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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 Personal Injury

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Howard S. Hershenhorn
Howard S. Hershenhorn
Gair Gair Conason
Steigman Mackauf
Bloom & Rubinowitz
Christopher Sallay

Christopher Sallay
Gair Gair Conason
Steigman Mackauf
Bloom & Rubinowitz

 

 

Howard S. Hershenhorn will serve as Overall Planning Chair and Christopher L. Sallay will serve as Assistant Chair of the New York Bar Association‘s Labor Law/Construction Site Accidents in New York Seminar on Friday, December 9, 2011. Anthony H. Gair and Ben B. Rubinowitz will also be speaking at the event. Ben B. Rubinowitz is also the chair of the Long Island seminar.

Friday, December 2, 2011

Melville Marriott Long Island
1350 Old Walt Whitman Road
Melville, NY 11747
(631) 423-1600

Friday, December 2, 2011

Sheraton Syracuse University Hotel
801 University Avenue
Syracuse, NY 13210-0801
(315) 475-3000

Friday, December 9, 2011

New York State Nurses Association
11 Cornell Road
Latham, NY 12110
(518) 782-9400

Friday, December 9, 2011

Affinia Manhattan
371 Seventh Avenue At 31st Street
New York, NY 10001-3984
(212) 563-1800

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In this new program, an outstanding faculty, including partners of many of New York State’s leading plaintiff and defendant personal injury law firms, will focus on specific types of cases frequently encountered in motor vehicle litigation. Open to both new and experienced attorneys, this practice-based program will present the “nuts & bolts” of handling these types of cases from the perspective of both the plaintiff and the defendant.

Topics Include: 

Program Co-Chairs:

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TRIAL PRACTICE
Richard M. Steigman, Esq.
Gair Gair Conason
Steigman Mackauf
Bloom & Rubinowitz

Our attorney Richard Steigman will be speaking at the The New York State Trial Lawyers Association Decisions 2011 program on November 2, 2011. The topic he will be speaking on is Trial Practice. This annual event is the most comprehensive and effective way to review last year’s decisions, amendments and other changes in New York tort law.

CLICK HERE TO REGISTER OR ORDER DISCS
INFORMATION:

Wednesday, November 2, 2011: 9am to 5pm
Huntington Hilton 598 Broadhollow Road
Melville, NY 11747 Tel: (914) 631-5700

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In Delaney v. Town Sports International, doing business as New York Sports Club, et al., 2d Department decided on October 4, 2011, the Court was with faced with the age old question of trivial or de minimis defects.

The plaintiff suffered injury as a result of falling over a moveable wooden platform which had been placed on the tile floor of a sauna located within the defendants’ premises. The platform was 1½ inches off the floor with a ½ inch lip or overhang, and was located approximately 9½ inches from the sauna entrance door. The defendants moved for summary judgment contending, among other things that any alleged defect was trivial in nature. In denying defendants’ motion for summary judgment The Court held;

“”Whether a dangerous or defective condition exists on the property of another so as to create liability depends on the circumstances of each case and is generally a question of fact for the jury” (Perez v 655 Montauk, LLC, 81 AD3d 619, 619; see Trincere v County of Suffolk, 90 NY2d 976, 977; Vani v County of Nassau, 77 AD3d 819). Although some defects are trivial and, therefore, not actionable as a matter of law (see Trincere v County of Suffolk, 90 NY2d at 977; Vani v County of Nassau, 77 AD3d at 819), “[i]n determining whether a defect is trivial as a matter of law, a court [*2]must examine all of the facts presented, including the width, depth, elevation, irregularity, and appearance of the defect, along with the time, place, and circumstances of the injury” (Perez v 655 Montauk, LLC, 81 AD3d at 619-620; see Trincere v County of Suffolk, 90 NY2d at 977-978; Sabino v 745 64th Realty Assoc., LLC, 77 AD3d 722).