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…
Peer Review Ratings attest to a lawyer’s legal ability and professional ethics in specific areas of practice, and reflects the confidential opinions of members of the Bar and Judiciary. Mr. Sallay’s legal ability in the field of Personal Injury Law, as rated by his peers, received a “Preeminent” rating which…
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…
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,…