In Blackstock v.Board of Education of the City of New York, decided on May 12, 2011 by The Appellate Division, First Department, a special education speech therapist employed by the defendant Board of Education, claimed that she suffered personal injury as the result of an assault by a student. She…
In Churchill v Malek, 2011 NY Slip Op 03673, decided May 3, 2011, The New York Appellate Division, First Department held that a plaintiff in a personal injury action cannot be compelled to disclose confidential psychological or psychiatric records. The Court stated as follows; “Given that, in this personal injury…
In Fox v H&M Hennes & Mauritz, L.P;et.al., 2011 NY Slip Op 03205, decided April 19, 2011, The Appellate Division, Second Department rejected defendant’s claim that plaintiff was enagaed in routine maintenance and thus Section 240(1) was not applicable. The facts as set forth by The Court were as follows;…
Our partner Ben Rubinowitz successfully resolved a claim against the New York City Transit Authority for $4 million. At the time of the accident, a young woman was crossing a New York City street when she was struck by a bus driven by a N.Y.C.T.A. employee. The defense claimed the…
The Nassau Academy of Law is hosting a 6-session hands-on workshop series to learn and develop effective trial skills, from jury selection through summation. On Monday, April 4, 2011 our Partner Ben Rubinowitz will co-chair and present a lecture and interactive workshop on cross examination to lawyers who attend…
In Jose Miguel Moran v 200 Varick Street Associates, LLC, et al., 80 A.D.3d 581; 914 N.Y.S.2d 307, The Court granted the plaintiff’s motion for summary judgment on his 240(1) cause of action. The plaintiff suffered injury when he fell from a scaffold that lacked proper safety railings. Of particular…
We are pleased to announce that our partner Ben Rubinowitz and his good friend and colleague Evan Torgan were recently featured in the New York Law Journal. For more than 10 years Ben Rubinowitz and Evan Torgan have been providing Expert Commentary in their column, “Trial Advocacy.” Often, Richard Steigman…
The Court of Appeals on February 17, 2011, in a 4 to 3 decision has just written an extremely interesting and important opinion (Kabir v. County of Monroe) regarding New York Vehicle & Traffic Law, Section 1104(e). The Court held that the reckless disregard standard of care in V &…
Gloria Aguilar was awarded $27 million The Appeals Court in New York, known as the Appellate Division, First Department, allowed a total damage award of 18.5 Million Dollars for a woman who lost her leg as a result of the negligence of a bus driver employed by the NYC Transit…
Waldorf-Astoria A guest who stayed at New York’s famous Waldorf Astoria hotel claims she was bitten multiple times during a 2007 visit. Svetlana Tendler, a doctor, is the third person to file a personal injury lawsuit against the storied hotel for bed bug related injuries, as reported by The Gothamist.…