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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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In this video segment, our partner, Construction Accident Attorney Anthony Gair gives an overview of New York Labor Law section 240. The complete course is available for CLE credit at Lawline.com. It was given in December,2012.

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Ben%20Rubinowitz.jpgIn their most recent column, New York Personal Injury Attorney Ben Rubinowitz, a partner at Gair Gair Conason Steigman Mackauf Bloom and Rubinowitz, and his colleague Evan Torgan, of Torgan Cooper and Aaron, write about the use of video taped depositions at trial. Their most recent article, published Today in the New York Law Journal is “The Use Of Video Depositions At Trial“. Of note, the old fashioned ways of conducting depositions are fading fast. Technology has improved to the point where a written transcript alone might not be enough to carry the day at trial. Careful thought must be given as to whether the deposition should be conducted by video and whether or not it will help or hurt the case. Reasons for conducting the video deposition always include issues such as age, infirmity and location of the witness. But of equal importance is the fact that taking a video deposition might actually change the “behavior ” of an adversary. Those attorneys who typically defend depositions in an overly aggressive or nasty manner might have to rethink that tactic. Nasty and rude conduct that might be shown to a jury on video will unquestionably work to the defending attorney’s disadvantage. Additionally, the use of the video deposition allows the jury to recall far more than a mere reading of the transcript will. It has been empirically shown that both seeing, listening and hearing someone speak is far more effective than listening alone. Specific examples of strategies for use of video depositions at trial are used by the authors in this article.

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Our partner Stephen Mackauf and John E. Hall Jr. from Hall Booth Smith, P.C. will co chair the 12th Annual Advanced Forum of the American Conference Institute on Obstetric Malpractice Claims on June 26th-27 2013 in Philadelphia. For more iinformation see our prior post here.

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As we previously posted on our blog, our managing partner , New York Personal Injury Lawyer Ben Rubinowitz, will be the co-director of the National Institute for Trial Advocacy’s National Session this summer at the NITA Education Center in Boulder, CO from July 24th to August 1st, 2013.

In this video, participants and faculty members including Ben Rubinowitz, explain why lawyers should attend this prestigious training program.

http://www.youtube.com/watch?v=AE_g_PRCXa4

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In their most recent article in the New York Law Journal our Partner Ben Rubinowitz and his friend and colleague Evan Torgan write about the Collateral Attack of an Expert Witness. The authors point out that it is not enough to prepare for the adversarial collateral attack during cross examination but that it is equally important to scrutinize your own expert’s qualifications, independent of the information contained in his or her resume, to protect against a collateral attack. Specific examples are used to teach trial lawyers techniques to discredit the expert.

To read the article click here

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ben.jpgOur managing partner, Ben Rubinowitz and the Hon. Nancy Vaidik (Indianapolis, IN) will be the directors of the NITA’s National Session at the NITA Education Center in Boulder, CO from July 24th to August 1st, 2013.

The National Institute for Trial Advocacy is a world leader in advocacy skills training and publication. The National Session is its most prestigious and longest running program. NITA’s National Session is a life-changing experience for the attorneys who have attended for the last 41 years and this year’s program is no exception. Ben Rubinowitz and the Hon. Nancy Vaidik (Indianapolis, IN) have developed this year’s program schedule to include dedicated drill rooms, motion training, focus groups, and jury selection.

To learn more or register click here.

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Our managing partner, Ben Rubinowitz will be one of the faculty member leading the National Institute for Trial Advocacy (NITA) Teacher Training Seminar in New York from June 6th to June 8th at the New York Law School.

In this program, participants are expected to improve their litigation teaching skills by using the NITA learning-by-doing method. You should attend this program if you are interested in becoming a faculty member at NITA or if you simply want to broaden and hone your teaching skills in your firm or in your classroom.

Click here for more information or to register.

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BR.jpg Our partner Ben Rubinowitz, assisted by Peter Saghir, obtained a verdict of $7,125,000 against the City of New York and its construction company, Burtis Construction Co., Inc. following a 17 day trial.

The plaintiff, a 41-year-old man and father of three young children, was returning home from work in the early morning hours of May 20, 2006. Six weeks earlier his wife had given birth to a baby girl via C section. His other two children included a four-year-old boy and a two-year-old boy. He worked as a film editor and was self employed. On the night of the accident the plaintiff left his midtown Manhattan workplace at around 3 o’clock in the morning. Unbeknownst to the plaintiff, the City of New York and its construction company (Burtis Construction Co., Inc.) were performing road repair work on the West Side Highway. They were involved in a short term construction project to repair expansion joints along the West Side Highway in the vicinity of 72nd to 79th Streets. As part of its contract with the City, the construction company was required to properly notify drivers that the roadway was being shut down from three lanes to one lane of travel. This closure of the roadway was supposed to be performed in conformance with the dictates of the Manual for Uniform Traffic Control Devices and with the Maintenance and Protection of Traffic Plan spelled out by the City of New York in the contract. Specifically, appropriate signs should have been placed along the highway south of the roadwork along with tapers and transitions of barrels fitted with lights to notify and warn drivers that the left two lanes were being shut down. When the plaintiff left his office to drive home he drove northbound on the Westside Highway. As he reached the area of 79th St. he was involved in a fender bender with another car. He got out to check to make sure that everyone was alright. He then returned to his car to put on his hazard lights on and to obtain his insurance information to exchange with the other driver. Shortly after getting his insurance information and while he was out of his car he was struck from behind by another driver, Abelardo Da-Silva.
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BR.jpgOur Partner, Ben Rubinowitz will chair the New York State Trial Lawyers Association Seminar Successful Examination of Expert Witnesses 2013 to be held on April 23, 2013, 6:00 PM – 9:00 PM. The Seminar will be held at NYSTLA, 132 Nassau Street, 2nd Floor, New York, NY 10038. Attendees will receive 3 CLE Credits in Skills. The Seminar will cover:

– Direct and Cross of an Orthopedist, Direct of a Radiologist, Cross Examination of the “Independent Medical Examiner”, Direct and Cross of an expert in a Medical Malpractice case,the effective use of Exhibits, How to deal with problem areas including the pre-existing injury, the professional testifier, the non-responsive expert witness, use of authoritative texts and the hypothetical question.

For more information and to register click here.

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Our Partner Richard Steigman was the chair for the annual New York State Trial Lawyers Association Seminar CPLR 2013 Update. Hon. Ariel E. Belen, Justice, Appellate Division, Second Department (retired) Mediator,JAMS was also on the faculty. This seminar provided an in depth review of new developments, including practice tips and pitfall warnings that are invaluable for the civil litigator.

In the video below you will find an extract from the seminar. The complete course can be found for CLE credit at the online store of the New York State Trial Lawyers Association