FOR BREAKING NEWS VISIT www.queenscourier.com may 28, 2015 • REAL ESTATE • The Queens Courier 53 We’ve got Reverse Mortgages figured out! ® Are you a homeowner? Are you 62+ years old? No mortgage payments are required while you live in your home Proceeds are Tax-Free! Get a line of credit, lump sum, or monthly payments for the rest of your life! Find out more about the benefits of a Reverse Mortgage... Call us at (718) 269-3448 and receive a free gift and information kit (including a Free informational DVD) 1st Senior Capital a division of Professional Mortgage Solutions, Inc. NMLS #148800. 62-81 Woodhaven Blvd., Rego Park, NY 11374. Registered Mortgage Broker-NYS Department of Financial Services This material is not provided by, nor was it approved by the Department of Housing & Urban Development (HUD) or by the Federal Housing Administration (FHA). Advertorial Legally Speaking By: Scott Baron, Attorney at Law CATCH FOOTBALL Q: One summer day, another kid and I went to the playground, just as we had many times in the past. We were throwing a football back-and-forth. Next to the playground was a concrete sidewalk. The edge of it was raised, cracked and uneven; it had been that way for years. While running, I tripped at this edge. Between two slabs, there was a gap of at least an inch. A: It sounds like you ought to have been well aware of the obvious risk of playing next to this sidewalk, and were also familiar with the risks inherent in the sport of football in general, such as the risk of falling while running to catch a ball. Under our law, there is no duty upon the city to post guards at the park to channel the forms of play. In a world of limited tax revenue, where conditions are less than ideal, a city are not forbidden from having a playground along a cracked sidewalk. The courts have reasoned that the alternatives are even worse. Like it or not, the legal thinking is that parents in the neighborhood are, or should be, well aware of the conditions under which their children play. If the parents permit the children to play there, then so be it. The city has not undertaken to keep the children safe; it has merely given them permission to use at the park as they find it, to play in it as they would play anywhere else by themselves. Unless your lawyer can uncover a detail you haven’t mentioned, the court is likely to rule that the risk was not such that the city can be held liable: it was a natural risk that was required to be borne by you. 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 Avenue, Yonkers, NY 10710(718) 738-9800, (914) 337-9800, 1-866-927-4878 BRAND NEW 43 UNIT WATERFRONT COMMUNITY BRAND NEW 43 UNIT WATERFRONT COMMUNITY 2, 3 & 4 BEDROOM TOWN HOMES PRICED FROM 2, 3 & 4 BEDROOM TOWN HOMES PRICED FROM $478,000 TO $898,000 $478,000 TO $898,000 CALL US FOR A PRIVATE APPOINTMENT: (914) 738-5151 CALL US FOR A PRIVATE APPOINTMENT: (914) 738-5151 AMENITIES IN THE COMPLEX INCLUDE: AMENITIES IN THE COMPLEX INCLUDE: GATED COMMUNITY WITH SECURITY CODE SYSTEM HEATED IN-GROUND GUNITE POOL PLAYGROUND GUEST PARKING 2-STORY CLUBHOUSE WITH GATED COMMUNITY WITH SECURITY CODE SYSTEM HEATED IN-GROUND GUNITE POOL PLAYGROUND GUEST PARKING 2-STORY CLUBHOUSE WITH FITNESS CENTER & PARTY ROOM FITNESS CENTER & PARTY ROOM JOGGING/WALKING ESPLANADE ON THE WATER WITH A GAZEBO JOGGING/WALKING ESPLANADE ON THE WATER WITH A GAZEBO 207 Wolfs Lane Pelham, NY 10803 914-738-5151 www.mcclellansir.com www.cityislandliving.com 207 Wolfs Lane Pelham, NY 10803 914-738-5151 www.mcclellansir.com www.cityislandliving. 207 Wolfs Lane Pelham, NY 10803 914-738-5151 www.mcclellansir.com www.cityislandliving.com
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