FOR BREAKING NEWS VISIT www.queenscourier.com january 22, 2015 • The Queens Courier 27 Josephine Lam, CPA · Business & personal tax returns preparation · Tax planning & consulting · Accounting, bookkeeping & payroll services · Business registration & dissolution NORTH SHORE ANIMAL LEAGUE AMERICA ADOPT A PET OF BAYSIDE WINTER SAVINGS Pay for 1 EYE EXAM Get Up To 3 FREE* Excluding Contact Lenses ACCEPTING MOST INSURANCE PLANS. We Accept: Blue Cross Blue Shield, Blue View & most Eyemed Insurance. WE ARE A GVS PROVIDER Please call us to see if we accept your insurance. COURTS MUST FOLLOW THE LAW Q: Thirteen months ago, my uncle fell onto the subway tracks. He was hit by a train. For the next seven weeks, my uncle lay in the hospital, immobile from surgical procedures, laced with painkillers, getting his customary methadone and writhing for a cigarette. In between that and my uncle’s usual severe depression, his attorney found it very difficult to move forward – although he did manage to serve a notice of claim on the MTA a few weeks after the fall. Now my uncle is being told that it is too late to start a personal injury action. A: So far as is applicable, section 1276(2) of New York’s Public Authorities Law provides that no action against the MTA founded on tort (except for wrongful death) may be commenced more than a year after the accident. However, under section 208 of New York’s Civil Practice Law and Rules, the deadline can get extended by a period of insanity. Our courts are very parsimonious in permitting this dispensation. They have ruled that the break for insanity does not encompass the temporary effects of medications administered in the treatment of physical injuries. Given that your uncle was able to retain an attorney, it is very difficult to contend that he was insane. When section 208 was enacted, a legislative committee considered the possibility of substituting the phrase mental illness for the term insanity, but rejected that possibility. The courts are not permitted to rewrite this law. They are obliged to follow it. Unless there are facts that you have failed to mention, I am apprehensive that your case can go no further. NO-LINE BIFOCALS Progressive Lenses w/Metal Frames $9999 Progressive Lenses (No-Line Bifocals) w/Metal Frames $16999 With coupon*. Expires 1/31/15. *SOME RESTRICTIONS APPLY. MAY NOT BE COMBINED WITH ANY OTHER OFFERS, PROMOTIONS, SPECIALS, UNION OR INSURANCE PLANS. COUPON MUST BE PRESENTED AT TIME OF SALE. 2 PAIRS OF GLASSES $6999 With coupon*. Expires 1/31/15. Donate Your Old Frame Get $100 OFF VARILUX DOCTOR IN: MON., WED., FRI., 10-5:30, TUES. & THURS. 11-7:30, SAT 10-4:30 39-25 BELL BLVD., BAYSIDE • 718.279.2020 exam not incl’d With coupon*. Expires 1/31/15. exam not incl’d And Towards Your Purchase of Frames Some Restrictions May Apply. With coupon*. Expires 1/31/15. exam not incl’d www.eyesupplyofbayside.com Buy 1 Pair of Glasses Receive 1 Pair of Equal or Lesser Value* Exam included with purchase of Glasses. Limited Time Only! 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 © 2015 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 41-25 Kissena Blvd., Ste. 108 Flushing, NY 11355 Tel: 718.888.0988 Fax: 718.888.1011 Email: jlam@jlamcpa.com Serving the Needs of Individuals & Businesses AnimalLeague.org • 516.883.7575 • Port Washington, NY Photo by Ellen Dunn North Shore Animal League America Has Over 300 Unique Mixed breed & Purebred, Puppies, Kittens, Dogs and Cats! Open Daily for Adoptions SUN - THURS 10AM - 9PM FRI - SAT 10AM - 10PM FOLLOW US ON 25 Davis Ave Adoptions
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