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.

Articles Posted in Firm News

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verdict002Top 25 verdictLast year, our partners New York Personal Injury Attorneys Ben Rubinowitz and Peter Sagir obtained a $8,570,000 verdict for a bicyclist who suffered personal injury after being hit by a bus in New York (see previous blog. This verdict is the 16th highest verdict of all verdicts obtained in New York in 2014. Therefore our firm is honored to be featured this week in the 2014 New York’s Top 25 Verdicts and Settlements section of New York Magazine. This verdict was also was the highest verdict in New York in 2014 for a bicycle accident involving another vehicle.

Since 1919 we have been representing victims of catastrophic injury and we are constantly thriving  to achieve the highest results for our clients and their family in order to help them get back to their life with dignity and independence. A few years ago our New York personal injury law firm obtained a 27.5 million verdict for a female pedestrian who lost her leg after being struck by New York City Transit Authority Bus (see previous blog). Last year, in addition to the above verdict we also obtained a $7,125 million verdict against the City of New York for a woman who was struck by a bus when riding her bike and a $5 million verdict against the Federal Government for a woman who died after being struck by a postal truck (see previous blog).

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New York Personal Injury lawyer Anthony GairA bill that makes it a felony for drivers to kill or injure others while driving without a license was passed yesterday by the New York State Senate. The bill was introduced by state Senator Michael Gianaris (D-Astoria) following the death of Noshat Nahian, an 8 year old pedestrian who was on his way to school when he was fatally struck  by a tractor-trailer driven by an unlicensed driver. Our partner, personal injury lawyer Anthony Gair (picture) who is in charge of the case commented: “This is a very important bill and long over due. In this tragic case, all charges against the driver were dismissed except for driving without a licence for which he paid an $85 fine. This is outrageous in a case in which Noshat was in the crosswalk with the right of way and easily visible at the time the tractor trailer turned left striking him. Hopefully the law will also discourage commercial carriers from hiring unlicensed truck drivers.” Read more in the Times Ledger

 

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New York Personal Injury Lawyer Richard M. Steigman
, a partner at Gair Gair Conason Steigman Mackauf Bloom & Rubinowitz will be chairing the CPLR 2015 Update. Also on the faculty is Honorable Ariel E. Belen (Ret.), JAMS Mediator & Arbitrator, Justice, Appellate Division, Second Department. This Seminar will be presented by NYTSLA on Wednesday July 15 at 132 Nassau Street, 2nd Floor New York, NY 10038.

One of the key requirements of successfully managing a civil caseload is staying abreast of legislative changes and court decisions in the field of New York Civil Practice. This seminar will provide an in-depth review of these new developments, including practice tips and pitfall warnings that are invaluable for the civil litigator.

Topics will include:

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Jeffrey BloomNew York Car Accident Lawyer Jeffrey B. Bloom will be speaking on “Taking a Meaningful Deposition in an Auto Accident Case” tomorrow  June 10th at the “Automobile Litigation Update 2015 : Keeping Current in New York” Seminar presented by the New York State Bar Association. This seminar will take place at the CUNY Graduate Center, at 365 Fifth Avenue in New York from 9:00 am to 4:00 pm. For those who can not attend in person there will be an option to follow the program on a live webcast however newly admitted attorneys must attend the program in person to receive New York MCLE credit.

Trying or resolving a motor vehicle case requires an understanding of the latest developments and trends in automobile tort law. Designed to familiarize attorneys with the intricacies of automobile litigation in New York State, this seminar will include an overview of the latest developments in underinsured and uninsured motorist coverage, accident reconstruction and the use of biomechanical experts. Experienced practitioners will provide practical information you can use to prepare an automobile claim from the claim stage through discovery and trial. Coverage issues impacting automobile litigation will be also be discussed. The program also includes a segment on ethical considerations.
To learn more about this program or to register click here
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rubinowitz_torganIn their Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz, and Evan Torgan write:  There is an old adage that every trial lawyer should accept as gospel: “You don’t get a second chance to make a first impression.” Keeping this maxim in mind, attorneys must strive to make a winning impression early on in the trial so they can use that impression to set the tone for each phase of the remainder of the trial.  Read more in the New York Law Journal .
Download a PDF document of the complete article

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NY Personal Injury Lawyers Rubinowitz and SaghirNew York Personal Injury Lawyer Ben Rubinowitz told the NY Daily News yesterday that the family of Marilyn Dershowitz, was “very pleased” with the verdict of Judge Sarah Netburn who ordered the government  to pay out a total of $4,646,548.15 to Dershowitz’s husband, Nathaniel. Rubinowitz said “they feel vindicated knowing Marilyn did nothing wrong and that indeed she was entirely free of fault” but while the money judgment is “a nice thing to have, they are very much aware it could never replace Marilyn. She was one of a kind. She was a tremendous woman. The loss is very real to them, every day of their lives.”

Marylin Dershowitz was riding her bicycle in downtown Manhattan with her husband when she was fatally struck by a  postal truck. Last month U.S. Magistrate Judge Sarah Netburn found the federal government 100% liable for the fatal accident in a 72 page Opinion (see our previous blog).

