the elevator. Also, mop water would penetrate the device. A:Both the landlord and the elevator service company had a duty to maintain the elevator, particularly the device. This is true both at common law and under Administrative Code of the City of New York § 27-994(e), which requires your elevator to have a hoistway-door interlock. The landlord and company were negligent in failing to maintain the device. Their negligence caused your accident. For a witness to be qualified as an expert, he must possess the requisite skill, training, education, knowledge or experience from which it can be assumed that his opinion is reliable. It is questionable whether the maintenance man possessed such skill, knowledge and experience. Moreover, your own expert might testify that fluids penetrating the device should not have caused this accident. If fluids had penetrated the device, an electrical short circuit would have caused the elevator to shut down. The device can only have failed because it was not maintained properly. American Society of Appraisers and Garden City Antiques and Fine Arts, Ltd. Buyer of Fine Arts and Antiques for Over North Shore Towers Courier n October 2014 49 30 Years Careful management of your precious estate heirlooms and buying and liquidation of your estate is our top priority. In addition to antique buying, we also can provide estate clean out services. We’re your premier antique buyers. • Antiques • Oil Paintings • Sterling Silver • Jewelry • Porcelains • Bronzes • Carved Furniture • Clocks • Bronze Statues Member of the the Better Business Bureau HIGHEST CASH PRICES PAID IMMEDIATELY 718-347-0900 www.gardencityantiques.com IF BUSY 516-524-6000 ARCADE BLDG. 2 (718) 224-0417 718-224-2525 Full Service Auto Detailing Fully Insured Pick Up & Delivery Minor Mechanical & Body Repairs 270-10 Grand Central Parkway, Floral Park North Shore Towers; Building 3, Garage Level 3 Legally Speaking By: Scott Baron, Attorney at Law Advertorial 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
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