Gail S Kelner

September 19, 2006 | New York Law Journal

Robert S. Kelner, the senior partner of Kelner and Kelner, and Gail S. Kelner, an attorney at the firm, write that the deposition is probably the most useful discovery tool in civil litigation. However, it has always been necessary to strike a balance in its use between open and expansive discovery and appropriate limitations so as to protect witnesses from improper questions. In recent cases, the courts have expressed frustration at being called upon to draw the line on what is improper.

By Robert S. Kelner and Gail S. Kelner

13 minute read

January 25, 2011 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner of Kelner & Kelner discuss a recent decision where prior written notice was found unnecessary to hold a town liable for a fall on ice outside a government building and its effect on municipalities' snow removal procedures.

By Robert S. Kelner and Gail S. Kelner

12 minute read

June 24, 2002 | New York Law Journal

I n a significant recent decision, Chianese v. Meier, 2002 N.Y. Slip. Op. 04816, (The New York Law Journal, June 14, 2002, p.18) the Court of Appeals again examined the scope and statutory intent of CPLR Article 16, which was enacted in 1986 to limit common-law liability holding joint tortfeasors jointly and severally liable for the payment of damages.

By Robert S. Kelner And Gail S. Kelner

12 minute read

November 23, 2004 | New York Law Journal

Robert S. Kelner, senior partner at Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write that workers covered under the Scaffold Law may well be protected even while performing duties ancillary to their elevated activities.

By Robert S. Kelner and Gail S. Kelner

12 minute read

March 27, 2007 | New York Law Journal

Robert S. Kelner, the senior partner at Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write that Cuffy v. City of New York has provided the framework for evaluating the existence of a special duty. Counsel should apply these criteria, they argue, as refined in later cases, to ascertain whether a special duty exists. If such a duty is found, then the reasonableness of the municipal undertaking may create a basis for liability.

By Robert S. Kelner and Gail S. Kelner

13 minute read

January 24, 2006 | New York Law Journal

Robert S. Kelner, senior partner with Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, look at decisions that examine the nature of tasks and their timeline in assessing Scaffold Law cases.

By Robert S. Kelner and Gail S. Kelner

13 minute read

July 27, 2010 | New York Law Journal

Robert S. Kelner and Gail S. Kelner of Kelner & Kelner discuss the duty of a landowner or other responsible entity if a tree or large branch crashes down and causes injury or death.

By Robert S. Kelner and Gail S. Kelner

14 minute read

May 27, 2003 | New York Law Journal

By Robert S. Kelner And Gail S. Kelner

12 minute read

April 22, 2002 | New York Law Journal

T hose of us who work in New York City office buildings have seen workers dangling outside our windows while cleaning the large glass panes. It is obvious that the work they perform is extremely dangerous. It is difficult to imagine that the courts could even contemplate denying these workers the height-related protection of Labor Law �240(1) should one of them suffer a catastrophic accident. Nonetheless, even though "cleaning" is an enumerated activity under the absolute liability provisions of Labor Law �

By Robert S. Kelner And Gail S. Kelner

12 minute read

November 24, 2009 | New York Law Journal

Robert S. Kelner, senior partner at Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write that it has been almost a year since the horrifying moment when a Wal-Mart worker was trampled to death and customers injured on the Friday after Thanksgiving. This occurred after a crowd of approximately 2,000 shoppers burst through the front doors of a Wal-Mart store in Valley Stream in a race for a limited supply of advertised sale items. Investigations that followed made it clear that there was inadequate crowd management. This holiday season is an appropriate time to analyze the duty of care of those in control of the sites of mass gatherings to protect participants from the foreseeable dangers of overexcited crowds and acts of violence in those settings.

By Robert S. Kelner and Gail S. Kelner

13 minute read