Gail S Kelner

September 28, 2004 | New York Law Journal

Kelner and Kelner's Robert S. Kelner, a senior partner, and Gail S. Kelner, an attorney with the firm, write that to constitute constructive notice, a defect must be visible, apparent, and must exist for a sufficient length of time to permit defendant or its employees to discover and remedy the condition.

By Robert S. Kelner and Gail S. Kelner

12 minute read

November 28, 2007 | New York Law Journal

Robert S. Kelner, senior partner at Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, review the procedures for and limitations on videotaping and videoconferencing of depositions, which provides the attorney the ability to convey to the jury the testimony of the witness with all its nuances and cadences.

By Robert S. Kelner and Gail S. Kelner

13 minute read

September 23, 2008 | New York Law Journal

Robert S. Kelner, senior partner at Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write that a persistent issue in cases regarding falling objects has been whether liability under Labor Law §240(1) is strictly limited to objects in the process of being hoisted or secured or whether it also includes objects which require securing for the purposes of the undertaking at the time they fell.

By Robert S. Kelner and Gail S. Kelner

13 minute read

September 27, 2005 | New York Law Journal

Robert S. Kelner, senior partner at Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, review the turmoil over the right of undocumented aliens to recover lost earnings in tort actions under New York law as evidenced in recent decisions by the appellate divisions of the First and Second Departments.

By Robert S. Kelner and Gail S. Kelner

13 minute read

March 25, 2010 | New York Law Journal

Robert S. Kelner, the senior partner at Kelner & Kelner, and Gail S. Kelner, an attorney with the firm, examine recent case law with respect to the judicial interpretation of what constitutes an alteration under Labor Law §240(1).

By Robert S. Kelner and Gail S. Kelner

14 minute read

March 14, 2002 | New York Law Journal

HERE HAVE been significant verdicts in New York in 2001. The average verdicts, at least in certain areas, such as medical malpractice, have risen significantly in the last few years. However, any analysis of recoveries in personal injury actions would be incomplete without examining the significant role of the judiciary in reviewing these verdicts.

By Robert S. Kelner And Gail S. Kelner

16 minute read

February 25, 2002 | New York Law Journal

T he dogs of our childhood were poodles, cocker spaniels and collies. Someho w, they have evolved into pit bulls, rottweilers and Presa Canarios. It is thus not surprising that there have been many incidents in the news lately about brutal attacks by dogs. Recently, we were all shocked and saddened by the savage attack which resulted in the death of Diane Whipple in California. She was killed by a vicious dog described as a member of a breed known as Presa Canario, which had allegedly been bred and trained

By Robert S. Kelner And Gail S. Kelner

15 minute read

March 24, 2009 | 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 a 2006 U.S. Supreme Court ruling reshaped the law governing Medicaid liens asserted against recoveries in personal injury cases. In New York, they note, before Ahlborn, public agencies could potentially recover the entire value of their asserted Medicaid liens, even if the plaintiff had only obtained a limited recovery.

By Robert S. Kelner and Gail S. Kelner

12 minute read

May 26, 2009 | New York Law Journal

Robert S. Kelner, the senior partner at Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write: It is the time of year for exuberant graduation parties, backyard barbecues and summer festivities. Unfortunately, these joyous occasions often provide a venue for our youth to celebrate the season with impermissible libations, which can lead to both injury to innocent victims and liability for the host who either furnished the alcohol or knowingly allowed the consumption of it.

By Robert S. Kelner and Gail S. Kelner

14 minute read

January 23, 2007 | 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 is lamentable that it is apparently more cost-effective to lose a few anonymous workers than to ensure a safe workplace. Sanctions and stringent enforcement of workplace safety rules have never been more urgently needed to stem the tide of worker death and injury. Those in control of the workplace should not be allowed to operate "on the cheap" in the state of New York.

By Robert S. Kelner and Gail S. Kelner

13 minute read