10 The Courier sun • WELCOME TO • june 4, 2015 FOR BREAKING NEWS VISIT www.couriersun.com Legally Speaking By: Scott Baron, Attorney at Law NYC Lic.#1001786 & Nassau #HO421840000 COURTS MUST FOLLOW THE LAW Advertorial Q: Thirteen months ago, my uncle fell onto the subway tracks. He was hit by a train. For the next seven weeks, my uncle lay in the hospital, immobile from surgical procedures, laced with painkillers, getting his customary methadone and writhing for a cigarette. In between that and my uncle’s usual severe depression, his attorney found it very difficult to move forward – although he did manage to serve a notice of claim on the MTA a few weeks after the fall. Now my uncle is being told that it is too late to start a personal injury action. A: So far as is applicable, section 1276(2) of New York’s Public Authorities Law provides that no action against the MTA founded on tort (except for wrongful death) may be commenced more than a year after the accident. However, under section 208 of New York’s Civil Practice Law and Rules, the deadline can get extended by a period of insanity. Our courts are very parsimonious in permitting this dispensation. They have ruled that the break for insanity does not encompass the temporary effects of medications administered in the treatment of physical injuries. Given that your uncle was able to retain an attorney, it is very difficult to contend that he was insane. When section 208 was enacted, a legislative committee considered the possibility of substituting the phrase mental illness for the term insanity, but rejected that possibility. The courts are not permitted to rewrite this law. They are obliged to follow it. Unless there are facts that you have failed to mention, I am apprehensive that your case can go no further. 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 Avenue, Yonkers, NY 10710(718) 738-9800, (914) 337-9800, 1-866-927-4878 EST. 1995 WEBER HOME IMPROVEMENT CO. WE SPECIALIZE IN: Kitchen & Bath Remodels, Window & Door Installations, Finished Basements & Decks. Present this ad for 10% off your project over $5000. Must be presented at time of signing contract. Discount will be applied to final payment. Offer expires 7/15/15. ALL WORK PROUDLY GUARANTEED www.webercarpentry.com 718-323-9797 “YOUR NEIGHBOR IN HOWARD BEACH” DON’T FORGET YOUR DECK! You Vote of the They Win. 2015 THE QUEENS QueensCourier.com NOMINATE YOUR FAVORITES UNTIL JUNE 30 HOME, GARDEN, & SERVICES Who’s the best in town? The Queens Courier is asking youto tell us! We are thrilled to announce the next round of our Best of the Boro Competition: Home & Garden, Services You pick which local businesses are worthy of competing by submitting nominations according to category online at QueensCourier.com NOMINATION PROCESS: • WHEN: 12 am May 23- June 30, 2015 • WHERE: Go to QueensCourier.com, click on the Best of the Boro logo, and fill out nomination form. • HOW: You may nominate your favorite business or your own business in Queens in multiple categories (as long as they apply). • WHO: By the end of the nomination process all those nominated will move on to the voting round as long as they qualify for the category. like us on facebook Facebook.com/BestoftheBoro follow us on twitter @BestOfTheBoro www.QueensCourier.com
SC06042015
To see the actual publication please follow the link above