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…
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…
Once again our Partner Howard Hershenhorn was forced to respond to the ludicrous assertion by lawyers for master rigger William Rapetti who chose to rely on four pre-used and worn-out yellow polyester straps — called “slings,” — to secure a five-ton metal brace to the crane’s mast that Wayne Blinder,…
Robert Conason is the Chair of The New York State Trial Lawyers Seminar; Mediation and Arbitration to be held on June 21, 2010 from 6:00PM -9:00PM. For more information click here.
Our Partner, Howard Hershenhorn, who is leading our representation of the family of the crane operator Wayne Bleidner, who was killed when a 200-foot-tall rig crashed down on a dense New York City block, killing seven people, leaving a gash of destruction near the United Nations and raising questions about…
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…
NEW YORK (CBS) ― “The beauty of your balcony could have ugly consequences. The Department of Buildings said the balconies of 16 buildings in New York City are simply too dangerous to step on……” “It cost 24-year-old Connor Donohue his life back in March, but New York City’s Department of…
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…
On May 13, 2010 at 6:00 PM Ben Rubinowitz will be the featured speaker at the Nassau Suffolk Trial Lawyers Association to be held at Westbury Manor, Wesbury, New York. Ben will be speaking about Trial Practice Techniques from Jury Selection through Summation.
In a New York medical malpractice case our partner Rhonda Kay obtained a reversal of the lower court’s granting of a motion to change venue. In SIMON v. USHER, 2010 NY Slip Op 03777, The Appellate Division of the Supreme Court of New York, First Department held; “Although the moving…