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CHICKEN LITTLE
Q: As I was sleeping, a portion of the bedroom ceiling fell on my head. I
had been residing at this apartment for more than a year. The landlord had
always advised me to inform the super of any complaints about my apartment. I
had previously complained to the super that the ceiling was damaged and waterstained,
and that I feared it might fall on me.
A: A landowner has a duty to maintain the property in a reasonably safe
condition in view of all the circumstances, including the likelihood of injury to
others, the seriousness of the injury, and the burden of avoiding the risk. In order
for a landowner to be liable in tort to a plaintiff who is injured as a result of a
defective condition upon property, it must be established that a defective condition
existed and that the landowner affirmatively created the condition or had actual
or constructive notice of its existence.
Your landlord is likely to argue: (1) that she maintained the premises in
a reasonably safe condition; and (2) that she neither created the dangerous
condition nor had actual or constructive notice of its existence.
Suppose that the super testifies that he had not received any prior
complaint about this area of the ceiling. His testimony merely raises an issue of
credibility, and the jury is always free to believe you rather than him. Suppose
that the landlord testifies that the super was merely a tenant in the building who
lacked any authority to receive and address your complaints. Once again, it
appears that the jury is free to believe otherwise.
H & R Block arrives in L.I.C.
15-485
HRBLOCK.COM
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41-18 CRESCENT ST, LONG ISLAND CITY, NY 11101
718-707-0295
47-46 VERNON BLVD, SECOND FLOOR, LONG ISLAND CITY, NY 11101
718-707-0955
Hernan Barona, E.A
50 years of service to
the Building Industry
Fift y years.
Th at’s how long the Queens & Bronx Building Association
(QBBA) has been serving as the voice of the Building Industry.
And to celebrate, the QBBA will be honoring its past presidents
– and looking ahead to the next half century -- at its annual
Building Awards and Holiday Gala on Saturday, December 2.
Th e QBBA is a trade organization with more than 300 construction
related member companies. It is the only local association
devoted entirely to protecting the interests of all involved
in the building community.
Help them celebrate a half century of service to the industry
on
Saturday, December 2, 2017
6:00pm – 11:00pm
At
Marina del Rey
One Marina Drive
Th rogs Neck, NY 10465
To reserve your tickets or to purchase a journal ad , call 718-
428-3369 or email june@queensbronxba.com.