FOR BREAKING NEWS VISIT www.qns.com february 25, 2016 • The Queens Courier 33 WWW.WESTBURYMARKETFAIR.COM Legally Speaking By: Scott Baron, Attorney at Law OUTSIDE THE CITY Advertorial Q: Over a defect in a sidewalk, I tripped and fell. Out here, unlike New York City, there is no code provision placing upon a landowner the duty to maintain an abutting sidewalk in good condition (and imposing tort liability upon the landowner for injuries caused by a violation of that duty). A: Without such a code provision, liability arising from a dangerous or defective condition on a public sidewalk is instead placed on the municipality. However, it is likely that the municipality has enacted a ‘prior written notice’ statute. Prior written notice of the defect must have been received by the right department. Otherwise, the municipality is not exposed – unless some exception to the written-notice requirement applies. Usually, the municipality will try to submit the affidavit of a municipal employee – indicating, say, that he has conducted a search of the relevant records covering a period of five years prior to the date of the accident and has found no prior written notice of a defective condition corresponding to the condition that you allege. Even if there was no prior written notice, you may well have a good shot under one of the two recognized exceptions. One is that the municipality created the defect through an affirmative act of negligence. The other is that the defect resulted from a special use by the municipality which conferred a special benefit on 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. St. Michael’s Cemetery 72-02 Astoria Boulevard • East Elmhurst, NY 11370 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 Tel: 718.278.3240 1-866-927-4878 EVERYONE IS INVITED St. Michael’s Cemetery 72-02 Astoria Boulevard • East Elmhurst, NY 11370 For further information contact Ed Horn. St. Michael’s Cemetery 72-02 Astoria Boulevard • East Elmhurst, NY 11370 Tel: 718.278.3240 St. Michael’s Cemetery 72-02 Astoria Boulevard • East Elmhurst, NY 11370 EVERYONE IS INVITED for their accomplishments; Olga Turkina, violin and Philipp Petkov, piano. Tel: 718.278.3240 two upcoming talented artists who have been recognized St. Michael’s is proud to feature St. Michael’s Cemetery 72-02 Astoria Boulevard • East Elmhurst,Tel: 718.278.3240 We will collect all donations at the door. Please help those in need by giving generously. Tel: 718.278.3240 EVERYONE IS INVITED City Council Member, Costa Constantinides Food Drive. EVERYONE IS INVITED EVERYONE IS INVITED However we urge you to bring canned food for the Featuring Music by TH E BEATLES Admission Free St. Michael’s Cemetery 72-02 Astoria Boulevard • East Elmhurst, NY 11370 Concert of Classics St. Michael’s will host a Tel: 718.278.3240 EVERYONE IS INVITED Saturday, February 27th at 3PM St. Michael’s will host a Tel: 718.278.3240 Concert of Classics Ringo • John • Paul• George• Ringo John • Paul• George• Ringo • Saturday, February 27th at 3PM St. Michael’s will host a Concert of Classics Featuring Music by TH E BEATLES Admission Free However we urge you to bring canned food for the City Council Member, Costa Constantinides Food Drive. We will collect all donations at the door. Please help those in need by giving generously. St. Michael’s is proud to feature two upcoming talented artists who have been recognized for their accomplishments; Olga Turkina, violin and Philipp Petkov, piano. For further information contact Ed Horn. John • Paul• George• Ringo • John • Paul• George• Ringo John • Paul• George• Ringo • John • Paul• George• Ringo Saturday, February 27th at 3PM EVERYONE IS INVITED St. Michael’s Cemetery 72-02 Astoria Boulevard • East Elmhurst, NY 11370 John • Paul• George• Ringo • John • Paul• George• Ringo John • Paul• George• Ringo • John • Paul• George• Ringo Saturday, February 27th at 3PM St. Michael’s will host a Concert of Classics Featuring Music by TH E BEATLES Admission Free However we urge you to bring canned food for the City Council Member, Costa Constantinides Food Drive. We will collect all donations at the door. Please help those in need by giving generously. St. Michael’s is proud to feature two upcoming talented artists who have been recognized for their accomplishments; Olga Turkina, violin and Philipp Petkov, piano. For further information contact Ed Horn. John • Paul• George• Ringo • John • Paul• George• Ringo John • Paul• George• Ringo • John • Paul• George• Ringo Saturday, February 27th St. Michael’s will host a Concert of Classics Featuring Music by TH E BEAT LE S Admission Free George• Ringo • John • Paul• George• Ringo Saturday, February 27th at 3PM John • Paul• George• Ringo John • Paul• George• Ringo Saturday, February 27th at 3PM St. Michael’s will host a Concert of Classics Featuring Music by TH E BEAT LE S Admission Free George• Ringo • John • Paul• George• Ringo John • Paul• George• Ringo • John • Paul•
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