48 The Queens Courier • REAL ESTATE • JUNE 18, 2015 FOR BREAKING NEWS VISIT www.queenscourier.com 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). Suydam Agency Inc. 4-Generations, Established 1911 Bayside Brick 2-family plus walk in doctors office, Great Condition. $1,138,000 Bayside Large 2-Family Totally Renovated, 50x120, 2-car garage $1,148,888 Bayside Rocky Hill Coop Immaculate 1-bedroom, New bath, 2-blocks from Bell Blvd....$164,888 College Point Huge 2.5-story factory and office building, plus 4,000 ft lot and 3-car garage..$1,598,888 Ask for Adam or Tony (718) 359-3964 15-30 College Point Boulevard, College Point NY 11356 suydaminc@aol.com/ www.suydaminc.com Legally Speaking By: Scott Baron, Attorney at Law FIGHTING WATER WITH FIRE Advertorial Q: In a restaurant known for its spirited atmosphere, I accidentally spilled water on a firefighter. So she picked me two-feet off the floor, made like to strangle me and threw me over the banister. The firefighter and some coworkers had arrived at the restaurant straight from a Fire Department annual dinner held at another location. They had continued to celebrate and drink near my table. A: The City, as an employer, is vicariously liable for torts committed by its employees acting within the scope of their employment. So long as the tortious conduct is generally foreseeable and a natural incident of the employment, the City may be liable, no matter whether the act is negligent or intentional. There are a number of tests for determining whether an employee’s conduct falls within the scope of employment. The strictest is whether the purpose in performing the action is to further the employer’s interest, or to carry out duties incumbent upon the employee in furthering the employer’s business. Another is whether the act was performed while the employee was engaged generally in the business of the employer, or may be reasonably said to be incidental to such employment. From what you tell me, I am inclined to think that a court is likely to rule that this firefighter was not performing within the scope of her employment. Your strongest case might be for negligent hiring, supervision, training and/or retention. This firefighter has a propensity for assaultive conduct. Your theory would be that the City knew or should have known of this propensity. Even with such a theory, you will have a challenge in proving that the City’s negligence with respect to this firefighter was the proximate cause of your injuries. You will need to defeat the argument of the City that any connection between her employment and her conduct toward you was severed by time, distance and various intervening independent events. 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 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 Everything you need to be cool this summer. SPECIAL LIMITED TIME OFFER EXPIRES 6/30/15 Install an energy-effi cient ductless cooling system in your home for as low as $88/month* No ductwork required Cost-effective Energy-effi cient Programmable remote Service & installation of all major brands! Call today! 877.226.1534 petro.com petro mobile All images used are for illustrative purposes only. *Based on fi nancing a $8,000 installation and 9.99% interest rate up to 132 months. Subject to credit approval by Synchrony Bank and applies to qualifi ed systems only. Limited time offer, expires 6/30/15, equipment must be installed by 7/15/15. Call your local representative for complete terms and conditions. Must present ad at time of quote; cannot be combined with any other offer. Additional terms and conditions may apply. NYC Lic. No. 1314079. ©2015 Petro. P_15159
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