In product liability cases involving allegedly defective machines such as printing presses, plastic molding machinery, power saws, power presses and innumerable others, the defense will invariably argue that it was the plaintiff’s culpable conduct which caused the accident and resulting injury. In other words, the defendant will argue that it…
In D’Amato v. Yap, et al., Decided July 8th 2008, The 2d. Department held that while plaintiffs were not entitled to Summary Judgment on liability they were entitled to a unified trial on liability and damages. The facts set forth in The Court’s opinion were as follows; “The seven-year-old infant…
In Guzman v 4030 Bronx Blvd. Assoc. L.L.C., Appellate Division, First Department, Decided on June 19, 2008 The Court held; “While plaintiffs’ expert is qualified to render an opinion on the extent of plaintiff Tyrone Guzman’s neurological deficits and may testify that those deficits are consistent with a history of…
Uninsured Motorist Coverage/Supplemental Underinsured Motorist Coverage A. When and How It Applies: 1. Uninsured Motorist Coverage (UM) – Insurance Law Section 3420(f)(1) – is mandatory in New York State which makes certain that the minimum bodily insurance coverage mandated by law is available to those involved in an accident with…
From amnewyork By David Freedlander; Twenty of the city’s high-rise crane returned to operation last week, but many of them are on construction sites that have received dozens of complaints and violations for unsafe working conditions. The complaints range from the mundane to the alarming, but in the light of…
Our Senior Partner Robert Conason and our Partner Rhonda Kay are contributing authors of Warren’s Negligence in the New York Courts, Second Edition. Warren’s Negligence in the New York Courts has been a trusted authority for negligence attorneys practicing in New York for more than 60 years. It is one…
By: Anthony H. Gair and Howard S. Hershenhorn Gair Gair Conason Steigman&Mackauf I. THE STARTING POINT In order to maximize the eventual recovery on behalf of a plaintiff, a solid foundation supporting the damages claimed must be built. The construction of this foundation begins at the first interview with the…