New York Personal Injury Attorneys BlogPublished on:
Happy New Year 2021 from all of us!
Wishing all a better 2021. Stay strong!
Articles Posted in Firm News
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New York Personal Injury Attorney Christopher Donadio to speak at the NY ABOTA & DANY Panel on “How to Effectively Use a Neurosurgeon in the Courtroom” tomorrow on Zoom
Our partner, Christopher Donadio will be one of three Distinguished Panel Members at the “How to Effectively use a Neurosurgeon in the Courtroom” CLE program organized by The New York City Chapter of the American Board of Trial Advocates (ABOTA) & The Defense Association of New York tomorrow from 5:00pm to 7:00 pm EST via ZOOM.
Christopher will speak about the Plaintiff’s Perspective while the second panel member, Jenine Gerrard, a defense attorney with Lewis Brisbois Bisgaard & Smith LLP will speak about the Defense Perspective. The other member of the panel is Dr. Christopher Allyn Lycette, a Board Certified Neurosurgeon. The program will be moderated by Sean Dugan, an attorney with Martin Clearwater & Bell LLP.
Suitable for both experienced and newly admitted attorneys, the panel fulfills 2 CLE skills credits. It is not too late to subscribe for this 2-hour Zoom Program that will start tomorrow, Tuesday November 12 at 5:00pm. Click here to subscribe or download the PDF
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Impeachment: Let’s Go to the Video Tape
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.
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Gair, Gair, Conason, Rubinowitz, Bloom, Hershehorn, Steigman & Mackauf named Best Law Firm 2021 By U.S. News – Best Lawyers® and a Tier 1 Firm for Personal Injury, Medical Malpractice and Product Liability in New York City
For 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
- 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
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The Administrative Board of New York’s Office of Court Administration takes the unprecedented action of denying re-certification to 46 Supreme Court Judges
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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Ben Rubinowitz to speak at the NYSTLA webinar: DECISIONS 2020: Recent Developments in Tort Law
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:
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New York Personal Injury Attorney Ben Rubinowitz to speak at “Champions of Trial Boot Camp” this Friday
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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10 of our NYC personal injury attorneys recognized as “Best Lawyers” and 3 recognized as “Ones to Watch” for the 2021 edition
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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- Legal Malpractice Law – Plaintiffs
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NYC Personal Injury Attorney Ben Rubinowitz to demonstrate cross-examination in free live webcast organized by NITA
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.
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Appellate Division reverses trial Court’s reduction of $2.5 million jury verdict in Medical Malpractice case in Queens County
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.
