34 The QUEE NS Courier • september 26, 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 Cheryl Swiatkowski Girl Scouts of Greater New York COMMUNITY SERVICE: “My community service is really for the Girl Scouts of Greater New York. I started volunteering in September of 1980 at St. Adalbert’s in Elmhurst, and after 1990 I continued on to take on additional roles with the Girl Scouts. She continued, “After I stopped being a troop leader in the early 2000s, I took on roles to work with adult volunteers, and other women took over being troop leaders at schools and churches. I was elected to the board of directors, and after a few years, the secretary of the board. I chaired the committee over the next few years, and in 2012 the committee told me they didn’t want me to chair anymore so that I could be honored. My emphasis right now is going to be helping volunteers get recognized and continuing to have a strong contingent so we can continue to make sure scouting is available to every girl in New York City.” Swiatowski is also the recipient of the Thanks Badge II, the highest award at the national level that an adult volunteer can receive, and the New York Executive Award, the highest award at the council level that a adult volunteer can receive. BACKGROUND: “My grandparents moved here from Poland, and I was born right here in Queens, born and raised in Maspeth. I was a Girl Scout at St. Adalbert’s, where I won the First Class Scout award, which was the highest honor a girl could earn at that time. I joined the Girl Scouts because at the time, there were very few extracurricular activities for girls, especially since women’s sports wouldn’t really come about until the late 1960s. Today I’m living in Kew Gardens Hills.” FAVORITE MEMORY: “I have many favorite memories, but one of them is from when I was at camp. I was able to see a girl from the time she was in the fourth grade to the time she was a senior in high school. Each year I could see how she grew, developed, changed, and took on different roles until she became the person the younger girls looked to for guidance. I saw growth and confidence build in her, and watched her grow into a young woman. That’s what it’s all about.” BIGGEST CHALLENEGE: “My biggest challenge right now is figuring out how we can continue to reach these girls and reach out to more of them in general. It’s difficult getting people to realize the importance of volunteering and realize that they need to support these organizations, whether it’s as a volunteer or with contributions so that the work can continue.” INSPIRATION: “There are a number of people in my life who have inspired me by doing little everyday things and not looking for applause. What inspires me is knowing that if we take one step forward every day and help just one person – whether physically or emotionally – that we can really make a difference. I see inspiration in a lot of people.” BY JOHANN HAMILTON 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. Legally Speaking By: Scott Baron, Attorney at Law TRIPPING ON THE SIDEWALK Q: In New York City, in an area of the sidewalk near a fire hydrant, my foot became caught. I tripped and fell. This area is a rectangular depression with an irregular asphalt surface, the size of a sidewalk flag. In it, close to one edge, next to the curb, is this fire hydrant. In the past, the City had repaired the hydrant, and refilled the excavation with blacktop, but the sidewalk was never really smooth after that. The depression is located directly in front of a commercial store. Who is reasonable for the maintenance of the sidewalk? The City or the Commercial store owner? A: In New York City, a statute shifts tort liability from the City to a commercial property owner for personal injuries proximately caused by the owner’s failure to maintain a sidewalk abutting its premises in a reasonably safe condition. That statute seems to apply to the area at issue here, lying between the curb line and the property line and intended for the use of pedestrians. At first glance, this defect in the sidewalk squarely falls within the definition of a substantial defect which is the property owner’s duty to repair. However, the statute does not impose strict liability upon a property owner, and you have the obligation to prove the elements of negligence to demonstrate that the owner is liable. Moreover, the owner will doubtless contend that, notwithstanding its duty to maintain the sidewalk in a reasonably safe condition, the statute does not shift tort liability where the sole proximate cause of the injury is a defect created by the City’s affirmative act of negligence. From all this, it appears that both the owner and the City will remain as defendants, well past the summary judgment stage. 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
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