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New York Personal Injury Attorneys Blog

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In New York Construction Accident Court Affirms Summary Judgment Against Prime Contractor/Construction Manager On Plaintiff’s Labor Law § 240(1) Cause Of Action

In Barrios v. City of New York, et.al., decided on July 13, 2010, The Appellate Division, Second Department, affirmed the granting of Summary judgment against a prime contractor/construction manager despite the prime contractor not being in privity of contract with plaintiff’s employer. In holding the defendant contractor to be a…

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In New York Construction Accident Court Holds Forklift a Mobile Crane Within Meaning Of Industrial Code

In McCoy v. Metropolitan Transportation Authority, et al., The First Department held that a Gradall Forklift was a mobile crane within the meaning of the Industrial Code, 12 NYCRR 23-8.2 stating; “The court correctly held, based on the evidence adduced at the framed-issue hearing, that the subject equipment was a…

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Ben Rubinowitz To Be Team Leader of Renowned NITA Program:Building Trial Skills: National Session

Ben Rubinowitz will be the Team Leader of Building Trial Skills: National Session, one of the preeminent programs of The National Institute for Trial Advocacy. The program will be held in Louisville, Colorado from July 10-24, 2010 at The NITA Education Center. “During the two weeks you will practice, then…

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New York Appellate Division, Second Department Denies Defendant’s Motion To Recover Damages Based Upon Lack of Informed Consent

In Wilson-Toby v. Bushkin, a New York Medical Malpractice case, our partner Rhonda Kay, obtained an affirmance of the lower Court’s denial of defendants’ motion for summary judgment dismissing the second cause of action to recover damages based upon lack of informed consent. The plaintiff underwent elective cosmetic breast surgery…

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