In recognition of his success in the Courtroom, Ben Rubinowitz has been asked to lecture to students attending St. John’s Law School on February 28, 2011. Not only will Ben lecture to the students but he will demonstrate successful cross examination techniques in cases in which Ben has obtained multi-million…
In this New York Construction Accident case The Second Department granted plaintiff”s motion for summary judgment on his 240(1) cause of action. The facts as set forth by the Court were as follows; “In August 2004 the plaintiff was working as a carpenter on a project involving renovation of office…
The New York State Bar Association has chosen Howard S. Hershenhorn of Gair,Gair,Conason,Steigman,Mackauf,Bloom and Rubinowitz as The Overall Planning Chair of its annual Construction Site Accidents Program to be held on Nov 19, Dec 3, and Dec 10. Our Partner, Christopher L. Sallay is the Assistant Planning Chair. Also Participating…
This Seminar presented by The New York State Bar Association is still available. A construction worker involved in a work related accident in addition to a workers’ compensation claim may have a third party law suit against the general contractor and/or owner of the construction site pursuant to Sections 200,…
Our Partner Howard Hershenhorn commented on the verdict in The New York Times; “A lawyer for the family of Wayne Bleidner, the crane operator who died in the collapse, said he understood the judge’s decision. “From what I heard as the evidence was presented at this trial, there wasn’t enough…
In Barrios v. City of New York, et.al., decided on July 13, 2010, The Appellate Division, Second Department, affirmed the granting of Summary judgment against a prime contractor/construction manager despite the prime contractor not being in privity of contract with plaintiff’s employer. In holding the defendant contractor to be a…
In McCoy v. Metropolitan Transportation Authority, et al., The First Department held that a Gradall Forklift was a mobile crane within the meaning of the Industrial Code, 12 NYCRR 23-8.2 stating; “The court correctly held, based on the evidence adduced at the framed-issue hearing, that the subject equipment was a…
Once again our Partner Howard Hershenhorn was forced to respond to the ludicrous assertion by lawyers for master rigger William Rapetti who chose to rely on four pre-used and worn-out yellow polyester straps — called “slings,” — to secure a five-ton metal brace to the crane’s mast that Wayne Blinder,…
Our Partner, Howard Hershenhorn, who is leading our representation of the family of the crane operator Wayne Bleidner, who was killed when a 200-foot-tall rig crashed down on a dense New York City block, killing seven people, leaving a gash of destruction near the United Nations and raising questions about…
For those who have practiced in the area of New York Construction Accidents both plaintiff and defense attorneys can agree on one point: the law interpreting New York Labor Law, Section 240(1) is constantly changing. The pendulum swings back and forth. For a brief discussion of the ever changing law…
