FOR BREAKING NEWS VISIT WWW.QNS.COM JUNE 22, 2017 • THE QUEENS COURIER 89
BETWEEN A ROCK AND A PEBBLE
Q: I was attending a party. Smokers were required to go out to the back
yard. The yard was very dark, and strewn with pebbles, sticks and rocks.
Something which I could not see got caught between my heel and the rest of my
shoe. I fell.
A: Your host will probably contend that his yard was not at all hazardous,
and that, even if it was, he neither created whatever condition caused your
fall nor had notice of it. In addition, he will protest that you have failed to be
precise about the cause.
Your attorney will look for evidence that, although you could not see
the cause beforehand, perhaps you or someone else did afterwards. Indeed,
contemporaneous sight is not the only way of identifying the cause. For
example, perhaps you felt a particular feeling under your foot immediately
prior to falling, and an expert can connect that feeling to an object that was at
the spot.
While you are not permitted to speculate as to the cause of your
accident, causation may nevertheless be established by circumstantial
evidence. For a case based on circumstantial evidence, you need not positively
exclude every other possible cause. Rather, you need only render other causes
sufficiently unlikely to enable the jury to reach its verdict based upon the
logical inferences to be drawn from the evidence.
If the cause was indeed a pebble or rock, then your host will have a
hard time establishing that he lacked notice. Moreover, having directed guests
to use the back yard as a smoking area, your host had a duty to provide
adequate illumination, which apparently he did not.
R E A D Y T O S E L L ? L O O K I N G T O B U Y ?
I T ’ S T I M E F O R E L L I M A N
Open house Sat - 6/24/ 1-3p.m. 2 Bay Club - Apt 14Y
BAYSIDE BAY CLUB CONDO
Beautiful 1BR Condo with 24hour Doorman/Concierge, Security in gated
community. Beautiful water view terrace. Fully renovated, Kitchen w/ SS
appliances, wood floors throughout, lots of closets. This complex features
stores, dry cleaners, beauty parlor. Indoor/Outdoor Parking available.
Clubhouse for fitness, swimming, tennis plus indoor basketball, patio &
Garden.
Call Olga Kostovski, LSA 917.715.9089
Whitestone | $928,000
Meticulously maintained & updated Tudor Cape features hardwood floors,
hiceilings throughout. LR w/ fireplace, FDR, EIK, 4Brs & 2.5 Baths. Fin.
basement w/OSE. 1car garage & long private driveway. Near schools,
express bus, highways & bridges.
Call Terry & Peter Korahais, LBAs 718.819.4021/22
BETHPAGE $398,000
Beautiful 4BR Expanded Cape features Living room,
Formal Dining room, Eat-in-kitchen, Family room.
Attic for storage. 46x111lot size. All near Bethpage Schools,
shopping LIRR, Buses and Highways!
Call Alex DelMonaco, LSA & Donna Reardon, LBA 516.317.8090
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Bayside Hills...Lovely Detached Tudor Home.
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Vinyl Windows, 7 yr old Roof & 2 Car Garage. Home Needs Updating.
Call maria, LSA & Larry, LBA Carr-Falabella Team
917.567.6732/917.642.2921
BAYSIDE | $1,100,000
Weeks Woodland...Lovely Solid Brick Hi-Ranch.
This Home is Being Sold In "As Is" Condition, Needs Updating. Spacious
Room, Hardwood Floors, Oversized Finished Bsmt with Family Room
Including Free Standing WB Stove & 2 Car Garage.
Call maria, LSA & Larry, LBA Carr-Falabella Team
917.567.6732/917.642.2921
BEECHHURST STUDIO | $130,000
Plenty of room here~ Unit features "4 large" closets, entry hallway, over
sized room, separate kitchen area, 9 ft ceilings, over sized windows~&~
wood flooring throughout. Create a New York City look with a feeling of
the suburbs....Local bus Q 15~&~ Express QM2 to Midtown. Minutes to
Shopping, local highways & bridges LOW MAINTENANCE ~ 10%
DOWN~ &~ NO FLIP TAX
Call Debbie Fiscaletti, LBA, 917-848-1163
BAYSIDE | 36-29 BELL BLVD. | 718.631.8900
110 WALT WHITMAN RD, HUNTINGTON STA, NY, 11746. 631.549.7401 © 2017 DOUGLAS ELLIMAN REAL ESTATE. ALL MATERIAL PRESENTED HEREIN IS INTENDED FOR INFORMATION PURPOSES ONLY. WHILE, THIS INFORMATION IS BELIEVED TO BE CORRECT,
IT IS REPRESENTED SUBJECT TO ERRORS, OMISSIONS, CHANGES OR WITHDRAWAL WITHOUT NOTICE. ALL PROPERTY INFORMATION, INCLUDING, BUT NOT LIMITED TO SQUARE FOOTAGE, ROOM COUNT, NUMBER OF BEDROOMS AND THE SCHOOL DISTRICT IN
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