36 The Courier sun • july 10, 2014 FOR BREAKING NEWS VISIT www.couriersun.com THE POTHOLE LAW - I Q: In Brooklyn, walking along the sidewalk, I fell – at a big crack about a yard long, with a hole in the center. The hole was about ten inches by three inches. I am sure this hole was the cause, although there was also ice in the area and nine inches of snow. A: New York City has a statute called the Pothole Law. It requires that the City had been given written notice of the defect in the sidewalk prior to your accident, in order for you to prevail against the City. Fortunately, encouraged by lawyers, an organization named the Big Apple Pothole & Sidewalk Protection Corporation has taken upon itself to furnish the City with updated pothole maps. If your defect has been identified in the most recent of these maps, then the City has been given the written notice, and you can succeed. As you can imagine, the City will often contend that it had not received prior written notice of precisely the defect that you describe. In a city where English is often a second language, this can pose a perplexing question for the jury. Luckily, the requirement that the City must receive prior written notice before liability may be imposed is strictly construed against the City. There are no particular requirements for the specificity of the notice; the courts have ruled that the notice is sufficient if it served to bring the particular condition at issue to the attention of the authorities. A question about the variance between your description and the map’s is for the jury. Bear in mind that the jury can also infer that recent ice (which no one may be expected to have had time to remove) may have contributed to your fall, in addition to the sidewalk defect. You must be prepared to testify whether you told your treating physician that your fall was caused by a hole, or by ice. MARK YOUR CALENDAR! 8 17 14 health beauty finaanndcialEXPO A perfect event for the entire family. Sunday, August 17, 2014 11am-4pm New YORK HALL OF SCIeNCe (nysci) 47-01 111tH St, CORONA, NY 11368 Free ADmission At the Expo you will: • Get information on looking good and feeling good, investment tips, healthy eating options for your family, health insurance options, senior living and so much more. • Discover our community’s best local resources • Meet & speak one-on-one with local experts • Visit and shop exhibitor tables • Health Screenings • View and participate in a variety of demonstrations • Receive tons of fabulous giveaways and chances to wIN great prizes. Prizes given away every hour. • Enjoy all the wonderful exhibits and activites at the nysc including outdoor mini-golf and playground* FRee GOODY BAG* To sponsor, exhibiT or ATTenD cAll 718.224.5863 exT. 201 or emAil: [email protected] or regisTer AT www.brooklynspecTATor.com/heAlTh-expo Wanted! FOR IMMEDIATE CASH! PLAZA COLLECTIBLES is world famous... For good reason. We pay absolutely the HIGHEST CASH PRICES in today’s surging market: FOR MORE InFORMATIOn 212-246-2000 EXPO with your paid admission to the museum Adults (ages 18 & older): $11 Children (ages 2 – 17): $8 Senior Citizens (age 62 & older): $8 QueensCourier.com SPONSOReD BY: * while supplies last A day for anyone information financially good and how for the future.health insurance healthy eating how to lose health screenings,tips, saving care insurance living. • All Gold, Diamond and Estate Jewelry • All Pocket and Wristwatches, especially Rolexes, Pateks, etc. • All Gold and Silver Coins • All Stamp and Coin Collections • Fine Silver Pieces • Autographs and Letters of Famous People • All Better Sports Cards and Memorabilia • Fine Artwork and Paintings • Entire Estates House Calls Available • Certified Insurance Appraisals also Available We advise The Wall Street Journal, Prudential & numerous Law Firms and Insurance Companies. Please come in... “The World Famous Plaza Collectibles” 110 West 57th Street (btwn 6th & 7th Aves, across from Carnegie Hall) Legally Speaking By: Scott Baron, Attorney at Law 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 © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878
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