In their recent Trial Advocacy column in the New York Law Journal, NYC Personal Injury Attorneys Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper write: Whether in the form of a deposition, surveillance footage or an event captured on a nearby security camera, the trial lawyer must think carefully how to best exploit a video as a strategic tool for helping her win the case before ever questioning a witness. If used properly, a video can serve to leave an indelible impression that there is no doubt that the witness is a liar, cannot be trusted and is anything but credible.
- A Tier 1 Firm for Personal Injury Litigation – Plaintiff in New York City
- A Tier 1 Firm for Medical Malpractice Litigation – Plaintiff in New York City
Recently, the Administrative Board of New York’s Office of Court Administration took the unprecedented action of denying re-certification to 46 Supreme Court Judges, ending their careers on the Bench. Those justices were required to apply to continue to serve based solely upon their age.
Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf stands with all New York judges in the fervent hope that this decision be reconsidered and each of these excellent jurists receive the individual consideration of their applications which they have earned. Now, more than ever, our citizens need confidence that they have access to a fair and functioning judicial system. The simultaneous loss of all of these hard-working judges greatly diminishes the ability of our Court system to ensure that provision of timely and absolute justice that provides the bedrock foundation of a just society. Even in these tumultuous times of unforeseen financial challenges, we hope that a place remains for so many talented Judges. It is these Judges who have given their careers to serving the public and providing even-handed justice. Now more than ever we need their time tested experience to guide us through these difficult times and put us back on the right path ensuring justice for all.
Our managing partner, New York Personal Injury Attorney Ben Rubinowitz, will be speaking at the New York State Trial Lawyers Association webinar “DECISIONS 2020: Recent Developments in Tort Law”.
The webinar will take place on October 26, 28 and November 2, 4 and 9 from 5:00pm to 7:00pm. Ben will be speaking about the most recent developments in Trial Practice on Monday November 9.
The rest of the program will also address the following subjects:
Our Managing partner, Ben Rubinowitz, will be speaking at the 11th event of the Champions of Trial Boot Camp series hosted by Rich Newsome, Troy Rafferty and Mike Kelly on Friday September 25th at 1:00 pm ET on Zoom. The lesson which is part of a twelve-lesson trial advocacy class is entitled “Opinions For Hire – Effective Cross Exam of Defense Doctors, Engineers and Other So-Called Experts”.
During this webinar, participants will have the opportunity to learn and hone their skills on the following topics:
- Law and rules
Our NYC Personal Injury Law Firm is proud to announce that 10 of our attorneys were named 2021 “Best Lawyers” and 3 were named 2021 “Ones to Watch” by Best Lawyers in America for New York, NY. Best Lawyers rankings are entirely based on peer review. The named lawyers are:
NITA is thrilled to present two of its leading instructors, nationally renowned trial lawyers Doris Cheng fromWalkup, Melodia, Kelly & Schoenberger and our managing partner Ben Rubinowitz, in Killer Cross, a demonstration-based webcast on cross-examination. Learn – and watch – as Doris and Ben demonstrate various ways of discrediting a witness, discrediting an adversary, and setting up a powerful, compelling, and winning argument on summation. Not only will they show you how to cross-examine a lay witness, but Doris and Ben will offer portable techniques to cross-examine any expert, regardless of their field. This free, one-hour webcast will leave you with tools to secure admissions by demanding responsive answers to achieve the success you need in court.
This free live webinar will take place on July 23rd at 10:00 AM PDT/ 1:00 PM EDT. It is free but you still need to register here to attend.
If you can’t make the live presentation, this webcast will be available to view on demand, beginning the next day.
In a 2nd Department decision decided June 24, 2020, (see decision here), the Court reversed a trial court’s reduction of a $2.5 million jury verdict in a medical malpractice action involving a perforated intestine during an upper endoscopy. When conservative treatment failed, Mrs. Garzon required an exploratory laparotomy to resect a perforated diverticulum, as well as a feeding jejunostomy, during a nine-day hospital stay. Due to presence of intra-abdominal scarring and adhesions from the surgery, Ms. Garzon is at an increased risk of developing a bowel obstruction in the future.
At the trial, our partner NY Medical Malpractice Attorney Marijo C. Adimey obtained a unanimous verdict of $2,500,000 on behalf of her client, Elsa Garzon, from a Queens County jury. The verdict awarded Mrs. Garzon $1,500,000 for past pain and suffering and $1,000,000 for future pain and suffering (see our previous post for full case details).
Defendant filed a post-trial motion pursuant to CPLR 4404(a) to set aside the jury verdict as excessive and against the weight of the evidence. In granting defendant’s motion, the trial court reduced the award for past pain and suffering to $550,000 and reduced the future pain and suffering award to $100,000. The court held that the award for future pain and suffering was speculative and against the weight of the evidence.
Join our managing partner Ben Rubinowitz as he is co-chairing with Judy Livingston and Jeff Korek this two part webinar: Openings & Summations. They have assembled an All-Star panel of Trial Attorneys who will demonstrate what they do and say in Opening Statements and Closing Arguments to achieve spectacular results. Trial demonstrations are what this program is all about. Each member of the faculty will demonstrate an opening or summation.
This webinar organized by the New York State Trial Association is free for all NYSTLA members and non-members. It has been approved for transitional & non-transitional credits. Participants will receive 4 Skills CLE credits.
Part 1 will take place on May 26th from 12:00 pm to 2:00 pm