22 The Queens Courier • JANUARY 21, 2016 FOR BREAKING NEWS VISIT www.qns.com An Educational Presentation: What Does a Board Need to Know to Limit Short Term Rentals, (Airbnb)? Wednesday, January 27th, 2016 6:30 - 7 :45pm Bukharian Jewish Community Center 106 - 16 70th Ave, 5th Floor, Room 100 Forest Hills, NY 11375 (Parking Lot on Austin St. at 70th Ave. No Charge for Board Members) Kosher Sushi & Pizza / Networking • Door Prizes Short term transient use of apartments is becoming a huge problem throughout the country. The New York area is certainly one of the more high profile areas where these arrangements are taking a foothold based in large part on the volume of visitors to the area, the high cost of hotels and in many cases the need of apartment owners and tenants to generate income from their apartments to offset the high cost of living in the area. As a result, residents of cooperatives and condominiums are more frequently looking to their Board’s for answers to address the security and insurance issues, common area wear and tear problems and other negative side effects of these arrangements. While there is no magic bullet that will fix this problem entirely until the laws are changed there are measures that can be adopted by Board’s to limit opportunities for tenants and owners circumventing restrictions on short term rentals. Adam D. Finkelstein, Esq., Kagan, Lubic, Lepper, Finkelstein & Gold, LLP Edward J. Mackoul CPCU, CIC Mackoul & Associates, Inc. President Free for Board Members and Sponsors (718) 701 - 8707 • [email protected] SPONSORS: Adam D. Finkelstein, Esq. Mackoul & Associates. Inc Grant Management Services RSVP REQUIRED MDS Architecture, PC Capital One Bank, N.A. Approved Oil Company Advertorial Legally Speaking By: Scott Baron, Attorney at Law THE BUMPED LADDER Q: At a building that was under construction, my employer was reinforcing the ceiling. As I stood on a ladder, it fell. My ladder had been placed on the newly-poured concrete floor. This floor was terribly uneven. Along came another employee and bumped into my ladder. A: Your attorney is likely to sue both under Labor Law § 240(1), for failure to provide adequate safety devices, and in common-law negligence. Likely defendants include the owner, the general contractor, the construction manager and anyone else who may have exercised general control over the work site. These entities had at least ‘constructive notice’ of the uneven floor condition that apparently was the cause of your fall – even if they did not actually know of it. In addition, the defendants had the ability to stop the ceiling work from proceeding until the defect in the floor had been remedied. Most likely, you are receiving workers’ compensation benefits. In that case, your employer cannot be sued. As a general rule, for one who is injured in the course of employment, the sole remedy against the employer lies in these benefits. Nor may you circumvent the workers’ compensation scheme by suing your employer in a different capacity: even if your employer was the owner of the premises, you may not sue it. Ordinarily, this workers’ compensation immunity extends even to a fellow employee. However, if the co-worker deliberately rammed into your ladder, then we are talking about an intentional tort. You can certainly sue him – if it is worth it. 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 © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 the NEW FOUR ONES Car Service Your COMPLETE Transportation Service 718.441.1111 BASE LIC #B00008 $3 OFF Airport Trips Good on any ride, any time when you use Four Ones Car Service. EXPIRES 5/31/16 AIRPORTS • PIERS • WEDDINGS Tired of the Rest? NOW YOU CAN AFFORD THE BEST! DRIVERS WANTED All Shi s Available
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