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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A pedestrian died, a bicyclist was  critically injured and two drivers suffered personal injury in a car accident in New York City. The accident  occurred last Thursday in Queens.  56 year old Irene Lee was driving her Porsche on Horace Harding Expressway service road near the Intersection of Junction Boulevard. She lost control of her car and jumped the curb, hitting a pedestrian and a bicyclist.  She then fled the scene of the accident and hit two other cars waiting at a nearby red light. She then fled away one more time and drove North on Junction. She later had second thoughts and returned to the scene of the accident. The pedestrian, the bicyclist and one of the car drivers were transported to the hospital. The other  car driver  suffered minor injuries and was treated at the scene of the crash. The pedestrian, a 21-year-old woman, suffered severe head trauma  and died from her injuries. The bicyclist, a 26 year old woman, was in critical condition.  The driver was in stable condition. Irene Lee was arrested and charged with running a red light and leaving the scene of the accident resulting in death which is a class D felony.

Read in the Gothamist  

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Harlem River HousingA 3-year old boy died after he fell from a window in a  public housing development in Harlem, New York City.  Latyre Sene fell  from the 13th floor of a building located in the Harlem River II Houses on Frederick Douglass Blvd. near W. 151st St (picture).  The window guard was found next to him. Police are investigating why the window guard fell and didn’t protect the toddler.

Building owners have the responsibility to install and maintain window guards in any apartment where a family is living with children. Because Latyre Sene’s family was illegally subletting the apartment,  it wasn’t clear if  NYCHA who owns the building was aware that a child lived in this apartment.

On Monday, a maintenance employee was seen leaving the apartment with a drill and 3 guards in his hands. Following the tragic accident, several other residents of the building also asked for a revision of their window guards.

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Four people died and two were injured in a car accident in Long Island, NY on Yaphank Middle Island Road near Rustic Road last night. For some unknown reason the driver of a pick up truck veered in to the opposite lane of traffic and hit a car that was coming in the opposite direction. There were four adults and a baby in the car. The driver of the pickup truck as well as two men and a woman who were in the other car died in the accident. The baby and another woman sustained injuries and were taken to the  hospital to be treated.

Read more in the NY Daily News 

 

 

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Pit_Bull_Red_Nose-Tyson5 people were injured in two separate pit bull attacks in New York City during the week-end. In the first incident a nine year old daughter and her mom where attacked in a housing development in Harlem. The pit bull broke free from his owner. He seriously bit both the mother and the daughter as well as a policeman and a NYCHA worker who came to the rescue. The dog was killed by the police. The mother and the daughter were transported to the hospital to be treated.

In the  second incident, a pit bull belonging to a panhandler bit a three year old girl in the face in front of a commercial center in Elmhurst, Queens. The young girl needed 17 stitches.

Read more in the NY Daily News

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HitRun2A bicyclist was fatally hit by a car that didn’t stop after an accident  last Saturday in Brooklyn, NYC. The police believe that the driver hit the bicyclist intentionally.  35-year-old Matthew Von Olen was riding back home from a shift at a bar in downtown Manhattan when he was struck by a car in Williamsburg.  A video obtained by the police  shows that the driver intentionally hit the bicyclist and killed him.  The car driver first slowed down at the level of the bicyclist who was riding in the bike lane and then hit him. As Von Olen fell off his bike, the car driver hit him a second time and then ran over him and dragged him about 20 to 30 feet before fleeing. Von Olen suffered severe trauma and died from his injuries. The police are still looking for the car driver who was driving a black 2014-2015 Chevy Camaro with gold New York State license plates (see picture from surveillance camera).  Read more in the Gothamist

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imageSome potentially contaminated flour was recalled by General Mills and the FDA has warned consumers not to eat raw dough. Since last December the FDA has received reports of 38 people that have been contaminated by a strain of bacteria called Shiga toxin-producing E. coli O121,  while eating or handling raw dough from flour produced last November by General Mills in Kansas City. 10 of the 38  people had to be hospitalized.  Patients usually recover within a week but severe infections can lead to a type of kidney failure called hemolytic uremic syndrome. Children below 5 years old as well as adults with a weak immune system are the most at risk.

