QNE_p026

QC07072016

26 The Queens Courier • July 7, 2016 FOR BREAKING NEWS VISIT www.qns.com OUR LADY OF THE BLESSED SACRAMENT SCHOOL 34-45 202nd Street Bayside, NY 11361-1152 CONGRATULATIONS TO THE 2016 GRADUATING CLASS! CONGRATULATIONS & THANK YOU to the graduates, parents and families for their ongoing support. This outstanding group has earned 29 scholarships for high school, totaling over $500,000! In September, we will become Our Lady of the Blessed Sacrament Catholic Academy preserving the traditions of the past 66 years, continuing excellence in academic and Catholic education to build a strong foundation for students’ future successes in high school and beyond. Contact the school office for September 2016 Academy admission and registration information or to schedule a tour. We offer Nursery through 8th grade including Pre K For All – Art, Foreign Language, Music, Physical Education, Technology, & Extended Day Programs. Our Lady of the Blessed Sacrament School Phone: 718-229-4434 Website: olbsschool.org • olbsacademy.org Legally Speaking By: Scott Baron, Attorney at Law THE ROCKER Q: My job is to do sheet-rocking. I install the sheet-rock and do the taping, beading, spackling and sanding. Arriving at a partially-constructed residence, I spoke with the owner. We talked about the way I would sheet-rock his archway and the skylights. I gave various options, and he made a selection. In addition, the owner requested that I complete the kitchen before the rest of the job. Afterwards, I put together a makeshift platform and set about performing my work. The platform collapsed, and I fell through an open stairwell. A: Under section 240 of the New York Labor Law, an owner who contracts for such work as sheet-rocking shall supply such safety devices as a properly constructed platform – except for the owner of a one- or two-family dwelling who does not direct or control the work. The owner will argue that, although he may have made some aesthetic decisions, he did not actually direct or supervise you with respect to the sheet-rock work and accordingly is entitled to the homeowner’s exception. The jury will need to listen carefully to your testimony, and that of the owner, in order to determine whether, and to what extent, the owner supervised the method and manner of your work. Every homeowner must make some decisions about scheduling and quality. Ordinarily, these decisions do not equate to direction or control. In other cases, there is an overall pattern of interaction between the owner and the various workers that amounts to direction or control. 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 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878


QC07072016
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