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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Best Law Firms - Standard BadgeFor the 11th consecutive year, our New York Personal Injury Law Firm was named a Best Law Firm 2021 by U.S. News – Best Lawyers®. The firm was also named

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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.

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New York Child sexual abuse lawyer Ben RubinowitzOur 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:

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opinion for hire with NYC Personal Injury Attorney Ben Rubinowitz
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
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Best Lawyers Award Badge
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:

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NITA-STUDIONITA 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.

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New York Personal Injury Attorney Marijo AdimeyIn 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.

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Personal Injury Attorney Ben RubinowitzJoin 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

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covid-19-2Neglect and abuse have been plaguing  nursing homes in the US for years and with the Coronavirus, the situation has turned into a nightmare. The Center for Disease Control and Prevention (CDC) and the Centers for Medicare and Medicaid Services (CMS) recently announced that about 150 nursing homes were affected but refused to name which ones. Families of residents who are prohibited to see their loved one, as well as emergency responders and nursing home service providers are outraged.
On March 13, the CMS released guidelines to nursing homes on how to handle the actual crisis. Nowhere do the guidelines specify how to inform the families or the public about a possible outbreak.
In New York, several nursing homes are located in New Rochelle which was where the first cluster of Corona virus was detected. Hanna Cohen, director of Community Paramedicine for Empress EMS, the 911 provider for New Rochelle told the Washington Post that they were flooded by Coronavirus related calls from nursing facilities and private residences.
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Jeff-Bloom2Congratulations to our partner Jeffrey Bloom for being listed as the 19th most politically powerful lawyer in New York in the 2020 Law Power 100. Jeffrey serves as the Co-Chair of the Medical Malpractice Committee and LAWPAC of New York (the Trial Lawyers’ political action committee) for the New York State Trial Lawyers Association.  Gov. Andrew Cuomo described the trial lawyers as “the single most powerful political force in Albany”.

Jeff has been with our firm since he graduated from law school in 1979.  He is recognized as one of the best personal injury and medical malpractice attorneys in New York and has helped his clients successfully achieve numerous multi-million dollar recoveries.  Among his notable cases, he served as lead counsel representing the Estate of Joan Rivers in a medical malpractice action arising from her death following surgery at an ambulatory surgical center. Jeff also specializes in cases of  cancer patients  who have been misdiagnosed. He was instrumental in the 2018 enactment of“Lavern’s Law,” which, for the first time in New York, mandated that the statute of limitations in cases on behalf of cancer patients and their families begins to run when the patient reasonably discovers that he/she has been the victim of malpractice.

A 2020 Law Power 100 Reception will take place tomorrow at The Ainsworth Chelsea in Manhattan.