44 The QUEE NS Courier • AUGUST 22, 2013 for breaking news visit www.queenscourier.com SCOTT BARON’S STAR OF QUEENS brought to you by SCOTT BARON & ASSOCICATES, P.C. Attorneys & Counselors at Law 1-866-WAS-HURT (866) 927-4878 718.738.9800 star OF queens Janet McCreesh President Broadway-Flushing Homeowners Association COMMUNITY SERVICE: Janet McCreesh serves as the president of the Broadway- Flushing Homeowners Association, which serves to unite and encourage all homeowners and residents to improve and maintain the community. In addition to her duties as president, McCreesh is also an executive assistant for a construction company in New York City. McCreesh is the mother of four children, and volunteers for the alumni association at their school, St. Andrew Avellino. BACKGROUND: McCreesh has lived in Queens her whole life. Born and raised in Sunnyside, she attended school at St. Teresa’s in Woodside and later attended St. John’s University. For the last 16 years, McCreesh and her family have lived in North Flushing. FAVORITE MEMORY: “My favorite memory was when City Planning wanted to upzone Northern Boulevard to allow buildings up to a height of six stories. I had been mostly uninvolved in the community and got together with some friends and we were able to get over 600 signatures on a petition to the city requesting they not change the zoning on Northern Boulevard,” explained McCreesh. “When the executive staff of the BFHA found out what we were doing they contacted me and they explained that we were going about it all wrong. After that meeting the plan changed and we were able to negotiate with City Planning. Even though they changed the zoning, it was such a minor change that the community remained low density with low building heights. It was a great success for our community and I realized people do make a difference,” said McCreesh. BIGGEST CHALLENGE: McCreesh says that her biggest challenge has been educating homeowners about the Rickert Finlay covenant that is attached to their deeds. “One of the most important ones is no fences within 20 feet of the property line. The original developers of our neighborhood intended it to have open streetscapes with a suburban feel,” explained McCreesh. “We send newsletters and have regular meetings but there is always a greedy developer/individual lurking in the background trying to make a profit by subdividing lots (which is not permitted) just to get two houses and double their profits.” INSPIRATION: “My inspiration has been the members of the Broadway-Flushing Homeowners Association,” said McCreesh. “I have never met a more passionate and hardworking group of people who volunteer their time, money and energy for the sole purpose of protecting and maintaining our beautiful community.” BY MELISSA FERRARI Legally Speaking By: Scott Baron, Attorney at Law SUBSTANTIAL COMPLIANCE Q: After a fire destroyed certain tools and equipment that I used in my business, I sought damages under my insurance policy. The insurer denied my claim, contending that I had failed to provide a proof of loss statement and also to cooperate with its investigation. In fact, I had never received a proof of loss form, to be completed. This despite the fact that I had spoken to the insurer’s claims adjuster, discussing the fire and the contents that had been destroyed. I timely notified the insurer of my losses and even provided a partial list of the damaged and destroyed equipment. I had at least two telephone conversations with the insurer’s agents and permitted them to inspect the damaged premises on several occasions. A: Provisions in an insurance contract for notice and for furnishing proof of loss are to be liberally construed in favor of the insured. The law requires only substantial, and not necessarily strict, compliance with the protocol in the contract. Albeit one should always try for strict compliance; it spares a lot of headaches. If you never received the proof of loss forms, then of course you had no means of strict compliance. However, your attorney must craft this case bearing in mind that a jury may not believe your testimony on this point. As for non-cooperation, it requires a showing that your attitude was one of willful and avowed obstruction involving a pattern of non-cooperation for which no reasonable excuse is offered. I would be very surprised if the insurer can meet its heavy burden here. 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 © 2013 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 Our job is making sure no longer goes that waste to waste. Find out more at ThinkGreen.com Energy creation. Recycling programs. Closed-loop solutions. Those are just a few of the innovations we’re delivering for customers and communities alike. We live in a world where things can no longer go to waste. That’s why Waste Management is working to get the most from resources. It’s good for business and the environment. ©2012 Waste Management, Inc.
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