FOR BREAKING NEWS VISIT www.qns.com july 7, 2016 • The Courier sun 21 Adrian& Rocky’s CATERING “FOR THE VERY BEST IN BUFFET STYLE CATERING” CATERING FOR ALL OCCASIONS BARTENDING & WAITRESS SERVICE AVAILABLE! Call 718.845.5525 132-08 Cross Bay Boulevard • Ozone Park SERVING QUEENS FOR OVER 20 YEARS • Business Meetings • Engagement Parties • Cocktail Parties • BBQ’s • Christenings • Communions • Anniversaries • Showers • Sweet 16’s • Graduations EXPERIENCE “The Original” Planning a Party? Our Specialties or Fax 718.845.5643 VISIT US AT WWW.ADRIANSCATERERS.COM EMAIL ADRIANS1@VERIZON.NET All Major Credit Cards Accepted • DELIVERY IS FREE OF CHARGE WITH ALL CATERING PACKAGES Legally Speaking By: Scott Baron, Attorney at Law THE ROCKER Q: My job is to do sheet-rocking. I install the sheet-rock and do the taping, beading, spackling and sanding. Arriving at a partially-constructed residence, I spoke with the owner. We talked about the way I would sheet-rock his archway and the skylights. I gave various options, and he made a selection. In addition, the owner requested that I complete the kitchen before the rest of the job. Afterwards, I put together a makeshift platform and set about performing my work. The platform collapsed, and I fell through an open stairwell. A: Under section 240 of the New York Labor Law, an owner who contracts for such work as sheet-rocking shall supply such safety devices as a properly constructed platform – except for the owner of a one- or two-family dwelling who does not direct or control the work. The owner will argue that, although he may have made some aesthetic decisions, he did not actually direct or supervise you with respect to the sheet-rock work and accordingly is entitled to the homeowner’s exception. The jury will need to listen carefully to your testimony, and that of the owner, in order to determine whether, and to what extent, the owner supervised the method and manner of your work. Every homeowner must make some decisions about scheduling and quality. Ordinarily, these decisions do not equate to direction or control. In other cases, there is an overall pattern of interaction between the owner and the various workers that amounts to direction or control. 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
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