Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.
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location of the car crash on 47th street and Queens BoulevardThe legal world frequently encounters instances of repeat offenders, individuals who, despite having faced the consequences of their actions, find themselves entangled with the law again. The story of Michael Moreno from Stormville, NY, is one such  reminder.

In October 2015, Gabriela Aguilar-Vallinos, a dedicated waitress, was fatally struck while cycling home from work. The individual behind the wheel, Michael Moreno, did not stop. After two weeks of silence, Moreno turned himself in to the authorities. His decision to wait meant that key evidence, such as alcohol involvement, was lost.

The court found Moreno guilty of criminally negligent homicide and leaving the scene of an accident. He was sentenced to six years in prison, providing some solace to Gabriela’s grieving family and the community.

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Location of the fatal NYPD tow truck accidentYesterday morning, a 7-year-old boy lost his life in Brooklyn, NYC, after being struck by a New York Police Department (NYPD) tow truck. The accident occurred at the northern border of Fort Greene Park.

The collision occurred at approximately 7:45 a.m. when the young boy and his mother crossed Myrtle Avenue in a marked crosswalk. The tow truck driver, identified as Stephanie Sharp, a 54-year-old traffic enforcement agent with the NYPD, attempted to make a right turn onto North Portland Avenue and tragically struck the boy, who was on his way to school. Despite the swift arrival of emergency medical workers, they were unable to save the young life, and the boy was pronounced dead at the scene.

Legal consequences

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ambulance at accident sceneA school crossing guard, Krystyna Naprawa, 63 years old and a resident of Howard Beach, lost her life last Friday morning when she was struck and killed by a dump truck making a right turn at the intersection of Woodhaven Boulevard and Atlantic Avenue in Queens.

The accident occurred at approximately 8 a.m. when a 39-year-old dump truck driver turned onto Atlantic Avenue, colliding with Krystyna Naprawa as she was fulfilling her duty as a crossing guard. Despite the immediate response from emergency services, she tragically succumbed to her injuries at the scene.

The driver, identified as Hector Yepes, was charged with failure to yield to a pedestrian and failure to exercise due care.

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accident sceneIn the early hours of Sunday, a 59-year-old man’s life took a tragic turn when the ambulance he was riding in was T-boned at the intersection of 10th Avenue and West 42nd Street in Hell’s Kitchen. The man was already in critical condition due to a heart attack and was being rushed to the hospital. Sadly, the collision with a Dodge Durango added further complexity to his situation.

Another ambulance promptly arrived to transport the victim to Mount Sinai West Hospital. Despite all efforts, he did not survive. The Durango driver and EMS workers suffered minor injuries in the accident.

This accident is a stark reminder of the urgent need for safe and responsible driving on the streets of Manhattan, especially considering the critical nature of the medical emergency at hand. Investigations will undoubtedly determine the extent to which the collision contributed to this tragic outcome.

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E-bike now legal in NYCThe New York City Council is currently considering a package of bills aimed at addressing the fire safety concerns surrounding e-bikes and lithium-ion batteries.

The primary concern driving this legislation is the risk of fires caused by uncertified e-bikes and lithium-ion batteries. Just this kast week-end in Brooklyn, a firefighter was injured when a warehouse fire, likely sparked by an e-bike, erupted. According to City Council members, this year alone has seen 208 fires ignited by lithium-ion batteries, resulting in 14 tragic deaths and 116 injuries. As lithium battery accident lawyers we believe that these alarming statistics underscore the pressing need for action.

The proposed bill would mandate that delivery platforms like DoorDash and Uber Eats provide their workers with safe and certified e-bikes. This move is seen as a crucial step in mitigating the risk associated with faulty e-bikes and batteries. While the intention behind the bill is clear – protecting the safety of delivery workers and the public – it has sparked a heated debate.

