New York Personal Injury Attorneys Blog

For more than 25 years Ben Rubinowitz has volunteered his time teaching younger, less experienced lawyers and law students how to try cases. Based on his expertise, Mr. Rubinowitz was asked to Chair the New York State Bar Association Program on Construction Site Accidents. This is an honor bestowed on very few attorneys in the State. In this video, Ben demonstrates cross examination of a construction site foreman in a New York Construction Accident, portrayed by one of his partners, Chris Sallay.

To read the fact pattern upon which this cross examination was based click below.

Continue reading "Ben Rubinowitz: Cross Examination of a Construction Site Foreman (Chris Sallay) " »

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 perfect, your skills in direct/cross examinations, objections, opening statements/closing arguments, laying foundations, motion arguments, jury selection and dealing with both economic and technical expert witnesses. You can also expect to attend special presentations by noted authors and communications experts." For more information on the program click here.

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.

Ben Rubinowitz and Evan Torgan co-authored "Exposing Biased Testimony On Cross" which appeared in The New York Law Journal on February 23, 2010. The article discusses the basic elements necessary to properly attack the biased witness. The factors discussed include, Cross on Friendship, Cross On The Absence Of A Subpoena, Cross on Transportation and Cross On Refusing To Speak To The Opposing Party. After each factor a sample cross examination is presented. Rhonda E. Kay assisted in the preparation of the article.

From The New York Law Journal, Thursday, July 31, 2008;

Our partner, Ben Rubinowitz, and Evan Torgan, a member of Torgan & Cooper," write that too often, trial lawyers use demonstrative exhibits only in the one part of the trial during which the exhibit is offered - usually direct examination. Although a strong point can be made during direct, with a good amount of planning and a little bit of creativity, that exhibit can serve to bolster your point throughout the entire trial and, more importantly, serve as your surrogate during the one part of the trial when you are not present - jury deliberations."

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 NITA'S "learning by doing" method is employed. For more information click here.

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 head trauma, plaintiffs have failed to identify any evidentiary basis for the opinion sought to be elicited from the expert as to which of several accidents is the proximate cause of such deficits. Thus, his testimony as to this isolated point was properly precluded. However, we conclude that the trial court erred in dismissing this action without affording plaintiffs the opportunity to retain another expert witness to establish the nature of Tyrone Guzman's physical injury and its cause, and we remand this matter for further proceedings."

The lower Court had precluded the plaintiff's neuropsychologist from testifying as to causation regarding the infant plaintiff's head injury and dismissed the plaintiff's case. In reversing the Court held that plaintiff's should have been granted "......a continuance pursuant to CPLR 4402 to enable them to retain a medical expert to testify concerning causation."

The lesson to be learned is that plaintiff's in a New York Personal Injury Action must carefully analyze what experts will be required to establish causation. In this case a neurologist should have been retained who was qualified to interpret CT Scans and MRI's and the findings in the medical records with regard to causation. That said see the well reasoned dissent of Hon. David SAXE, which would have allowed the neuropsychologist to testify as to causation.

Trial Advocacy
Thursday, May 29, 2008
By Ben Rubinowitz and Evan Torgan"

Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf and Evan Torgan, a member of Torgan & Cooper, write that "in any personal injury case, effective cross-examination is essential to win the battle of medical experts. However, many lawyers don't prepare their examination of the opposing expert until the night before the actual cross takes place. The well-prepared lawyer knows better - a winning cross is prepared months in advance of trial."