You drill holes for each bracket, insert a plastic fastener into the face of the building and then screw the bracket in. Oh, and insert flag when required.
Notwithstanding patriotic protestations to the contrary, installing a flag bracket is not what Labor Law 240(1) envisions. Covered work under 240(1) means work which, after it's completed, results in "significant physical change" to the structure of the building, as the Court said in Joblon, 91 N.Y.2d 457 (1998). A flag bracket is "cosmetic and nonstructural"; it is temporary. Here, the flags going into the brackets were used only "to enhance the exterior appearance of the building during the St. Patrick's Day celebration, after which they were removed[.]"
Before we get into a discussion of permanent flags and their brackets, e.g., outside a school or police station, let's try something easier to save that backyard spa.
How about a classic trip and fall? Say your client can't identify what caused him to trip? Does that mean that your daughter now has to get married at White Castle?
Rest easy. The Second Department reminds us that it's the defendant who has the burden of proving that ignorance on an SJ motion, not you. The testimony of plaintiff and his wife that plaintiff tripped and fell on an "uneven condition" on the landing of defendant's staircase is enough to save the day in Davis v. Sutton, 2016 NY Slip Op 00923 (2d Dep't 2/10/16). Leonard's of Great Neck, here we come!
What's the rule? "That which is easy shall be hard; that which is hard shall be easy."