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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Imagine the unthinkable pain of losing a child in a tragic school bus accident, only to later discover that the school had chosen a bus company listed as “unacceptable” by state authorities. The shock, anger, and heartbreak that follow such a revelation are unimaginable. In the wake of the recent Orange County, New York bus crash involving Regency Transportation, grieving parents are left grappling with this devastating truth, questioning the choices made by the educational institutions responsible for their children’s safety.

Bus operators on the state’s list of unacceptable operators may still continue to operate, but they face heightened scrutiny and more rigorous inspections from state authorities. This added level of oversight is designed to ensure the safety of passengers and prevent further accidents. The bus involved in the tragic crash had recently been acquired by Regency Transportation in the summer. Surprisingly, the New York Department of Transportation had already inspected it twice before the accident occurred. Both inspections resulted in a passing grade, indicating that the bus met the necessary safety standards. However, this does not tell the whole story.

History of Failed Inspections

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crane accident lawyer nycA recent CBS New York investigation indicates that Monadock Construction was cited by NYC in the crane accident that occurred in Hells Kitchen last July and left 12 people injured.

Back in July a massive crane caught fire and collapsed onto a nearby building, causing widespread panic and property damage. Now, in a significant development, the city authorities have cited Monadnock Construction, the construction contractor responsible for the project, for failing to safeguard the construction site. This citation carries a potential penalty of $25,000, raising important questions about accountability and safety in construction operations.

The New York City Buildings Department took action by serving a violation notice to Monadnock Construction in late August. The notice clearly states that the company failed to safeguard “all persons and property affected by construction operations.” This is a fundamental requirement for any construction project, emphasizing the importance of safety measures in preventing accidents like the crane fire in Hell’s Kitchen.

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nursing homes are facing staff shortage putting at risk residentsAmidst growing concerns about the quality of care in nursing homes, the Centers for Medicare & Medicaid Services (CMS) recently introduced proposed guidelines aimed at improving staffing levels. However, a new estimate by the Kaiser Family Foundation (KFF) has revealed that a staggering 81% of nursing home facilities nationwide, and a staggering 90% of for-profit facilities, would need to hire additional registered nurses (RNs) or nurse aides to meet these standards.

Under the proposed rule, nursing homes would be required to maintain a minimum of 0.55 RN and 2.45 nurse aide hours per resident day, along with having an RN available on staff 24/7. This rule is a response to long-standing concerns about inadequate staffing negatively affecting the care provided to nursing home residents.

Predictably, industry leaders have voiced their reservations about this proposal, arguing that a nationwide nursing shortage makes it nearly impossible for facilities to meet these staffing targets. The effects of the COVID-19 pandemic have further exacerbated this issue, with many workers leaving their positions due to burnout, low wages, and the intense stress associated with caring for vulnerable populations during a public health crisis.

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12 of our personal injury attorneys listed in Super LawyersCongratulations to the 12 attorneys at our firm who were included in this year’s 2023 New York Metro Super Lawyers and 2023 New York Metro Rising Stars lists. Among them, our managing partner, Ben Rubinowitz also made it to the top 10 New York Metro Super Lawyers while senior partners Jeffrey Bloom and Howard Hershenhorn were also listed in the top 100 New York Metro Super Lawyers.

For the 18th consecutive year, our firm was one of the personal injury law firms in New York City with the highest amount of attorneys listed in Super Lawyers. These attorneys are:

  • Ben Rubinowitz, selected for the 18th consecutive year and listed in the top 10 and top 100 2023 New York — Metro Super Lawyers
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The Brooklyn NYC intersection where the bus collided with the cyclistA school bus and a 44-year-old bicyclist were both traveling in the same direction along Fort Hamilton Parkway when the bus made a right turn onto 41st Street, resulting in the back of the bus striking the cyclist. Despite the immediate response of the bus driver, the bicyclist succumbed to his injuries, leaving behind a grieving family and a community in shock.

Local residents and witnesses to the accident expressed their condolences for the victim’s family and voiced their concerns about the safety of this particular intersection. They highlighted the area’s reputation as a busy and potentially dangerous spot for both cyclists and motorists alike. Instances like this underscore the urgency of addressing safety concerns on our roads.

