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.
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Ben Rubinowitz Trial LawyerAre you disciplined enough to keep going even when you’re tired? Practicing law can feel like an endurance test, but discipline is critical if you want to be a champion trial lawyer.

In the last episode of Trial Lawyers University (click to listen), Dan Ambrose is joined by veteran trial lawyer Ben Rubinowitz, our Managing Partner. As a leading trial lawyer, Ben’s successes include 28 verdicts and over 180 settlements in excess of one million dollars in cases arising out of car accidents, premises accidents, construction accidents, medical malpractice, civil rights violations and product liability.

Tune in as Dan and Ben discuss how discipline is the key to success as a trial lawyer, why virtual trials are a bad idea, and the time that Ben interrupted the best opening statement of his life to jump over a jury box and render CPR to a juror.

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NYPD Chase LawyersIn the early hours of a Thursday morning, chaos unfolded on the Major Deegan Expressway in New York as a police pursuit out of Yonkers took a perilous turn. What began as a routine response to a robbery report at the Cross County Shopping Center quickly escalated into a high-speed chase on the wrong side of the highway. Unfortunately, the pursuit ended in a wrong-way crash that left two innocent people injured, highlighting the inherent risks associated with police chases and the importance of seeking legal representation in such cases.

According to Yonkers police, officers were initially responding to a report of a robbery and identified a suspect at the Cross County Shopping Center. As the officers approached the suspect, he chose to flee in his Jeep Cherokee with Connecticut plates, setting the stage for a dramatic chase.

The suspect’s reckless flight continued as he entered the Major Deegan Expressway, traveling in the wrong direction in the northbound lanes. Recognizing the imminent danger, Yonkers police swiftly notified the New York Police Department (NYPD), and both law enforcement agencies initiated a coordinated effort to locate and apprehend the suspect. As they scoured the southbound lanes for any sign of the fleeing individual, the situation grew increasingly precarious.

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construction workers must be protectedIn the wake of the COVID-19 pandemic, the construction industry faced a crisis that often went unnoticed amidst the chaos of the world. While most were concerned with the virus’s immediate impact, there was another silent epidemic silently plaguing the hardworking individuals in the construction sector – drug overdoses.

A recent report from the Centers for Disease Control and Prevention (CDC) has brought to the forefront a startling revelation: construction and extraction jobs topped the list with 162.6 drug overdose deaths per 100,000 workers during the first year of the pandemic. This staggering statistic is a wake-up call to the dire state of affairs within the construction industry.

The CDC report also revealed that the drug overdose rate in the United States increased steadily from 1999 to 2020. In 2021, the U.S. drug overdose rate was a shocking 50% higher than in 2019. While provisional data from 2022 showed a 2% drop in drug overdoses from the previous year, the construction industry still remains at the forefront of this crisis.

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yearly pedestrian fatalities in New York CityA grandmother who was pushing her 2-year-old granddaughter in a stroller was fatally struck by the driver of a pickup truck who failed to yield to them. The pedestrian accident occurred yesterday afternoon around 1:00 p.m. at the intersection of Bay 25th Street and Bath Avenue in Brooklyn. The 56-year-old driver of the pick-up truck,  identified as Faheem Shabazz, was making a left turn when he struck the grandmother and her goddaughter. He remained at the accident scene and was later charged with failing to yield to a pedestrian. According to How’s my driving, the pick-up truck has a history of recklessness. In the last 9 months, the pick-up truck received 9 violations for a total of $850 in fines. 4 of them were school zone speed camera violations.

The 66-year-old grandmother was transported to the hospital in critical condition but she did not survive. Miraculously her granddaughter survived and was not injured.

In New York City,  the Right of Way or Failure to Yield Law was passed in May 2014 to reduce pedestrian fatalities. Under this law drivers who fail to yield to a pedestrian or a cyclist can be subjected to a fine of up to $150 and up to 15 days in jail.  While this law and other initiatives such as the lowering of the city speed limit and the installation of speed cameras in school zones have led to a decrease in pedestrian fatalities in the city, large vehicles driven by reckless drivers remain a significant danger for pedestrians. Last year 116 pedestrians died in car accidents in New York City and 8,500 of them were injured.  While these numbers are lower than in 2013, before Vision Zero,  when 168 pedestrians were killed and 11,978 were injured they are far from the “zero” fatality goal of the Vision Zero program.

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Location of the collision betwen the police car and the cyclist in Long island NYA tragic bicycle accident involving a collision with an emergency vehicle, has brought to light the critical danger that can arise when these vehicles are responding to emergencies.

On Saturday evening, at the intersection of William Floyd Parkway and Adobe Drive In Shirley, Long Island, NY, a 13-year-old boy’s life took an unexpected turn. He was crossing westbound on his bicycle when a police officer, responding to an emergency call for an elderly woman in medical distress, approached the intersection. The officer’s vehicle had its lights and siren activated, indicating an urgent situation. Unfortunately, tragedy struck as the police vehicle collided with the teenage bicyclist, setting off a chain of events that would alter lives forever.

In the line of duty, emergency vehicles play a crucial role in saving lives and providing immediate assistance during critical situations. However, the accident in Shirley underscores the unforeseen consequences that can occur when these vehicles are speeding through traffic, even with lights and sirens on.

