FOR BREAKING NEWS VISIT www.queenscourier.com july 10, 2014 • The Queens Courier 71 Special offers for AC start here. Limited time offer! Call 1.877.410.4531 petro.com petro mobile connect on $15,990 THE POTHOLE LAW - I Q: In Brooklyn, walking along the sidewalk, I fell – at a big crack about a yard long, with a hole in the center. The hole was about ten inches by three inches. I am sure this hole was the cause, although there was also ice in the area and nine inches of snow. A: New York City has a statute called the Pothole Law. It requires that the City had been given written notice of the defect in the sidewalk prior to your accident, in order for you to prevail against the City. Fortunately, encouraged by lawyers, an organization named the Big Apple Pothole & Sidewalk Protection Corporation has taken upon itself to furnish the City with updated pothole maps. If your defect has been identified in the most recent of these maps, then the City has been given the written notice, and you can succeed. As you can imagine, the City will often contend that it had not received prior written notice of precisely the defect that you describe. In a city where English is often a second language, this can pose a perplexing question for the jury. Luckily, the requirement that the City must receive prior written notice before liability may be imposed is strictly construed against the City. There are no particular requirements for the specificity of the notice; the courts have ruled that the notice is sufficient if it served to bring the particular condition at issue to the attention of the authorities. A question about the variance between your description and the map’s is for the jury. Bear in mind that the jury can also infer that recent ice (which no one may be expected to have had time to remove) may have contributed to your fall, in addition to the sidewalk defect. You must be prepared to testify whether you told your treating physician that your fall was caused by a hole, or by ice. $11,495 $8,990 $8,990 $16,990 BAD CREDIT? WE CAN HELP! CALL NOW! Showroom Hours: Mon-Thur: 9-8pm, Fri-Sat: 9-6pm, Sun: 12-5pm Service: Mon-Fri: 7-5pm, Sat: 8-4pm, Sun: Closed Parts: Mon-Fri 7:30-5pm, Sat: 8-4 pm, Sun: Closed $15,990 $3,990 112-21 Northern Blvd, Corona, NY • 1.718.505.5280 • DiBlasiFord.com DiBlasi Motors, Inc. a BBB Accredited business since 1974 A+ Prices include all costs to a consumer except tax, tags & MV fees. All fi nancing subject to primary lender approval. See dealer for complete details. Offers cannot be combined. Pre-owned vehicles cosmetically as is. Not responsible for typos/equipment errors and vehicles that are sold prior to publishing date. Pictures for illustrative purposes only. Offers expire 7/16/14. NYC DCA No. 203916 DMV No. 7022028 PRE-OWNED SUPERCENTER 2007 LEXUS GS350 4DR AWD Stk#13U103, navi, sunrf, lthr, auto, V6, p/w/l/ st/b, AM/FM CD, Buy alloy whls, 71k mi For 2010 FORD Fusion SE 4DR Stk#14U053, auto, 4 cyl, p/w/l/st/b, AM/FM CD, cruise, 78k mi Buy For 2007 CHRYSLER 300 4DR Stk#13U098, V6, auto, p/w/l/st/b, AM/FM CD, tilt, cruise, alloy whls, 43k mi Buy For 2003 FORD Focus SEL 5Dr Stk#13U154, auto, 4 cyl, p/w/l/st/b, AM/FM CD, cruise, alloy whls, 62k mi Buy For 2010 FORD Mustang GT Stk#13U210, 5 spd manual, p/w/l/st/b, heated seats, AM/FM CD, 29k mi Buy For $17,990 2009 ACURA TSX Tech Pkg Stk#12U221, navi, lthr, sunrf, auto, 4 cyl, p/w/ l/st/b, AM/FM CD, alloy whls, 40k mi Buy For 2010 NISSAN Maxima SV 4DR Stk#13U345, sunrf, V6, sport pkg, auto, p/w/l/ st/b, AM/FM CD, alloy whls, 22k mi Buy For 2008 HONDA Element Stk#13U074, auto, p/w/l/st/b, AM/FM CD, cruise, alloy whls, 62k mi Buy For Easy-to-install, energy-efficient ductless home cooling systems! Get yours now for $100per month* • No expense and hassle of ductwork installation • Smaller and less expensive than central AC • Also functions as a heating unit in the winter *Based on financing a $8,000 installation and 9.99% interest rate up to 132 months. Subject to credit approval by GE Capital and applies to qualified systems only. Limited time offer, expires 8/15/14, equipment must be installed by 8/31/14. Call your local representative for complete terms and conditions. Must present ad at time of quote; cannot be combined with other any other offer. Additional terms and conditions may apply. NYC Lic. No. 1314079. ©2014 Petro. P_14364 Legally Speaking By: Scott Baron, Attorney at Law 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 © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878
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