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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Michael TaratutaOn the evening of July 24, 2001 Michael Taratuta, was walking on the sidewalk abutting a building when, suddenly, and without warning, a section of a security fence which was erected on the parapet wall surrounding the roof of the five-story brick, non-elevator building rising to a main roof elevation of approximately 59 feet fell to the sidewalk below, striking and seriously injuring Michael. As a result of the occurrence, Michael sustained grave injuries, including a traumatic brain injury, open comminuted fractures of the skull and multiple intracerebral hemorrhages and contusions. Initially it was not thought he would survive. We represented Michael for years of litigation during which he underwent numerous brain surgeries.

Miraculously, following years of therapy Michael recovered to the extent that he was able with the help of his wife, Ira, to write an amazing book, in comic book format detailing his recovery. Prior to the accident he was a talented graphic artist. The case was successfully resolved allowing Michael to live a financially secure life.

Michael’s book is up at amazon.com for Kindle.

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We are pleased to announce that our own Tony Gair has also been named to this years Best Lawyers as the “New York Best Lawyers Product Liability Litigator of the Year” for 2011.

This is in recognition of Mr. Gair’s long history of helping people injured by the negligence and carelessness of others. He also advises younger attorneys on how to effectively represent people who have suffered catastrophic injuries and has taught at Fordham University School of Law in the Continuing Legal Education program.

One of his most notable roles was heading up the team that represented the Diallo family for the wrongful death of their son Amadou, who was shot 19 times by members of the New York City Police Department’s Street Crimes Unit-a case that was extensively covered by the national media.
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We are proud to announce that Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named Robert L. Conason as the “New York Best Lawyers Personal Injury Litigator of the Year” for 2011.

After more than a quarter of a century in publication, Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.”

As a premier trial attorney, Mr. Conason constantly emphasizes the dedication and individualized attention each case demands and every injured person deserves. Accordingly, in terms of the volume of cases accepted, he has advanced the firm on the philosophy that “less is more” and assists in the careful selection of only the most serious and substantial personal injury cases. He has said, “My satisfaction comes from knowing that absent a successful recovery of a claim, our clients wouldn’t have the ability to secure appropriate medical care and equipment, economic freedom and the ability to live a dignified life.”

Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 17th edition of The Best Lawyers in America (2011) is based on more than 3.1 million detailed evaluations of lawyers by other lawyers.
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Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf

Rankings Legal Malpractice Law – Plaintiffs

Medical Malpractice Law – Plaintiffs Personal Injury Litigation – Plaintiffs Product Liability Litigation – Plaintiffs Professional Malpractice Law – Plaintiffs

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This Seminar presented by The New York State Bar Association is still available. A construction worker involved in a work related accident in addition to a workers’ compensation claim may have a third party law suit against the general contractor and/or owner of the construction site pursuant to Sections 200, 240 and 241(6) of the New York Labor Law.

The first half of this seminar provides an overview of the case law, statutes and regulations governing construction site accidents. There is also discussion concerning the important aspects of the relationships between and among the carriers and their insureds. In the second half of the seminar, presenters address strategic, evidentiary and tactical concerns and provide live demonstrations of critical components of the trial of a labor law case. Panelists offer advice on jury selection, opening and closing statements, cross-examination and trial strategies. New and experienced practitioners alike will benefit from this seminar’s coverage of all the major aspect of a labor law trial.

Our Partner, Howard S. Hershenhorn was The Overall Planning Chair Of This New York State Bar Association Program and our Partner, Christopher L. Sallay was the Assistant Planning Chair. To order directly from The NYSBA click here.

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Our Partner Howard Hershenhorn has been appointed an Adjunct Associate Professor of Law at Brooklyn Law School, Brooklyn, New York. He will be teach a Seminar on Personal Injury and Medical Malpractice. This seminar will focus on the practical aspects of the fields of personal injury and medical malpractice. For more information click here.

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Anthony Gair was quoted in The New York Times regarding New York Wrongful Death Law;

“The $3.25 million settlement that the city announced this week with the estate of Sean Bell, who was shot to death by the police in 2006, serves as a reminder of a ruthless truth about calculating settlements: It is generally cheaper to settle a case in which there was a death than one in which there was a serious injury…”

“That partly explains why the family of another victim of a fatal police shooting, Amadou Diallo, refused for years to accept the city’s settlement offers, said Anthony H. Gair, the lawyer who handled the case.

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Our Partner Howard Hershenhorn commented on the verdict in The New York Times;

“A lawyer for the family of Wayne Bleidner, the crane operator who died in the collapse, said he understood the judge’s decision. “From what I heard as the evidence was presented at this trial, there wasn’t enough evidence that he acted in a criminal manner to bring this crane down,” said the lawyer, Howard S. Hershenhorn.

“But Mr. Hershenhorn said there was still a strong case for civil negligence against Mr. Rapetti and others. A Manhattan judge has already found the general contractor on the project and the owner of the building civilly liable under New York labor law for the seven deaths. A trial to determine damages is scheduled to begin next month, Mr. Hershenhorn said.”

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In Barrios v. City of New York, et.al., decided on July 13, 2010, The Appellate Division, Second Department, affirmed the granting of Summary judgment against a prime contractor/construction manager despite the prime contractor not being in privity of contract with plaintiff’s employer. In holding the defendant contractor to be a statutory agent The Court stated;

“[w]here a separate prime contractor has been delegated the authority to supervise and control the plaintiff’s work, the contractor “becomes a statutory agent’ of the owner or general contractor” (Russin v Louis N. Picciano & Son, 54 NY2d at 318; see Walls v Turner Constr. Co., 4 NY3d 861, 863-864). Here, although Skanska was not in contractual privity with the plaintiff’s employer, the record establishes that Skanska had been delegated a significant degree of authority to supervise and oversee on-site safety matters.”

The Court further held that the fact that defendant was a construction manager and not a general contractor was not dispositive;

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In McCoy v. Metropolitan Transportation Authority, et al., The First Department held that a Gradall Forklift was a mobile crane within the meaning of the Industrial Code, 12 NYCRR 23-8.2 stating;

“The court correctly held, based on the evidence adduced at the framed-issue hearing, that the subject equipment was a mobile crane for purposes of the Industrial Code regulations governing the safe operation of mobile cranes, considering the manner in which the equipment was being used at the time of plaintiff’s injury. The term “mobile crane” is undefined in the Industrial Code, and plaintiff’s expert witnesses provided persuasive testimony that the Gradall was functioning as a mobile crane at the time of plaintiff’s accident, and that the Industrial Code provisions governing mobile cranes could sensibly be applied to the Gradall in light of the manner it was being used at the time (see Giordano v Forest City Ratner Cos., 43 AD3d 1106, 1108 [2007]; Millard v City of Ogdensburg, 300 AD2d 1088, 1089 [2002], lv denied 303 AD2d 1060 [2003]). Defendants’ expert testimony, in contrast, was unpersuasive and merely demonstrated that the Gradall was manufactured, tested, and sold in conformity with industry safety standards applicable to manufacturers governing rough terrain forklift trucks and lacked certain characteristics essential to a particular subset of mobile cranes, but ignored that there are [*2]several categories of mobile cranes not all of which possess these characteristics, that the Gradall is a multi-purpose machine capable of functioning as both a forklift and a mobile crane depending on the type of attachment being used, and that the Industrial Code was enacted before multi-purpose machines such as the Gradall were developed and therefore such machines were not within the contemplation of the drafters.”

View image 1997 Gradall Forklift.

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