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OSHA logoAs construction accident attorneys in New York City, our commitment lies in ensuring the safety and well-being of workers in the construction industry. We are dedicated to upholding the rights of workers who have suffered due to the negligence of employers. A recent case highlights the importance of enforcing safety regulations in construction and the consequences faced by a New York contractor for willfully exposing employees to dangers that led to a fatal trench collapse in Brooklyn in 2018.

In September 2018, a horrific trench collapse in Brooklyn resulted in the tragic death of a worker. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) launched an investigation into the incident, revealing shocking negligence on the part of the contractor, WSC Group LLC. The OSHA investigation found that WSC Group LLC had willfully failed to provide an adequate protective system for employees working in the trench. This negligence exposed workers to serious excavation hazards that ultimately led to the worker’s death. The gravity of the situation was undeniable, and OSHA issued citations against the company.

WSC Group LLC, however, chose to contest OSHA’s citations before the Occupational Safety and Health Review Commission. The case took an unexpected turn when the Kings County District Attorney’s office pursued a criminal case against the company’s owner, Jiaxi “Jimmy” Liu. In March 2023, Liu was convicted of criminally negligent homicide and other charges related to the trench collapse.

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location of the deadly crash in Queens, NYCA grandfather was killed and his wife and two grandchildren were seriously injured in a car accident in New York City after a driver lost control of his vehicle and plowed into their parked car. The driver who remained at the scene has so far not been charged.

67-year-old Sam Amorese and his wife were in the process of getting their two young grandchildren, aged 1 and 5, out of their white Honda SUV. They were near their home on 73rd Avenue.  Their car was parked in a spot well-known to locals as a danger zone. This area had earned a notorious reputation as the “dead man’s curve.” It was notorious for being a high-risk location due to speeding cars, a concern that residents had repeatedly voiced.

A 39-year-old driver of a Nissan Pathfinder, coming around the corner, slammed into the Amorese family’s parked SUV. The impact was devastating. Witnesses describe the horrifying scene: the baby was ejected from the backseat of the SUV, and Mr. Amorese was pinned between his vehicle and another car.

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the dangerous intersection Eastern Parkway and SchenectadyFour lives were lost in three separate collisions in a single day in New York City.

On Sunday, the Staten Island Expressway bore witness to a horrific crash that claimed the lives of two young women, Jianna Pischetola and Gabriella Shammas, both aged just 22. The fiery collision left their Chevrolet Corvette unrecognizable, underscoring the devastating impact of the accident.

Earlier in the day, a motorcyclist lost his life in another tragic incident on Staten Island. The 29-year-old rider collided with a Dodge Ram as the truck was turning left onto 10th Street from New Dorp Lane. The motorcycle attempted to pass the truck on the left side, resulting in a fatal collision. The severity of the head trauma sustained by the rider resulted in his being pronounced dead at the scene.

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Long Island, NY, has seen a record number of fatal crashes in AugustIn August alone, more than 30 traffic accident fatalities were recorded on Long Island roads. September started badly as well, with two pedestrian deaths occurring over the weekend. On Saturday night around 11:00 pm, 50 year old Christopher Briscoe was killed by a 28 year old driver as he was attempting to cross Montauk Highway. The driver wasn’t charged as no criminality was suspected. A day later, 47 year old Santos Aguirre was struck by two hit and run drivers in Amityville. One of them, 26 year old Danielle Lapersonerie was driving intoxicated and was caught by the police shortly after the accident. The other driver is still at large.

Janine Logan of the group Walk Safe Long Island aptly describes the situation as a “silent epidemic” because it happens far too often. Over the past three years in Nassau and Suffolk counties, 515 people have been hit and injured while walking or biking.

Many of these accidents involve elderly individuals attempting to cross the road, often when vehicles are making left-hand turns. Additionally, joggers face significant risks, especially in areas lacking sidewalks. The recent tragic case of Ilyona Kaydanov, a 22-year-old ballroom dancer from Commack, who was hit and killed while jogging, serves as a stark reminder of the dangers pedestrians and cyclists face daily. Her family’s grief is compounded by the fact that the driver responsible has not been charged.

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excavation in the streets of New YorkAs construction accident attorneys who represent workers injured or killed in trench collapse, we have firsthand experience with the repercussions of disregarding safety guidelines during excavation. The hazards linked with excavation and trenching activities are no secret to construction workers either. In New York, a law known as “Carlos’ Law” was signed by Governor Hochul last December, which increases penalties for corporate criminal liability due to the death or serious injury of an employee, whether a felony or misdemeanor. This law allows for fines of up to $500,000 and was named after Carlos Moncayo, a 22-year-old construction worker who tragically died in a trench collapse at a Manhattan construction site. His employers ignored repeated warnings about the hazardous conditions.

One of the primary reasons why excavation and trenching activities pose significant danger is the weight of dirt

It is easy to underestimate how heavy soil can be, but the reality is that a single cubic yard of dirt can weigh as much as a mid-sized car. This weight makes excavating the earth a perilous task, especially when dealing with trenches – excavations that are deeper than they are wide. A single minor mistake or miscalculation can lead to disaster in a matter of seconds. Even a partial trench cave-in can have devastating consequences, including workers being crushed within seconds, even if parts of their upper bodies are above the ground.

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