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…
By Anthony H. Gair In Gasques v. State of New York, 15 N.Y.3d 869, 910 N.Y.S.2d 415 (Ct. Apps. 2010), , a two paragraph decision with regard to Section 240(1) the Court stated as follows: “Claimant Wanderlei Gasques was injured while repainting the inside of a leg of the Kosciuszko…
In a recent article, the New York Law Journal joined with lawyers and law firms in celebrating the 40th Anniversary of the National Institute for Trial Advocacy. NITA, as many lawyers know it, is widely recognized as the premier training center for trial lawyers in the United States. Our partner,…
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…
In Pitts v. Bell Constructors, Inc.,et.al., 2011 NY Slip Op 1220 decided February 18, 2011 The New York Appellate Division, 4th Department reversed the lower court’s granting summary judgment to the defendant on plaintiffs’ Labor Law Section 240(1) cause of action and granted plaintiffs’ cross motion on their Section 240(1)…
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 &…
In recognition of his success in the Courtroom, Ben Rubinowitz has been asked to lecture to students attending St. John’s Law School on February 28, 2011. Not only will Ben lecture to the students but he will demonstrate successful cross examination techniques in cases in which Ben has obtained multi-million…
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…
Glens Falls Hospital Dr. Stephen Serlin, an obstetrician-gynecologist, has been ordered to pay $3 million for medical malpractice for brain injuries sustained by a girl during childbirth over 17 years ago. Those injuries have been blamed for serious development problems, including cerebral palsy, during the child’s life. For Serlin, the…
We are pleased to announce that GGCSMB&R attorneys Ben Rubinowitz and Bob Conason will speak at the New York State Trial Lawyers Association’s 2011 Masters Series. The subject will be openings & summations. See the program summary below for details and register for the series here.