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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Dilber Kubic a contractor accused of manipulating the gas line that led to the fatal explosion of a building in the lower east side in March 2015 is back at it. The contractor who was arrested after the accident is now doing illegal construction work in Harlem. Kubic is due to appear in court on March 23rd for the 2nd Ave accident.

MULTIPLE VIOLATIONS OPENED AGAINST THE BUILDING

According to people living in the building on West 154St in Harlem, Kubic was doing demolition work in 3 one-bedroom units to convert them into 2 two-bedrom units. Kubic doesn’t have any permit for this job. A broker for the building told the NY Daily News that he stopped working for the building after the alleged  illegal work started. He also filed a complaint that is being investigated by the office of Manhattan District Attorney Cy Vance. Investigators were unable to enter the building on Thursday and posted a notice for the landlord to get back to them. Journalists from the NY Daily News were able to get in and talk to tenants. They said contractors gutted all the walls in the apartments making terrible noise. The Daily News was also contacted by Joe Yusef owner of Allstate Home Remodeling who told the Newspaper that he hired Kubic to work for him. The News also called the landlord who replied that he didn’t know which apartments the News journalist was talking about. The building conditions are scary and tenants are dealing with mold, roaches and crumbling infrastructure. There are 18 violations opened with the Department of Buildings including 2 for defective elevators. In the past the landlord paid a $10,000 fine for not submitting papers to renovate the exterior of the building. He has a history of non-compliance. Read more in the NY Daily News

 

 

 

 

 

 

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Two people died and 9 were injured in a fire accident in New York City. The fire started on the first floor of a building located on Hoffman Street near 87th Street in Belmont, Bronx around 1:30 am on Monday morning. After the fire broke out in one of the apartments on the first floor, tenants ran away without closing the door behind them to prevent flames from spreading. The fire quickly engulfed the rest of the building trapping residents on the second floor.  The scene was extremely chaotic as firefighters had to fight the flames to make their way upstairs to save the residents. 11 of them including a 7 year old girl were transported to the hospital, some with critical burn injuries. Two of them died shortly after.

Last December a similar fire accident occurred in the same neighborhood killing 13 people. The fire propagated in a similar manner in the building after a door was left opened by tenants as they were escaping their burning apartment. (Read previous post).

https://www.youtube.com/watch?v=t9zX2HV5k7o

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accident sceneAn 83-year-old man died after being hit by a pick-up truck in Manhattan. The pedestrian identified as Gilbert DiBernardo was killed in front of his apartment building in KipsBay.  The collision occurred Friday afternoon around 4:00 pm.  The man was in the crosswalk located on Second Avenue and was almost across the street when according to the NY Daily News the light turned green for the cars. He was struck by a Chevrolet Silverado driven by a 53 year old driver. The driver told the police that he braked but wasn’t able to stop his truck in time. The pedestrian was transported to the hospital with a massive head injury. He died the following day.

Another man died in a truck accident on Tuesday morning. 48 year old John P. Riofrio was driving his truck on I 287 near White Plains when he collided with another vehicle. He lost control of his truck and skidded off the road. The truck flipped over the guardrail and landed in a small stream. The driver died at the scene of the accident. Two passengers suffered minor injuries and were treated at the scene of the accident. Read more in the Lohud

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surgery-centerTwo recent articles discuss the increased risks of medical practice at surgery centers as they take on increasingly risky surgeries.

A global investigation by Christina Jewett from Kaiser Health News and Mark Alesia from USA Today reveals that since 2013, 260 people died of complications after they went for an in-and-out procedure at a surgery center in America.

Another investigation led by Lindy Washburn from NorthJersey.com found that more than 12,000 serious cases of personal  injury including 52 deaths have occurred in New Jersey surgery centers between September 2008 and September 2017. Additionally Washburn also found out that these numbers were only reflecting a partial reality as among the 298 surgery centers installed in New Jersey only half of them have to report to NJ’s Patient Safety Reporting System. In New Jersey surgical centers with only one room don’t need to report their patient safety data. Previous cases of medmal indicate that some victims died in the past but exact numbers are nowhere to be found. In her article Washburn describes several cases including the one of  Rekhaben Shah, a 67 year old woman who went to one of these centers for a routine colonoscopy and died two days later. A new law was just passed that will soon require all New Jersey surgical centers to report patients safety data.

