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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.
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To prevail in a civil rights action under 42 USC §1983, plaintiff must establish that defendants deprived decedent of a right secured by the constitution or laws of the United States and that such deprivation was committed by person(s) acting under color of state law (see, Spell v. McDaniel, 591 F.Supp. 1090 [1984]). Officially promulgated ordinances, regulations and departmental directives give rise to municipal liability under section 1983 if such policies and decisions lead to a deprivation of constitutional rights (Id.). Municipalities are liable under section 1983 for de facto policies or practices which engender constitutional deprivation; informal actions, if they reflect general policy, custom, practice or pattern of official conduct which even tacitly encourage conduct depriving individuals of their constitutional rights, satisfies section 1983 standards (Id.).

Legal Standard For Discovery

Federal, and not State law, governs questions of discoverability, confidentiality and privilege in federal civil rights actions (see, King v. Conde, 121 F.R.D. 180 [EDNY 1988]; Fed. R. Civ. P. 26[b][1]). Under Rule 26 (b)(1) of the Federal Rules of Civil Procedure, any information that is not privileged is discoverable if it is relevant to the action or reasonably calculated to lead to the discovery of admissible evidence.

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In an injury or death resulting from the defective design of a product, the claim is that the product functioned as it was designed but the design was negligent. That is a reasonable manufacturer should have known that the design of the product was defective, that it was foreseeable that the design could cause injury or death to the user of the product. Once a hazard, which is a condition that may cause injury or death, is identified in a product, the design engineer must follow an accepted design priority recognized by all design engineers in reducing the possibility of the dangerous condition of the product causing injury or death.

1. The dangerous condition must be designed out of the product if such can be done without destroying the utility of the product. If this can’t be done then:

2. The dangerous condition of the product must be guarded against. If the dangerous condition of the product can’t be guarded against then:

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From amnewyork By David Freedlander;

Twenty of the city’s high-rise crane returned to operation last week, but many of them are on construction sites that have received dozens of complaints and violations for unsafe working conditions.

The complaints range from the mundane to the alarming, but in the light of two deadly crane collapses this spring, both of which occurred on construction sites with a history of violations, some say any infraction raises red flags.

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From The New York Times By WILLIAM K. RASHBAUM;

The city’s chief crane inspector was arrested on Friday and charged with taking bribes to allow cranes to pass inspection, the authorities said. He was also accused of taking money from a crane company that sought to ensure that its employees would pass the required licensing exam.

The man, James Delayo, 60, the acting chief inspector for the Cranes and Derricks Unit at the city’s Department of Buildings, oversaw the issuing of city licenses for crane operators. The case against him, announced by the Manhattan district attorney’s office and the city’s Department of Investigation, was filed just a week after the city’s second fatal crane collapse in less than three months. Read More.
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Our Senior Partner Robert Conason and our Partner Rhonda Kay are contributing authors of Warren’s Negligence in the New York Courts, Second Edition.

Warren’s Negligence in the New York Courts has been a trusted authority for negligence attorneys practicing in New York for more than 60 years. It is one of the most thorough New York-specific treatises covering the key legal aspects of New York negligence law and important procedural matters for both plaintiff and defense attorneys.

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By: Anthony H. Gair;

New York medical malpractice attorney elaborates on the extravasation of intravenously administered chemotherapeutic agents into the subcutaneous tissue of cancer patients undergoing chemotherapy is a known risk of treatment. The potential gravity of injury caused by extravasation is dependent upon the type of drug which extravasates. The most destructive extravasation injuries are those caused by anti-tumor drugs which bind to deoxyribonucleic acid (DNA), such as Doxorubicin, (Adriamycin) which has been a primary part of chemotherapeutic regimes since the late 1960’s. Extravasation of chemotherapeutic agents which bind to nucleic acids can lead to a prolonged course of injury. The most clinical experience has been derived from the extravasation of Doxorubicin. Rudolph, R, Larson, D. Etiology and Treatment of Chemotherapeutic Agent Extravasation Injuries: A Review. J. Clin. Oncol, 1987; 5:1116-1126. Doxorubicin causes severe progressive tissue necrosis that may involve muscles and tendons. Since no specific antidote has been developed, the recommended treatment of Doxorubicin extravasation is early excission of all infiltrated tissue. Dahlstrom, KK, Chenoufi, HL, Daujard, S. Fluorescene microscopic demonstration and demarcation of Doxorubicin extravasation. Experimental and Clinical studies. Cancer, 1990 Apr. 15; 65(8): 1722-1726.

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Wednesday, June 4, 2008
In 2006, our partner, Rhonda E. Kay, authored her first book entitled LexisNexis AnswerGuide New York Negligence. Republished each year with updated information, this answerguide is a practical and concise guide focusing on the key legal and procedural issues that arise in six of the major classes of cases handled by the New York negligence practitioner: Motor Vehicle Accidents, Premises Liability, Construction Accidents, Products Liability, Governmental Liability and Medical Malpractice. In addition to providing a substantive overview of the law, this single volume publication offers valuable practical insights, task-oriented checklists and annually updated case citations. This answerguide is published by, and available through, LexisNexis Matthew Bender.

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Trial Advocacy
Thursday, May 29, 2008 By Ben Rubinowitz and Evan Torgan”

Ben Rubinowitz, a partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf and Evan Torgan, a member of Torgan & Cooper, write that “in any personal injury case, effective cross-examination is essential to win the battle of medical experts. However, many lawyers don’t prepare their examination of the opposing expert until the night before the actual cross takes place. The well-prepared lawyer knows better – a winning cross is prepared months in advance of trial.”

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It is doubtful the the U.S. Dept of Justice will Prosecute the New York City Police Officers who shot and killed Sean Bell under 18 U.S.C. Section 242 for willfully violating his constitutional rights. The Guidelines in the U.S. Attorney’s manual governing Dual and Successive Prosecutions known as the Petite Policy require that three substantive prerequisites be satisfied;

1. The matter must involve a substantial Federal interest.

2. The prior prosecution must have left that interest demonstrably unvindicated.