72 The Queens Courier • REAL ESTATE • July 21, 2016 FOR BREAKING NEWS VISIT www.qns.com Swan Lake, NY PRESIDENTIAL ESTATES... Country Club lifestyle Homes featuring: • Heated Swimming pool • Whirlpool • Gym • Tennis Courts • Handball • Private Lake • Top Notch Entertainment • Contemporary ranch style homes featuring 2 bedrooms, den, open concept design, wrap around decks, skylights, full basements and more... Call me today for availability: Valued Properties Miriam Ehrenberg —NY Lic Salesperson (917) 575-7449 • (845) 794-3925 Legally Speaking By: Scott Baron, Attorney at Law THE SWINGING LOAD Q: At a six-story construction site, I was unloading some air-conditioner condensers from a delivery truck, and positioning them on pallets. One of these pallets became stuck under a side rail of the truck. The truck driver and the crane operator asked me to help place a jack under the stuck pallet. The driver would use a steel bar to pry back the side rail. The crane operator would use her crane to put tension on the pallet. When the plan was put into action, the pallet and the jack suddenly moved toward me and knocked me off the back of the truck. A: Under section 241(6) of the Labor Law, any area in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places. It may well be that your best bet is to allege a violation of section 241(6) and predicate it upon section 23-8.2(c)(3) of title 12 of the New York Codes, Rules and Regulations (NYCRR). Sub-subsection 23-8.2(c)(3) provides rules for when a mobile crane is lifting (i.e., hoisting) a load. So as to avoid swinging or rotation, the load must be raised vertically, and a tag or restraint line must often be used. Sub-subsection 23-8.2(c)(3) is designed to protect a worker from the hazards created by the possible horizontal movement of a load being hoisted by a crane. This statute may well be applicable to the facts of your case. If so, your attorney will search for proof that it has been violated. 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 Facing Legal Problems? We can help! William R. Lizárraga, LLM, LLMT FREE CONSULTATION With This ad Attorney at law Bankruptcy Immigration William R. Lizárraga Car Accidents Medical Malpractice Construction Accidents • Loan Restructur es • Landlord-tenant • Wills • Divorces 917-396-4601 www.totallegalhelpteam.com • wlizarraga@totallegalhelpteam.com 37-53 90 St., Suite 3, Jackson Heights, NY 11372 Only steps from 90th Street Station, 7 train Your Home is in Good Hands! People You Trust, Service You Deserve • Buy and Sell • Short Sales • Defense against Foreclosure 917-396-4603 William R. Lizárraga, LLM, LLMT 917-396-4603 www.esrealtyny.com 37-53 90 St., Suite 3, Jackson Heights, NY 11372 Only steps from 90th Street Station, 7 train
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