In this video, New York injury lawyer Ben Rubinowitz demonstrates direct examination by plaintiff’s attorney of an adverse witness. In this example Chris Sallay plays the witness, Robert Hoover, a site foreman with experience in the construction industry. For the fact pattern upon which this is based click on extended…
In this one hour and a half Lawline.com Webnar Anthony Gair discusses the current state of New York Construction accident law under Section 240(1) of The New York State Labor Law. Among the topics discussed are a brief history of Section 240, the most important cases over the last several…
By Anthony H. Gair; In Wilinski v. 334 East 92nd Housing Development Fund Corp., 18 N.Y.3d 1, 935 N.Y.S.2d 551 (Ct. Apps. 2011) The New York Court of Appeals rejected The Same Level Rule first enunciated by The Court in Misseritti v. Mark IV Constr. Co., 86 NY2d 487, 657…
This is a picture of the boom collapse at One57, New York City on October 29, 2012. Given the fact that it was well known that Hurricane Sandy was approaching New York City one has to wonder why this crane boom was allowed to remain partially boomed out. Why didn’t…
Howard S. Hershenhorn and Christopher L. Sallay will serve as Overall Planning Chairs of the New York State Bar Association’s Construction Site Accidents: The Law & the Trial 2012 Seminar. Anthony H. Gair and Ben B. Rubinowitz will also be speaking at the event. Ben B. Rubinowitz is also the…
On July 31, 2012, our partner, Christopher L. Sallay, was granted summary judgment in a New York Construction accident case pursuant to §240(1) of the New York State Labor Law against the general contractor for the construction project. On October 26, 2008, the plaintiff, a painter, susstained injury when the…
From New York Daily News; “One worker was killed and four others injured when a crane collapsed Tuesday night at the construction site for the MTA No. 7 train extension project,officials said. The man who died, a 29-year-old, was pulled from the pit that sits 60 feet below street level…
In McCallister v 200 Park, L.P., 2012 NY Slip Op 01595, decided 2/28/12 The Appellate Division, Second Department, granted the motion by the plaintiff construction worker for summary judgment on his 240(1) claim despite the fact that the base of a scaffold which fell and struck him was at the…
Howard S. Hershenhorn Gair Gair Conason Steigman Mackauf Bloom & Rubinowitz Thomson Reuters, in an article entitled, “Crane collapse trial could be uphill battle for prosecutors” quoted Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf partner, Howard S. Hershenhorn, on the difficulties of prosecuting the 2008 crane collapses in Manhattan that…
In Kempisty v 246 Spring St., LLC, 2012 NY Slip Op 00901, Decided on February 9, 2012, New York Appellate Division, First Department, The Court modified the decision of the lower Court dismissing the plaintiff’s 240(1) claim to the extent of reinstating the § 240(1) claim and granting plaintiff summary…
