16 The Courier sun • DECEMBER 5, 2013 for breaking news visit www.couriersun.com Our job is making sure no longer goes that waste to waste. Find out more at ThinkGreen.com Energy creation. Recycling programs. Closed-loop solutions. Those are just a few of the innovations we’re delivering for customers and communities alike. We live in a world where things can no longer go to waste. That’s why Waste Management is working to get the most from resources. It’s good for business and the environment. ©2012 Waste Management, Inc. Legally Speaking By: Scott Baron, Attorney at Law TRIM THAT TREE Advertorial Q: My vehicle was struck in an intersection. The other driver entered the intersection after failing to stop at a stop sign. He says the he could not see the stop sign. It was obscured by a tree that was located between the sidewalk and the curb. The tree had been planted by a home builder. A: As a general rule, a builder or contractor is justified in relying upon the plans and specifications which he has contracted to follow. A contractor that performs its work in accordance with contract plans may not be held liable unless those plans are so patently defective as to place a contractor of ordinary prudence on notice that the project, if completed according to the plans, is potentially dangerous. Suppose that the builder can establish (1) that in planning for the location of the curbside trees at this project, it relied on and followed plans that were prepared by its architect and engineer and were approved by the City and (2) that it assumed no duty to return to the site to remedy any defects that might eventually develop. You will need to prove that the contract plans were so clearly defective that a contractor of ordinary prudence would not have performed the work. Otherwise, you have no claim against the builder. You appear to have a stronger case against the City. In general, a city has a duty to maintain its roads in a reasonably safe condition, and that duty includes the trimming of trees in highway rights-of-way to assure the visibility of stop signs. The City may be liable for a dangerous condition of a street or traffic sign if it has ‘actual or constructive notice’ of that condition. Under these circumstances, your attorney is likely to contend that the City bears the heavy burden of establishing that it had no notice. 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 © 2013 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 ‘Tis the Fleason The holiday season is here and the LIC Flea & Food Holiday Market is bringing visitors unique items, a bowling alley, jazz band and even holographic art that will pop out of the canvas. This summer, an empty lot in Long Island City transformed each and every weekend into the premier Food and Flea Market in all of New York City. Visitors enjoyed everything from artisan jewelry and gourmet teas, to barbecue that had been smoked overnight, and a mobile doghouse of specialty canine treats and toys. Starting Saturday, December 7, the LIC Flea comes out of hibernation, returning every Saturday and Sunday to the warehouse connected to the original outdoor lot at the corner of 5th Street and 46th Avenue. Many of your favorite vendors are returning, along with some fresh new faces, totaling over 100 vendors. One of the unique vendors includes the Center for the Holographic Arts, a nonprofit organization, also known as the Holocenter, which will be selling affordable holograms. The 3D pieces feature images of the human anatomy, nature and even images for those “Star Trek” fans. All the holograms are provided through a partnership with The Hologram Place and 15 percent of all sales will go towards the Holocenter. “We’ve occupied a couple of studies and spaces that aren’t directly under the public eye,” said Jonah Levy, project director of the Holocenter, who hopes visitors will be amazed by the holograms. “The LIC Flea is in such an amazing location. We really anticipate a large crowd.” Dandy Wellington and His Band will be performing at the LIC Flea Holiday Market every Sunday. Inspired by the Big Band Era of jazz, Dandy Wellington LIC FLEA & FOOD HOLIDAY MARKET has taken the sounds of the 1930s and 40s and created a world of well-dressed music. For those more inclined to roll than rock, JIB Lanes will provide a real bowling alley for recreation. And the New York Cosmos will have professional players signing autographs and offering soccer activities. After all of that, when you need a refreshment, this time around we will be raising spirits—quite literally—at a bar that will be serving beer, wine and holiday cocktails. Be sure to break out the ugly Christmas sweaters and get ready to smile, because there will be complimentary photographs with Santa Clause from 11 a.m. to 2 p.m. every Saturday and Sunday. The site is walking distance from the No. 7, E and G trains, and the LIC East River Ferry stop. It can also be accessed directly from Gantry Park’s walkway, along Anable Basin. A parking garage is available on 5th Street. Center for the Holographic Arts
SC12052013
To see the actual publication please follow the link above