In McCallister v 200 Park, L.P., 2012 NY Slip Op 01595, decided 2/28/12 The Appellate Division, Second Department, granted the motion by the plaintiff construction worker for summary judgment on his 240(1) claim despite the fact that the base of a scaffold which fell and struck him was at the…
Howard S. Hershenhorn Gair Gair Conason Steigman Mackauf Bloom & Rubinowitz Thomson Reuters, in an article entitled, “Crane collapse trial could be uphill battle for prosecutors” quoted Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf partner, Howard S. Hershenhorn, on the difficulties of prosecuting the 2008 crane collapses in Manhattan that…
Relatives are suing the nursing home where a 77-year-old dementia resident walked away from last month and later died. International drug maker Teva Pharmaceuticals will pay more than a quarter billion dollars to settle most of the lawsuits arising from Southern Nevada’s hepatitis C outbreak. A woman who had a…
In Kempisty v 246 Spring St., LLC, 2012 NY Slip Op 00901, Decided on February 9, 2012, New York Appellate Division, First Department, The Court modified the decision of the lower Court dismissing the plaintiff’s 240(1) claim to the extent of reinstating the § 240(1) claim and granting plaintiff summary…
This presentation is part of the New York State Bar Association Construction Site Accidents seminar 2011. Howard Hershenhorn is a partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. Mr. Hershenhorn has extensive experience in high profile personal injury cases in the areas of medical malpractice, automobile accidents,…
A California resident traveling board the Holland America Line’s Rotterdam cruise ship sues the company for negligence. Jury selection is under way in a multimillion-dollar medical malpractice lawsuit against Indian River Medical Center, having to do with an infant born dead to a St. Lucie County couple in 2008 who…
In this New York construction accident the motion by plaintiff’s lawyers for summary judgment on his Labor Law 240(1) claim was granted by The Court in Rich v West 31st St. Assoc., LLC, 2012 NY Slip Op 00734, Decided on February 2, 2012, Appellate Division, First Department. Plaintiff, was injured…
Our partner Stephen Mackauf will speak at the New York City Seminar, Medical Malpractice-2012. He will discuss Deposition and Trial Examination of the Defendant. This seminar is sponsored by The New York State Bar Association and is being held State wide. The New York City Seminar is scheduled for March…
In Torres v Our Townhouse, LLC, 2012 NY Slip Op 00418 decided on January 24, 2012 The New York Appellate Division, First Department in a one paragraph decision reversed the denial of plaintiff’s motion for partial summary judgment on his Labor Law § 240(1) cause of action and granted the…
From RSN; “In defending the U.S. military’s medical system in court, the U.S. Department of Justice is arguing that service personnel and their families are not allowed to sue for medical malpractice regardless of the circumstance. As a general rule, military members are barred from taking the government to court,…