Our partners Jeffrey Bloom and Richard Steigman have co-authored an article entitled “The Impact of Arons: A Look at the Court of Appeals’ Decision to Allow Ex Parte Interviews of Treating Doctors and Where We Go from Here.” The Article is in The Spring 2008 Edition of Bill Of Particulars…
Our Partner, Ben Rubinowitz, will be a Team Leader at NITA’S Trial Advocacy Program to be held at Hofstra University School of Law from August 8th to 13th. Ben has served as a Team Leader for more than 25 years. This program is an intensive Trial skills program in which…
In Koenig v. Lee, Decided on July 15, 2008, The 2d. Department dismissed plaintiff’s complaint for personal injuries suffered in an Automobile Accident based on the Emergency Doctrine. The facts set forth by The Court were as follows; “Here, the evidence submitted by the appellants in support of their motion…
In product liability cases involving allegedly defective machines such as printing presses, plastic molding machinery, power saws, power presses and innumerable others, the defense will invariably argue that it was the plaintiff’s culpable conduct which caused the accident and resulting injury. In other words, the defendant will argue that it…
In D’Amato v. Yap, et al., Decided July 8th 2008, The 2d. Department held that while plaintiffs were not entitled to Summary Judgment on liability they were entitled to a unified trial on liability and damages. The facts set forth in The Court’s opinion were as follows; “The seven-year-old infant…
Murray v. New York City Health & Hospitals Corporation June 24th, 2008 WARNING The 2d. Department upheld the dismissal of plaintiff’s action for wrongful death resulting from medical malpractice when the plaintiff’s counsel failed to appear for a final conference. The Court held; “To be relieved of the default in…
In Bradley vIBEX Construction, et al. decided June 26th, 2008, The First Dept. reversed the lower Court’s decision denying plaintiffs’ motion to set aside a verdict for defendants and granted the motion and directed judgment be entered in favor of plaintiffs on the issue of liability pursuant to § 240(1),…
In Morales v. D & A Food Service, et.al; June 25th 2008, The Court Of Appeals in reversing The First Depatrment’s dismissal of plaintiff’s Section 240(1) claim held; “The order of the Appellate Division should be reversed, with costs, defendant Santomero’s motion for summary judgment denied, plaintiff’s cross motion for…
In Guzman v 4030 Bronx Blvd. Assoc. L.L.C., Appellate Division, First Department, Decided on June 19, 2008 The Court held; “While plaintiffs’ expert is qualified to render an opinion on the extent of plaintiff Tyrone Guzman’s neurological deficits and may testify that those deficits are consistent with a history of…
Uninsured Motorist Coverage/Supplemental Underinsured Motorist Coverage A. When and How It Applies: 1. Uninsured Motorist Coverage (UM) – Insurance Law Section 3420(f)(1) – is mandatory in New York State which makes certain that the minimum bodily insurance coverage mandated by law is available to those involved in an accident with…