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LIRR_TrainA woman died after her car that crashed onto the Long Island Rails Road tracks was hit by a train. The high winds may have pushed the car onto the tracks according to the preliminary investigation.

29 year old Elizabeth Gallager lost control of her car near the Port Jefferson branch of the Long Island Rail Road in East Northport. She crashed down an embankment onto the tracks. A train plowed into the car around 2:10 am. The service was suspended for 5 hours. Investigators are not sure if the young woman died when the car hit the tracks or after the train hit the car.

Gallager who is a teacher had a second job at a restaurant. She was driving home in a powerful storm that pummeled Tri-State Area when the accident occured. She’s among the 9 victims who died in the NorthEast Winter storm.

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senior driverSenior drivers have a higher risk of dying in a car crash than younger drivers. Some inexpensive car accessories can help older drivers to drive more safely and prevent accidents but only 10% take advantage of them.

Drivers over 65-year-old often suffer from various health conditions that can affect driving. Reduced mental capacity and cognitive decline, arthritic hands, diminished vision, overweight, limited body motion or decreased leg strength are among the most common conditions affecting drivers over 65-year-old.

Diminished physical condition doesn’t automatically imply that someone should stop driving a car. Some cheap and easy to install accessories can make a difference and improve driving skills. For example:

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distracted driving can cause accidentsMost drivers who were using their cellphone and as a result killed someone in a car accident usually don’t get more than a few days in jail.

Fair Warning reviewed approximately 100 prosecutions of distracted drivers over the last 5 years and found that light punishment is usually the norm. Only in a few cases drivers were sentenced to serve for a month or two or were fined with amounts of more than $1000.

Fair Warning also found that the risk of going to prison is almost zero for drivers who were “only” using their phone before they killed someone on the road. Drivers who got sentenced to prison usually committed at least one additional illegal action such as drinking, taking drugs or using a hand held cell phone while driving a commercial truck.

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accident sceneThe passenger of a car died after the driver crashed into the back of a truck in New York. The accident occurred early Tuesday morning on Frederick Douglas Blvd near the intersection of 129th Street in Harlem.  A 35 year old woman driving a Mercedes crashed into the back of a milk truck that was double parked. The impact was so strong that the car then crossed over the entire boulevard and crashed into a tree. Paramedics who arrived on the scene of the accident, rushed the two car occupants to the hospital. The passenger, identified as 33 year old Angel Campana died from his injury. The driver only suffered minor injuries to her face. She was arrested on suspicion of drunk driving.

Read more in The Patch

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church fails to maintain buildingA man scavenging for construction material in a half demolished building was seriously injured after he fell through the floor. The accident occurred at a dilapidated Brooklyn building located at the intersection of Rutland Road and Brooklyn Ave in Prospect Lefferts Gardens.  The floor gave way under the weight of the 33 year old man and he got trapped. It took an hour for the paramedics and the firefighters to shore up the basement to take him out. The man was then rushed to the hospital where he was listed in serious condition.

Before being bought by the church next door, the building was a lounge. The church received a violation from the city Environmental Control Board for failure to maintain the building  after it partially collapsed. Concerned neighbors told the DOB at the end of January that the structure “was leaning”. The owner was supposed to raze the entire building but only half of it was demolished.

After the accident the DOB issued 3 violations to the church:

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Small_cell_carcinoma_of_the_ovary_hypercalcemic_type_-_low_magIn 2011, Oriana Sousa, a Portuguese psychologist who is now 28 year-old was diagnosed with a rare form of ovarian cancer. When the symptoms started doctors initially failed to diagnose the cancer. For several months Oriana suffered from frequent constipation and fatigue. She was also thirsty all the time. Then she started to have terrible abdominal pain and began vomiting. Her doctor told her she was fine and she shouldn’t worry. Her aunt who is a nurse recommended that she see visit another doctor. The new doctor performed a CT scan and found a massive tumor. Oriana was diagnosed  with a very rare, aggressive and fatal form of ovarian cancer.

Immunotherapy shrank the tumor to the surprise of the doctors

During several years Oriana went through surgery, chemotherapy and radiotherapy to try to eradicate the tumor however new tumors would grow back. Then Oriana convinced her doctor to give her nivolumab, an immunotherapy drug that was not supposed to be used on her tumor. The tumor reacted immediately and shrank. As she continued to take the drug the tumor shrank to the point that she has no more evidence of the disease. Now doctors and researchers are trying to figure out why they were wrong.

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