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January 15, 2016 |

Testimony and Summation in Wrongful Death Case of Adult Child

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan continue their discussion of trying damages in a case involving the death of an adult child, providing sample questions to elicit testimony from a layperson witness on the decedent's pain and suffering, questions for parents on how the decedent contributed to the family to provide context for economic loss, and a sample summation.
7 minute read
Linda Taylor v. The Point At Saranac Lake, Inc., et al.
Publication Date: 2016-01-14
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION THIRD DEPARTMENT
Judge: Peters, P.J., Garry, Egan Jr., Rose and Devine, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 521344

Hannigan Law Firm, PLLC, Delmar (Timothy C. Hannigan of c ), for appellants.Gair, Gair, Conason, Steigman, MacKauf, Bloom & Rubinowitz, New York City (Richard M. Steigman of c

ESTATE OF ALBERT DEFILIPPO, Deceased
Publication Date: 2015-12-08
Practice Area:
Industry:
Court: Surrogate's Court, Richmond County
Judge: Surrogate Gigante
Attorneys:
For plaintiff:
For defendant:
Case number: 11/882/A

ESTATE OF ALBERT DEFILIPPO, Deceased. (11/882/A) — This is an application by the limited admin rix of the estate to modify the limitations contained in the Limited Letters of Admin

November 18, 2015 |

Trying Damages in the Wrongful Death Case of an Adult Child

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write: Damages in a case involving the death of a working spouse and parent can readily be communicated to a jury. The more difficult case is when the decedent is a young adult just starting out in life, unmarried with no children, little to no earnings history, and survived only by his parents, all of which raises issues that should be confronted head on in jury selection and opening statements.
11 minute read
September 24, 2015 |

Verdicts & Settlements Hall of Fame

VerdictSearch, an affiliate of the New York Law Journal, is pleased to announce the honorees in their second New York's Verdicts & Settlements Hall of Fame. The practice area focus for this year's Hall of Fame honors is Motor Vehicle.
10 minute read
September 08, 2015 |

Attacking the Electronic Medical Record

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write that a careful look at electronic medical records often reveals inaccuracies that not only adversely affect patient care, but also serves to undermine the integrity of the entire record. To the extent that the medical record contains false or inaccurate information, it is not enough for the trial lawyer prosecuting a medical malpractice case to expose a limited error. The goal should be to attack in such a way as to show that the entire record is untrustworthy.
10 minute read
Gregware v. The City of New York, 108013/07
Publication Date: 2015-08-13
Practice Area: Torts
Industry:
Court: Appellate Division, First Department
Judge: Before: Tom, J.P., Sweeny, Jr., Manzanet-Daniels, Clark, Kapnick, JJ.
Attorneys:
For plaintiff: For appellant: George S. Wang, Shannon K. McGovern and Jamie H. Somoza of counsel, Simpson Thacher & Bartlett LLP, New York. Zachary W. Carter of Counsel, Corporation counsel New York.
For defendant: For appellant-respondent: Deidre E. Tracey and Matthew W. Naparty of counsel, Mauro Lilling Naparty LLP, Woodbury. For Gregware respondents: Ben Rubinowitz and Richard M. Steigman of counsel, Gair, Gair, Conason, Steigman, MacKauf, Bloom & Rubinowitz, New York. For Abelardo Da-Silva, respondent: James C. Miller and Thomas M. Bona of counsel, Thomas M. Bona, P.C., White Plains.
Case number: 108013/07; 14970

Cite as: Gregware v. NYC 108013/07, NYLJ 1202734644407, at *1 (App. Div., 1st, Decided August 4, 2015)CASE NAMEJames Gregware, et al., Plaintiffs-Respondents v

JAMES GREGWARE plf-res, v. THE CITY OF NEW YORK, def-ap, BURTIS CONSTRUCTION CO. INC., Defendant-Appellant-res, ABELARDO DA-SILVA, def-res
Publication Date: 2015-08-06
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
Judge: Tom, J.P., Sweeny, Manzanet-Daniels, Clark, Kapnick, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 14970

14970. JAMES GREGWARE plf-res, v. THE CITY OF NEW YORK, def-ap, BURTIS CONSTRUCTION CO. INC., Defendant-Appellant-res, ABELARDO DA-SILVA, def-res — Simpson Thacher & Bartlett LLP, N

August 05, 2015 |

Inflammatory Closing Did Not Impact Trial, Panel Says

A closing argument that alleged the defense's witnesses were liars and their testimony was "disgusting" and "reprehensible" did not deprive the defendants of a fair trial, a split First Department panel ruled Tuesday.
4 minute read
Gregware v. The City of New York, 108013/07
Publication Date: 2015-08-05
Practice Area:
Industry:
Court: Appellate Division, First Department
Judge: Before: Tom, J.P., Sweeny, Jr., Manzanet-Daniels, Clark, Kapnick, JJ.
Attorneys:
For plaintiff: For appellant: George S. Wang, Shannon K. McGovern and Jamie H. Somoza of counsel, Simpson Thacher & Bartlett LLP, New York. Zachary W. Carter of counsel, Corporation counsel New York.
For defendant: For appellant-respondent: Deidre E. Tracey and Matthew W. Naparty of counsel, Mauro Lilling Naparty LLP, Woodbury. For Gregware respondents: Ben Rubinowitz and Richard M. Steigman of counsel, Gair, Gair, Conason, Steigman, MacKauf, Bloom & Rubinowitz, New York. For Abelardo Da-Silva, respondent: James C. Miller and Thomas M. Bona of counsel, Thomas M. Bona, P.C., White Plains.
Case number: 108013/07; 14970

Cite as: Gregware v. NYC, 108013/07, NYLJ 1202733944662, at *1 (App. Div., 1st, Decided August 4, 2015) CASE NAME James Gregware, et al., Plaintiffs-Respondent

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