FOR BREAKING NEWS VISIT WWW.QNS.COM MARCH 30, 2017 • THE QUEENS COURIER 73 WE DIDN'T BUY Q: My husband and I were attending an open house. While the owners greeted other potential buyers, we went upstairs to take a second look at the small bedroom adjacent to the deck. We went out onto the deck through the sliding glass door. Although the wood looked weathered, I did not observe anything rotting or decaying or deteriorating or unstable. After a couple of minutes, I heard a lot of creaking and crackling, and saw the deck separating from the house. Then, the deck collapsed, along with me. As I fell, I observed my husband dangling, although he himself did not fall. After the accident, a fire marshal prepared an incident report. He stated that the deck was secured only by 12 large framing nails that were nailed into the deck and were secured into the side of the dwelling through the house’s vinyl siding, and added that the improperly installed deck was the single factor that contributed to the collapse. It turns out that, while the architectural drawings required four vertical posts to be placed at each corner of the deck, embedded in a concrete footing, there were none. The owners say that they were not involved in the construction work. And, because of the way that contractor had covered the underside of the deck, they could not know how the deck was attached to the house. A: If the defect in the deck was latent, not readily observable, and could not be discovered by the owners upon a reasonable inspection, then they could not have constructive notice of the defect, and seemingly would not be liable. However, the contractor can certainly be held liable to you if it negligently created a dangerous condition by launching an ‘instrument of harm’. Your attorney will argue that the contractor launched an instrument of harm by negligently constructing this deck. WE KNOW AND SERVE ALL OF QUEENS For experience, insight, and access to guide you skillfully through all things real estate, contact our Bayside Office and put the power of Elliman to work for you. BAYSIDE | 36-29 BELL BLVD. | 718.631.8900 WHITESTONE $438,000 Whitestone Manor Condominiums. Exclusive residence mint one bedroom featuring designer kitchen & porcelain tile bath, spacious rooms, beautiful hardwood firs, cac, skylights, storage & many amenities. Call Maria, LSA & Larry, LBA Carr-Falabella Team917.567.6732/917.642.2921 N. Woodmere $819,000 Beautiful 1 Family Split Home Excellent Condition Features Sunny Living Room With Skylight, Formal Dining Room, Eat-In-Kitchen W/Granite Countertops, Master Bedroom With A Big Bathroom, And Walking Closet, Large Family Room ,Full Finished Basement, and Much More! Call Mayra Genao, LSA 347.247.7996 Woodhaven, Queens $799,000 Detached Legal 2Family features 4bedrooms over 3bedrooms, full finished basement, private driveway. Near J Train, buses, shopping and trans. Call Mayra Genao, LSA 347.247.7996 BEECHHURST STUDIO $130,000 Plenty of room here~ Unit features "4 large" closets, entry hallway, over sized room, separate kitchen area, 9 ft ceilings, over sized windows~&~ wood flooring throughout. Create a New York City look with a feeling of the suburbs....Local bus Q 15~&~ Express QM2 to Midtown. Minutes to Shopping, local highways & bridges LOW MAINTENANCE ~ 10% DOWN~ &~ NO FLIP TAX Call Debbie Fiscaletti, LBA, 917-848-1163 SUNNYSIDE/WOODSIDE $2,450,000 Legal (6) Family Brick Home...Great Investment Property! Home features Fully Renovated (6) One Brs apartments. 3 Car Garage w/party drwy, full bsmt with storage areas & hardwood flrs throughout . Three (3) Blocks To 7 Train. Call Maria, LSA & Larry, LBA Carr-Falabella Team 917.567.6732/917.642.2921 DOUGLAS MANOR $1,988,000 This Stately 5BR Corner CH Colonial is meticulously maintained and manicured set on 90x100 property has bright & spacious rooms. Cherry wood EIK with granite counters & SS Appliances and access to deck. Beautiful hardwood floors, full fin. bsmt., 2Car garage and long private driveway. Call Terry & Peter Korahais, LBA's 718.819.4021/22 or718.614.3167
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