Also see article in the New York Law Journal

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PrintGair Gair Conason Steigman Mackauf Bloom & Rubinowitz was featured in the New York Law Journal’s Top New York Verdicts of 2014 for obtaining the highest award for a verdict in a motor vehicle accident involving a bicycle.  The case was tried by our Managing Partner Ben B. Rubinowitz, along with our Partner, Peter J. Saghir.  The accident involved a 36-year-old woman who was riding her bicycle south on Broadway across East 14th Street when she was struck from behind by a New York City Transit Authority bus which was traveling southbound in the same direction as the plaintiff.  After she was struck by the bus she was dragged into the intersection where the right rear wheels of the bus rolled over her legs.  The bus driver claimed that he was in the center or left lane at the time of the accident and that the plaintiff suddenly and unexpeNY Personal Injury Lawyers Rubinowitz and Saghirctedly rode her bicycle across two lanes of traffic from the right lane to the left lane and struck the right side of the bus.  The plaintiff contended she was in the right lane as she approached the intersection.  It was undisputed that the plaintiff ended up in the left-hand lane of this three lane roadway.  The plaintiff suffered a degloving injury to her right leg as well as fractures to the distal tibia and fibula of her left leg.  The plaintiff’s entire claim was based on pain and suffering and loss of enjoyment of life.  No claims were made for past or future medical expenses or past or future lost earnings.  After two days of deliberation, the jury found the New York City Transit Authority at fault and awarded the plaintiff $8,570,000 ($3,250,000 past pain and suffering and $5,320,000 future pain and suffering  over 40.9 years).

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brOur managing partner Ben Rubinowitz will be a speaker at the 360 Advocacy “Damages, Go Big or Go Home” Conference that will take place in Las Vegas from June 14 to June 16, 2015.

All cases come down to one issue – DAMAGES. Even when you win liability, without a great damage settlement or award, the case is not really “won” in your eyes and the eyes of your client. Winning big is not only about the case, but also about the skill and talent of the trial lawyer handling the case.  The faculty put together for this conference will teach participants both what they know and how to apply the knowledge, techniques and skills to bump up your success rate.

Ben will be speaking Monday June 15th on” Using Cross Examination at Trial to Enhance Damages”. Ben has  written extensively on the Art of Cross Examination and spoken at Seminars across the country. Ben was the 2013 recipient of the Robert Keeton Award for Outstanding Service as a National Institute for Trial Advocay (NITA) Faculty Member. This award recognizes Ben’s exceptional work as a NITA faculty member. Here is what NITA had to say about Ben: “In considering his nomination, it was recognized that “Ben is a ‘best’ teacher and deserves the best teacher award.” He began teaching early in his career, and has contributed to new and evolving methods, such as “drills” and the drill room. He lectures in the same persona that he presents to a jury-a consummate role model.” See our prior post here.

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Our partners, New York personal injury lawyers Ben Rubinowitz and Peter Sagir represented the family of Marilyn Dershowitz, a retired Manhattan Supreme Court special referee who died in a bicycle accident during which she was hit by a postal tractor trailer truck.  Following a two-week bench trial in February U.S. Magistrate Judge Sarah Netburn found the federal government 100% liable for the fatal accident in a 72 page Opinion.

The accident happened on Saturday July 2, 2011. Marylin and her husband Nathan Dershowitz of Dershowitz, Eiger & Adelson, and the brother of Harvard Law professor Alan Dershowitz,  were riding their bikes on West 29th street between Ninth and Tenth Ave in Manhattan, New York. Both were wearing a helmet. As they rode under an overpass connecting two US postal mail facilities, the road was narrowed by a protruding Postal Trailer that was perpendicularly parked at a dock. As Mrs Dershowitz was about to ride her bike in the narrower side way, just behind her another postal trailer, driven by Ian Clement, was competing with a silver minivan to get in first in the narrower roadway as  due to the parallel parked trailers to the south and the protruding perpendicular Postal Trailer to the north, cars were not able to travel side-by-side. The postal trailer got in before the minivan but he didn’t see the cyclist and hit her as he was veering to the right to be able to fit into the roadway.

Southern District Magistrate Judge Sarah Netburn ruled Wednesday that the federal government was 100 percent liable for the accident. Netburn said “a preponderance of the credible evidence” showed that Clement’s driving and the placement of a postal trailer protruding into the street were the “sole, proximate cause of the decedent’s injuries. Mrs. Dershowitz was not contributorily negligent.”

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rubinowitz_torganIn their Trial Advocacy column in the New York Law Journal, Ben Rubinowitz and Evan Torgan write that one effective way of examining a potential juror is by calling for an answer on a spectrum. This technique helps to gain insight not only into reticent jurors, but also into those jurors who are willing to share their beliefs, concerns, and thoughts with the attorneys without hesitation. Read the complete column here

For more than 15 years Ben Rubinowitz and Evan Torgan have been featured in the New York Law Journal as Experts in their field which include Catastrophic Personal Injury and Medical Malpractice Cases.

New York personal injury attorney Ben Rubinowitz is the managing partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. He also is an Adjunct Professor of Law teaching trial practice at Hofstra University School of Law and Cardozo Law School.