The dough is only dangerous for consumption while eaten raw which happen mostly when consumers eat the scraps while preparing cookies or other baked goods. Children who play with home made play clay are also at risk of being contaminated.

The following types of flour were recalled: Gold Medal, Signature Kitchens and Gold Medal Wondra. Consumers who have bought these types of flour and have then in their pantry should discard them.

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NYC motorcycle accidents February 2016A motorcyclist died in an accident in Brooklyn, NYC, this weekend. The motorcyclist was heading north on Buffalo Ave. near E. New York Ave. in Crown Heights early Sunday morning when he struck a limo. He was rushed to the hospital but he couldn’t be saved.

Motorcycle accidents in New York City always increase during the months of June, July, August and September. There are usually between 250 and 350 motorcycle accidents every month of the summer in the city. Because motorcyclists only have a helmet to protect themselves, motorcycle accidents often results in serious injuries or death.

Read more in the NY  Daily News

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central parkA teenager was seriously injured after he walked on a “homemade” bomb in  Central Park, New York City. 18 year old Connor Golden from Virginia was visiting New York with two friends. They were walking in Central Park when Connor stepped on the device. His leg was so badly injured that doctors had to amputate it just below the knee. His family is devastated. The college student had come to the city for the 4th of July festivities.

The police said that the explosives was left in a plastic bag in the park and seemed to have been fabricated at home by an amateur. Forensic tests are now being done to determine what type of explosives were used. The results should be known tomorrow.

Read more in the NY Daily News

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brOn Wednesday our Partner, Ben Rubinowitz, lectured to more than 60 Assistant District Attorneys from the Nassau County District Attorneys office. Ben was asked to teach Cross Examination skills to the ADA’s based on his experience and success in the Courtroom. “I felt honored to be asked to teach cross examination skills to the ADA’s. I started out as a prosecutor and know first hand the challenges that these ADA’s face each day. I have used those same skills that I learned as an Assistant DA to prosecute those who cause injury or death to our clients.” In his lecture, Ben stressed the importance of focusing on every aspect of trial with an eye toward strengthening the argument for summation. He stressed the importance of presenting a fair and honest case, methods of dealing with non-responsive witnesses and how to dissect a witness who tells less than the truth. Following Ben’s presentation the Director of Training commented that the Assistants enjoyed the presentation so much that they immediately requested an additional presentation by Ben.

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In New York City, if a driver fails to exercise due care and seriously injures or kills a pedestrian he may be criminally charged based on the so called “Right of Way Law”. (Sect. 19-190 of the NYC Administrative Code ).This law  went into effect in NYC in August 2014 as part of the Vision Zero initiative to reduce injuries and deaths related to traffic accidents in the city.

Last Friday, June 24th, a Queens Judge ruled this law unconstitutional. Judge Gia Morris issued a  ruling in favor of  Isaac Sanson, a school bus driver who failed to yield to an elderly woman in a crosswalk and fatally hit her.  Morris opined that because drivers can be charged under the Right of Way law even if their intent or awareness of committing a violent act can’t be proven, the law violates Sanson’s due process.

“The very fabric of our criminal justice system is that an accused person stands before a court innocent until proven guilty, and is entitled to significant constitutional protections separate and distinct from a civil case,” Morris wrote. She went on to state that  it was conceded by by all parties that the law intended to use a civil tort negligence liability standard. She thus held that “Such use of a civil tort liability standard of negligence in a criminal case violates a defendant’s rights under the Fifth and Fourteenth Amendments of the federal constitution and state constitutional protections. Specifically, it violates a defendant’s right to due process, to be presumed innocent, and a defendant’s rights against self-incrimination. Thus, the defendant has met his burden of establishing, beyond a reasonable doubt, that the statute is unconstitutional.”

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