Gail S Kelner

January 30, 2023 | New York Law Journal

It is clear that there are issues which may arise with respect to the scope of the waiver of the physician-patient privilege in personal injury and medical malpractice actions which require scrutiny when pertinent pleadings are prepared.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

13 minute read

November 21, 2022 | New York Law Journal

Companies like Uber and Lyft have buried arbitration clauses in their terms of service, and then invoked them when sued by their passengers. For this reason, it is important that personal injury attorneys have some basic fluency in the principles that apply when courts are asked to evaluate when a case can or should be sent to arbitration.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

12 minute read

September 26, 2022 | New York Law Journal

It is a good time to re-examine some of the important rules that have governed and continue to govern the manner in which an action moves forward.

By Robert S. Kelner and Gail S. Kelner

12 minute read

July 25, 2022 | New York Law Journal

There is a divergence between the jurisprudence of the First and Second Departments of the Appellate Division on what would seem to be a basic issue: When can a landlord be held liable for a targeted attack by an assailant against a particular tenant?

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

14 minute read

May 23, 2022 | New York Law Journal

In 'Ferreira v. City of Binghamton', the Court of Appeals addressed the applicability of the special duty rule to a case brought by a person shot by police during a no-knock entry of a residence. Even though all seven judges agreed that the plaintiff should be allowed to recover, the case produced two sharply divided opinions and augured further such divisions in future cases.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

15 minute read

March 21, 2022 | New York Law Journal

This column discusses issues and decisions involving new Rule 22 NYCRR 202.8-g, which requires that summary judgment motions, in addition to the customary submission of affirmations, evidence and memoranda of law, now also be accompanied by a concise Statement of Material Facts, setting forth the material facts as to which the moving party contends there are no triable issues, with citations to evidence in the record.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

13 minute read

November 22, 2021 | New York Law Journal

Whether videos are from security surveillance cameras maintained by a party to the litigation, or a neighboring property or business, municipal traffic cameras, or dashboard videos from nearby vehicles, they can override the usual issues of party or witness credibility and substantially impact the assessment of liability.

By Robert S. Kelner and Gail S. Kelner

12 minute read

September 27, 2021 | New York Law Journal

In this edition of their Trial Practice column, Robert S. Kelner and Gail S. Kelner explore the concept of tort liability arising from what is referred to as "launching an instrument of harm."

By Robert S. Kelner and Gail S. Kelner

13 minute read

July 26, 2021 | New York Law Journal

The application of longstanding principles of law to new contexts has sometimes led to conflicting results. That is evident in a recent decision in which the First Department examined what constitutes a properly subscribed writing under CPLR 2104 so as to constitute a binding stipulation when it is transmitted in an email. In this edition of their Trial Practice column, Robert Kelner and Gail Kelner discuss the decision, which is at odds with the conclusion of the Second Department in an earlier decision.

By Robert S. Kelner and Gail S. Kelner

13 minute read

March 22, 2021 | New York Law Journal

In their Trial Practice column, Robert Kelner and Gail Kelner discuss New York's zone of danger rule, which imposes liability for the infliction of emotional distress arising from the observation of harm to a third person and "has always been a strained doctrine under New York law." The discuss the rule in light of a recent Court of Appeals decision.

By Robert S. Kelner and Gail S. Kelner

13 minute read