For those who have practiced in the area of New York Construction Accidents both plaintiff and defense attorneys can agree on one point: the law interpreting New York Labor Law, Section 240(1) is constantly changing. The pendulum swings back and forth. For a brief discussion of the ever changing law click here. With regard to falling objects, prior to 2001 if an object at a New York Construction Site fell striking a worker the plaintiff won. Then in May of 2001 that changed with the decision by The Court of Appeals in Narducci v Manhasset Bay Assoc., 96 N.Y.2d 259, 268, 750 N.E.2d 1085, 727 N.Y.S.2d 37 ) in which The Court held;
“With respect to falling objects, Labor Law § 240 (1) applies where the falling of an object is related to “a significant risk inherent in … the relative elevation … at which materials or loads must be positioned or secured” ( Rocovich v Consolidated Edison Co., supra, 78 NY2d, at 514). Thus, for section 240 (1) to apply, a plaintiff must show more than simply that an object fell causing injury to a worker. A plaintiff must show that the object fell, while being hoisted or secured, because of the absence or inadequacy of a safety device of the kind enumerated in the statute…”
What followed was a rash of dismissed “falling object” cases. Then in 2005 The Court in Outar v City of New York, 5 NY3d 731, 731, 832 N.E.2d 1186, 799 N.Y.S.2d 770 affirmed summary judgment for the plaintiff who had been injured when struck by a falling Dolly holding “The elevation differential between the dolly and plaintiff was sufficient to trigger Labor Law § 240 (1)’s protection, and the dolly was an object that required securing for the purposes of the undertaking…”
From The New York Daily News;
The owner of the city’s largest construction crane company ( New York Crane and Equipment Company) is expected to be indicted for manslaughter in the death of two workers killed in an upper East Side disaster nearly two years ago.
For more information on New York Crane Accidents contact our New York Construction Accident Lawyers.
Ben Rubinowitz and Evan Torgan co-authored “Exposing Biased Testimony On Cross” which appeared in The New York Law Journal on February 23, 2010. The article discusses the basic elements necessary to properly attack the biased witness. The factors discussed include, Cross on Friendship, Cross On The Absence Of A Subpoena, Cross on Transportation and Cross On Refusing To Speak To The Opposing Party. After each factor a sample cross examination is presented. Rhonda E. Kay assisted in the preparation of the article.
This program sponsored by The Association of The Bar of the City Of New York will be held on Wednesday, January 20, 2010 8:00 am – 9:15 am at The New York City Bar, 42 West 44th Street, Stimson Room.
The program will focus on various aspects of litigating medical malpractice cases, with attention to pitfalls of practice and other insights, all as viewed from the perspective of an experienced trial judge and two seasoned practitioners. The distinguished panel will consist of The Honorable Douglas E. McKeon, J.S.C. and two members of the medical malpractice bar, Ben B. Rubinowitz, Esq., Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Glenn W. Dopf, Esq., Kopff, Nardelli & Dopf, LLP. Justice McKeon will serve as speaker and moderator.
To register click here.
Our Partner, Howard S. Hershenhorn is The Overall Planning Chair Of This New York State Bar Association Program and our Partner, Christopher L. Sallay is the Assistant Planning Chair. Also Participating from our Firm are Ben B. Rubinowitz, Chair of The Long Island Program. Our partners, Robert L. Conason and Anthony H. Gair will also be speaking at the program. Bob Conason will be speaking at both the New York City and Long Island Seminars. Below are Links to the locations, dates and description of the Program.
Friday, November 20, 2009 Buffalo- http://www.nysba.org/AM/Template.cfm?Section=Events1&Template=/Conference/ConferenceDescByRegClass.cfm&ConferenceID=3584
Friday, December 4, 2009 Latham- http://www.nysba.org/AM/Template.cfm?Section=Events1&Template=/Conference/ConferenceDescByRegClass.cfm&ConferenceID=3585
Our Partner Stephen Mackauf will speak at The New York State Bar Association Seminar: Medical Malpractice to be held on Thursday, November 19, 2009 at New York Hotel Pennsylvania, 401 Seventh Avenue (at 33rd St.) New York, NY. Stephen will speak on Discovery (Plaintiff’s Perspective). For more information click here. Stephen is considered by not only malpractice lawyers in New York but by malpractice lawyers across the Country as one of the leading Medical Malpractice Attorneys in The United States. He has lectured for years to both Doctors and Medical Malpractice Lawyers in States across The Country.
Our Partner, Jeffrey Bloom will be speaking on Summations at The New York State Bar Association Seminar: Practical Skills-Basics of Civil Practice-The Trial to be held on Wednesday, November 18, 2009 at New York Hotel Pennsylvania, 401 Seventh Avenue (at 33rd St.) New York, NY. For more information click here.
Our partner Stephen H. Mackauf will be speaking at The IQPC Program Obstetric Malpractice to be held on November 9-11 in Chicago. Stephen will be speaking on November 11th. The topic will be “What Every Lawyer Must Know About The New ACOG Standards On Fetal Heart Rate Monitoring.” For more information click here.