FOR BREAKING NEWS VISIT www.couriersun.com september 25, 2014 • The Courier sun 43 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 Oil & Bioheat fuel. Savings. Service. Value. Oil Heat • Pricing plan options to suit your needs • SmartPay budget payment plan to help manage oil costs all year Ultra Low Sulfur Bioheat Fuel • Helps your system reduce air emissions by over 70% • Improves effi ciency for less maintenance & cleaner environment Call today for special offers! 1.866.539.5361 Oil | Natural Gas Heating | Cooling petro.com petro mobile connect on Additional terms and conditions may apply. Some services may not be available in all areas. NYC Lic. No. 1314079. ©2014 Petro. P_14473 Legally Speaking By: Scott Baron, Attorney at Law FELL DOWN THE SHAFT Q: My building has an elevator. To enter the cab, I must pass through two doors: the elevator door on my floor and the door to the cab itself. After the cab is stopped, the door on my floor will unlock. I can open it if I wish to get in the cab. When the cab is not stopped at my floor, a safety device – called an ‘interlock’ – locks the floor door. The purpose of the device is to prevent me from falling down the elevator shaft. One day, erroneously believing that the cab was stopped on my floor, I pulled the door to the elevator, stepped forward and fell down the shaft. Obviously, the device had failed to work. A maintenance man for the elevator service company thinks that the device failed to work properly because it was damaged by fluids that had entered the device. Occasionally, individuals relieved themselves in the elevator. Also, mop water would penetrate the device. A:Both the landlord and the elevator service company had a duty to maintain the elevator, particularly the device. This is true both at common law and under Administrative Code of the City of New York § 27-994(e), which requires your elevator to have a hoistway-door interlock. The landlord and company were negligent in failing to maintain the device. Their negligence caused your accident. For a witness to be qualified as an expert, he must possess the requisite skill, training, education, knowledge or experience from which it can be assumed that his opinion is reliable. It is questionable whether the maintenance man possessed such skill, knowledge and experience. Moreover, your own expert might testify that fluids penetrating the device should not have caused this accident. If fluids had penetrated the device, an electrical short circuit would have caused the elevator to shut down. The device can only have failed because it was not maintained properly. 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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