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location of the carbon monoxide accident in the Bronx NYC

A Bronx apartment building became the scene of a hazardous carbon monoxide emergency. The accident left 13 people hospitalized, including a teenage girl in critical condition. This unfortunate event serves as a reminder of the importance of safety in residential buildings and the legal responsibilities that landlords and property owners must uphold to protect tenants from carbon monoxide poisoning.
The Twin Park South East apartments on E. 180th St. near Mapes Avenue in Crotona found themselves at the center of a crisis when a carbon monoxide alarm alerted the Fire Department of New York (FDNY) around 6:45 a.m on Wednesday. First responders were quick to arrive and discovered 13 tenants suffering from carbon monoxide exposure. The building was promptly evacuated as firefighters and emergency medical services (EMS) worked to ventilate the premises.
The victims of this emergency experienced a range of symptoms, including headaches, dizziness, and shortness of breath. One teenager is in critical condition. While the injuries sustained by the other tenants were not life-threatening, this incident underscores the potential dangers of carbon monoxide exposure and the need for swift, decisive action to prevent such occurrences.
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Enough bicycle deaths in NYCA 19-year-old is in critical condition  after was struck by an SUV in Dyker Heights on Sunday.  This tragic event highlights the importance of understanding the legal implications surrounding bicycle accidents and the need for both cyclists and drivers to prioritize safety on our roads.

Last Sunday afternoon, a 19-year-old man was riding an e-bike on 13th Avenue in Dyker Heights when tragedy struck. A gray BMW, traveling down 73rd Street, collided with the young cyclist at the intersection. Eyewitnesses reported that the impact was so severe that the young man was propelled under a blue Honda parked at the corner. He remained trapped under the vehicle for several minutes until the FDNY successfully extricated him from the wreckage and rushed him to hospital in critical condition.

The driver of the BMW, who remained at the scene following the accident, expressed her distress and concern. She told News 12 that she had done everything in her power to avoid colliding with the young man. Her statement underscores the often complex and multifaceted nature of bicycle accidents, where several factors can contribute to a collision.

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New York Personal Injury Attorneys Rubinowitz and TorganIn yesterday’s column in the New York Law Journal, our managing partner Ben Rubinowitz assisted by our associate Brian Karalunas  and Evan Torgan, a member of Torgan Cooper & Aaron wrote:

All attorneys must abide by the Rules of Professional Conduct, but many fail to realize that similar requirements apply to most individuals providing expert testimony. These standards can provide ammunition for impeachment when expert witnesses fail to abide by the ethical requirements of their field.

Read the column in the New York Law Journal 

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Defective-Philips-Resironics-Devices-1In a startling revelation brought to light by the investigative efforts of ProPublica and the Pittsburgh Post-Gazette, the Philips Respironics case has unveiled a disturbing narrative of corporate negligence. Over an 11-year period, this medical device manufacturer concealed mounting evidence of serious issues with its breathing machines, placing profit above patient safety.

In 2010, Philips Respironics, a renowned manufacturer of breathing machines used globally in homes and hospitals, made a pivotal decision to redesign its best-selling devices. The intention was to eliminate an annoying rattle that kept users awake at night. However, this seemingly well-intentioned decision led to a cascade of problems that has left countless individuals in distress and brought the company under intense scrutiny.

To dampen the irritating noise issue, Philips opted for an industrial foam, akin to what you might find in your sofa or mattress. Little did they know that this choice would prove catastrophic. Reports began to emerge, describing “black particles,” “dirt and dust,” and even an “oily-like” substance within the breathing machines. Users were sounding the alarm about “contamination,” signaling that something was seriously amiss.

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The family of Sary Mao, a Khmer-speaking Cambodian refugee, is seeking justice and closure after her body went undiscovered for five days following her tragic death due to a heart attack. The incident occurred at Montefiore’s Family Health Center in The Bronx, NYC.

As medical malpractice attorneys, our professional focus is on advocating for individuals suffering from medical negligence. The recent incident at Montefiore’s Family Health Center in The Bronx, where the body of Sary Mao went undiscovered for five days following her heart attack, resonates deeply with the issues we encounter in our work

In any medical malpractice case, the concept of the “duty of care” is fundamental

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