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SC09112014

FOR BREAKING NEWS VISIT www.couriersun.com september 11, 2014 • The Courier sun 29 A SPECIAL RELATIONSHIP Q: At an intersection, proceeding through a yield sign, a westbound vehicle collided with mine, which was northbound and not governed by a traffic-control device. Neither of us intended to turn at the intersection. When I had almost cleared the intersection, the westbound vehicle struck my right rear, causing my vehicle to roll over. For each of us, the view of the street from which the other driver was approaching was somewhat obstructed by hedges. I want to sue the town. A: No town is an insurer of the safety of its roads. It cannot be that the absence of a stop sign or traffic signal rendered the westbound driver unaware of the need to stop. The yield sign gave the westbound driver all the warning – all the notice of danger – that a stop sign would have afforded. The westbound driver should have seen the yield sign and should have been aware that his view of northbound traffic was obstructed. His failure to stop, not the type of sign, was the proximate cause. Most likely, the town has a code provision providing that no obstructions to vision, including landscaping, shall be erected or maintained in proximity to an intersection. With one exception, our law is that the town is not liable to you for failure to enforce such a statute or regulation. The exception is where the town has voluntarily assumed a special relationship with you beyond the duty that is owed to the public generally. A ‘special relationship’ requires the presence of four elements: (1) an assumption by the town of an affirmative duty to act on behalf of you; (2) knowledge on the part of the town’s agents that inaction can lead to harm; (3) some direct contact between the town’s agents and you; and (4) your justifiable reliance on the town’s affirmative undertaking. An example might exist if the town had directed you to travel on this route. From what you have said, there was no special relationship. The Sanctuary at Mount Lebanon The only Indoor Jewish Community Mausoleum In New York’s Five Boroughs Special Prices and Choice Locations in the All New Building for a limited time • Single & Companion Gravesites • Family Plots • Niche Space for Cremated Remains Affordable Payment Plans • Credit Cards Accepted A Not-For Profi t Cemetery serving the Jewish Community since 1914 7800 Myrtle Ave • Glendale, Queens, NY 11385 718-821-0200 • www.MountLebanonCemetery.com Announcing Our Maine Lobster Fest 1¼ lb. Maine Lobster Corn on the cob, baked potato, choice of soup or salad (Manhattan or New England Clam Chowder) $1995 Enjoy our FULL COURSE DINNERS INCLUDES: Cup of Soup, Entree, Potato and Vegetable or Pasta, Dessert & Co ee, Tea or Soda $1995 Served 4 p.m. - 10 p.m. Mon-Fri, except holidays TRY OUR NEW LATINO SPECIALS ARROZ CON POLLO Sautéed chicken in sofrito and fresh herbs, chorizo, Spanish olives served with a caldera of sa ron rice with tostones and soup or salad ............................................. $16.95 CHURRASCO GAUCHITO New York sirloin grilled with garlic and fresh herbs accompanied with chimichurri Sauce served with rice, mix beans, tostones and soup or salad .................................. $19.95 POLLO GIARDINO Sautéed chicken breast in garlic with broccoli and light tomato sauce over penne pasta ............................. $15.95 PERNIL ASADO Tender roast baby pork with Spanish rice, mixed beans & Maduros, spicy green or red sauce served with vegetables and salad .......................... $16.95 80-26 Queens Blvd. Elmhurst, NY 11373 (corner of 51st Ave) 718-426-2229 Fax: 718-426-3535 PLENTY OF FREE PARKING 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


SC09112014
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