CPC_p009

CP012017

Villaggio 2012 Come See Our Sun Room Holds Up to 35 People For Your Party Let Us Cater Your Next Party Fine Italian Cuisine • Traditional Brick Oven Large Selection of Wine & Beer THE ART OF ELDER LAW For more than 30 years the elder law firm of Ronald Fatoullah & Associates has been providing New Yorkers with legal solutions that protect, relieve and endure for generations. Our dedicated attorneys are skilled in the art of giving legal advice and are accomplished in elder law, Medicaid eligibility, estate planning, trusts, estate mediation, wills, asset protection, guardianships, probate and most issues associated with the challenges of aging. Our distinguished reputation is based on a commitment to the highest ethical and professional standards and our core values of honesty, integrity, and excellence. “We won’t settle for anything less”. 1-877- ELDER LAW 1-877-ESTATES Queens • Long Island • Manhattan • Brooklyn ATTORNEY ADVERTISING WWW.QNS.COM | JANUARY 2017 | CRYDER POINT COURIER 9 Open for Lunch and Dinner 7 Days A Week 150-07 14th Road • Whitestone 718.747.1111 www.villaggiohome.com Become a fan On Facebook.com For Special Offers of the THE QUEENS QueensCourier.com RAISING THE FLAG In the City, while walking on the sidewalk in front of her facility, my mother tripped and fell on the edge of a sidewalk ag. It was not level with the adjoining one. e cable company maintains an underground vault there. Its cover is located in the area on which my mother tripped. We took photographs. A crucial question is whether the edge of the sidewalk ag was located within 12 inches of the perimeter of the vault cover. As a general rule, within 12 inches, the cable company has the duty to repair any defect in the pavement. Outside 12 inches, the owner of the abutting property has that duty.Your attorney will argue that the uneven condition of the sidewalk ags had existed for a sucient length of time to permit the defendant to discover and remedy it. us, the defendant had ‘constructive notice’ of the dangerous condition. e parties will look for evidence on such questions as whether the condition was visible or apparent and whether the defendant had inspected the ags recently. Even if the cable company lacked any notice, and even if the defect was outside twelve inches of the cover, the company will nevertheless be liable if it created the hazardous condition when it installed the underground vault – or if, subsequently, the company damaged the cover.


CP012017
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