FOR BREAKING NEWS VISIT www.queenscourier.com may 2, 2013 • HEAlth • The Queens Courier 25 Legally Speaking By: Scott Baron, Attorney at Law MUD AT THE BUS Advertorial Q: Near a bus stop, as I prepared to enter, my foot sank into mud on the sidewalk, at the curb. I fell. All this happened because the bus had not stopped at the right place. The sidewalk is in front of the city hall, and the bus was operated by the transit authority. A: Against the city, you will need to prove that it was under a legal obligation to maintain the sidewalk and curb and failed to do so, instead permitting the spot to become dangerous. Against the transit authority, your theory is that it was negligent and reckless in operating its buses, particularly with regard to boarding passengers. You and any other witnesses will need to appear for depositions, i.e., examinations before trial. Unquestionably, the defendants will move for summary judgment – trying to cut you off before trial. In order to survive, you must do one of two things. (1) Produce evidentiary proof in admissible form – sufficient to require a trial of the material questions of fact on which you rest your claim. (2) As a weak alternative, demonstrate acceptable excuse for your failure to meet the requirement of tender in admissible form. Mere conclusions, expressions of hope or unsubstantiated allegations or assertions will not suffice. Also inadequate is a bare affirmation of your attorney. He or she has no personal knowledge of the manner in which your accident occurred; such an affirmation is meaningless as evidence. 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 © 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 st of the BEST OF THE BORO WINNER 2013 THE QUEENS QueensCourier.com Place Agewell erapy Winner of BEST PHYSICAL THERAPY BEST OF BORO 2013 Visit us and see why we are voted Best Physical erapy in Queens. Call now for your FREE, no obligation tour, and discover why our loyal patients constantly tell us “Agewell offers the best, most effective physical therapy in all of Queens and Nassau County!” FREE TRANSPORTATION Two convenient New York locations: 1999 Marcus Avenue Ste. M15, Lake Success NY 11042 69-61 Grand Avenue, Maspeth NY 11378 www.agewellpt.com • 347-242-3200 Our newest location, now open: 5180 West Atlantic Avenue, Delray Beach FL www.agewellsouth.com • 561-921-4888
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