In Anastasi v. Terio, decided by The New York Appellate Division, Second Department on May 17, 2011, reversed the granting of Summary Judgment for defendants in this action for wrongful death. The case involved a car accident that took place at an intersection in Queens, New York City. The traffic…
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…
Our partner Howard Hershenhorn recently settled this case in New York Supreme Court, New York County. The case involved the wrongful death of a 38 year old construction worker who fell from a ladder at 80 Centre street in Manhattan. The construction worker was in the process of demolishing a…
In their most recent article, Ben Rubinowitz and his good friend and colleague Evan Torgan, discuss various ways trial lawyers can maximize damage awards in personal injury, medical malpractice and wrongful death cases. The title of the article is “Dealing With Damages in Voir Dire and Summation.” Both Rubinowitz and…
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…
By Anthony H. Gair, In Arnaud v. 140 Edgecomb LLC, et al., decided on April 14, 2011, The New York Appellate Division, First Department, reversed the denial of summary judgment in a construction accident case on a construction worker’s New York Labor Law 240(1) cause of action. Plaintiff was working…
On April 4, 2011, a jury, after a two-week trial in Philadelphia Common Pleas Court awarded $10 Million to a 60-year-old man in a medical malpractice case in which it was claimed that the plaintiff was mis-diagnosed as suffering from ALS a fatal neuromuscular disease. The Plaintiff’s attorney, Matthew Casey,…
Brooklyn Law School President Joan G. Wexler has appointed our partner Howard Hershenhorn to the law school’s President’s Advisory Council. This select group of attorneys will help guide the Law School forward by offering the school President and Dean practical advice on the most important issues the school will face…