In the aftermath of such a tragic incident, investigations are launched to determine the exact cause of the collision. Bicycle accident lawyers play a pivotal role in assisting victims and their families during this challenging time. They:

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accident sceneA bus carrying 40 students from Farmingdale High School and four adults tumbled down a 50-foot ravine on Interstate 84 in Orange County, New York. The accident resulted in the tragic deaths of Gina Pellettiere, 43, and Beatrice Ferrari, 77. Additionally, several students sustained serious injuries, with five in critical condition. More than 40 individuals were injured in total.

Preliminary information suggests that a failure of a front tire may have contributed to the accident. However, a comprehensive investigation is underway to determine the exact causes and identify potential liabilities. In cases like this, multiple parties may be held responsible, including the bus company, the driver, and even the tire manufacturer if a defective tire is found to be a contributing factor.

How Can a Bus Accident Lawyer Help?

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A child died, and 3 others suffered personal injury including one who is in critical condition and two others who are still hospitalized after they ingested Fentanyl at El Divino Nino Daycare in the Bronx.

A Bronx daycare center operator and a man living with her are now facing murder charges following the tragic death of 1-year-old Nicholas Feliz-Dominici. The child’s passing has prompted not only grief but also profound questions about the city’s oversight and regulation of daycare centers. Investigators suspect that Nicholas lost his life due to exposure to the lethal opioid fentanyl, raising concerns about childcare safety and the effectiveness of regulatory checks.

Grei Mendez, a 36-year-old, owns El Divino Nino Day Care, located on Morris Ave. near E. 196th St. in Fordham Manor. Carlisto Acevedo Brito, aged 41, is the man who resided with her. Both individuals have been charged with a slew of serious offenses, including murder, criminal possession of a narcotic, and endangering the welfare of a child. These accusations cast a pall over this harrowing case.

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Ben Rubinowitz Trial LawyerAre you disciplined enough to keep going even when you’re tired? Practicing law can feel like an endurance test, but discipline is critical if you want to be a champion trial lawyer.

In the last episode of Trial Lawyers University (click to listen), Dan Ambrose is joined by veteran trial lawyer Ben Rubinowitz, our Managing Partner. As a leading trial lawyer, Ben’s successes include 28 verdicts and over 180 settlements in excess of one million dollars in cases arising out of car accidents, premises accidents, construction accidents, medical malpractice, civil rights violations and product liability.

Tune in as Dan and Ben discuss how discipline is the key to success as a trial lawyer, why virtual trials are a bad idea, and the time that Ben interrupted the best opening statement of his life to jump over a jury box and render CPR to a juror.

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NYPD Chase LawyersIn the early hours of a Thursday morning, chaos unfolded on the Major Deegan Expressway in New York as a police pursuit out of Yonkers took a perilous turn. What began as a routine response to a robbery report at the Cross County Shopping Center quickly escalated into a high-speed chase on the wrong side of the highway. Unfortunately, the pursuit ended in a wrong-way crash that left two innocent people injured, highlighting the inherent risks associated with police chases and the importance of seeking legal representation in such cases.

According to Yonkers police, officers were initially responding to a report of a robbery and identified a suspect at the Cross County Shopping Center. As the officers approached the suspect, he chose to flee in his Jeep Cherokee with Connecticut plates, setting the stage for a dramatic chase.

The suspect’s reckless flight continued as he entered the Major Deegan Expressway, traveling in the wrong direction in the northbound lanes. Recognizing the imminent danger, Yonkers police swiftly notified the New York Police Department (NYPD), and both law enforcement agencies initiated a coordinated effort to locate and apprehend the suspect. As they scoured the southbound lanes for any sign of the fleeing individual, the situation grew increasingly precarious.

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construction workers must be protectedIn the wake of the COVID-19 pandemic, the construction industry faced a crisis that often went unnoticed amidst the chaos of the world. While most were concerned with the virus’s immediate impact, there was another silent epidemic silently plaguing the hardworking individuals in the construction sector – drug overdoses.

A recent report from the Centers for Disease Control and Prevention (CDC) has brought to the forefront a startling revelation: construction and extraction jobs topped the list with 162.6 drug overdose deaths per 100,000 workers during the first year of the pandemic. This staggering statistic is a wake-up call to the dire state of affairs within the construction industry.

The CDC report also revealed that the drug overdose rate in the United States increased steadily from 1999 to 2020. In 2021, the U.S. drug overdose rate was a shocking 50% higher than in 2019. While provisional data from 2022 showed a 2% drop in drug overdoses from the previous year, the construction industry still remains at the forefront of this crisis.

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