92 THE QUEENS COURIER • MAY 18, 2017 FOR BREAKING NEWS VISIT WWW.QNS.COM THE ELEVATOR ABOVE Q: One day in my work as an elevator repairman, I was called to fix an elevator’s safety shoes (something that is unrelated to normal wear and tear). Although it turns out there was a ‘kill switch’ located in the building superintendent’s office, I was not aware of it. What’s more, the super did not remain on the premises while the repair was ongoing, as required by the service contract. You guessed it: the elevator fell on top of me. A: This elevator required securing for the purpose of your repair work. It was a falling object within the contemplation of section 240(1) of the Labor Law. Under that statute, the owner of a building can be subject to absolute liability for injuries which result from its failure to provide you with proper safety devices, without regard to your comparative fault. Sometimes, a defendant will contend that the worker was the ‘sole proximate cause’ of his injury: that adequate safety devices were available, that you knew that they were available and that you were expected to use them, but that you unreasonably chose not to do so. Here, there is such no indication. As for section 200 of the Labor Law – common-law negligence – your attorney may be expected to contend that the owner had supervisory control over the means and methods of your work. As one indication, the service agreement between the owner and your employer provided that the owner would shut off the power to the elevator in the case of repair. As another, the owner (or its employees) sometimes gave you specific instructions. Gorgeous 4 bedroom, 1 bathroom apartment in the heart of Ridgewood, Queens at 61-19 Madison Street, with true hardwood floors throughout, a large living room, spacious bedrooms with closets and high ceilings. The apartment is full of natural light and there are windows in every bedroom. There is a large wrap around kitchen area with an island and bar stools with a great view out of oversized windows. The open living room space is accented by a patterned wall. Also elevated outlets and cable wire on each bedroom wall and living room so tenants can easily hang a flat screen tv. This apartment is practically inches from the M train on Fresh Pond Road, close to neighborhood eateries like Gyro World, Taqueria Kermes, and MiniItalia Pizza, as well as Fast Service Laundromat and bars like Sweet Jane and The Monk. Pets are allowed and access to yard is available as part of rent. The rent is $3200 per month. Landlord pays heat and hot water, tenant pass gas and electric. M at Fresh Pond Rd 0.11 miles M at Forest Av 0.36 miles M at Metropolitan Av 0.49 miles M at Seneca Av 0.66 miles J at Cypress Hills 1.72 miles Please contact owner joe 347 558 3086
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