Gail S Kelner

January 25, 2021 | New York Law Journal

Despite the clear dictates of 'Ahlborn' and 'Wos', practitioners in personal injury cases continue to face a difficult practical choice when dealing with social service agencies which intransigently refuse to follow federal law and the U.S. Supreme Court's binding precedents.

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

14 minute read

November 23, 2020 | New York Law Journal

In a recent case, the Court of Appeals considered the extent to which it is necessary to show that an animal had vicious propensities to recover from a property owner—there, a veterinary clinic—that did not own the animal. The case produced two dueling opinions, which revealed sharp differences in approach among the judges and portends significant future divisions on the court in animal liability cases.

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

13 minute read

September 21, 2020 | New York Law Journal

In their Trial Practice column, Robert Kelner and Gail Kelner discuss the importance of the judicial role in overseeing transactions to protect consumers as well as some of the considerations for attorneys in constructing a settlement in a personal injury action that includes not only cash but future annuity payments.

By Robert S. Kelner and Gail S. Kelner

12 minute read

July 27, 2020 | New York Law Journal

In their Trial Practice column, Robert Kelner and Gail Kelner discuss the expanding use of electronic filing and videoconferencing, pretrial and post-trial proceedings and appeals via Zoom or Skype.

By Robert S. Kelner and Gail S. Kelner

12 minute read

May 22, 2020 | New York Law Journal

COVID-19 has largely precluded the courts from conducting routine operations in the ways they ordinarily would. Because of these challenges, the New York State government and court system have had to implement a number of measures to account for the "new normal" we are facing. In their Trial Practice Column, Robert Kelner, Gail Kelner and Joshua Kelner review some of the most significant of these measures, and offer some of our thoughts about what to expect as we go forward.

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

12 minute read

January 27, 2020 | New York Law Journal

In their Trial Practice column, Robert Kelner and Gail Kelner discuss the Second Department's recent decision in 'Castro v. Malia,' which they hope will clarify and correct the assumption trial lawyers have that most cases in the Second Department will be bifurcated.

By Robert S. Kelner and Gail S. Kelner

13 minute read

September 20, 2019 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss the significant split that exists between the First and Second Departments as to whether claims for "loss of enjoyment of life" will result in an expanded waiver of the physician-patient privilege and allow defendants to obtain medical records with respect to treatment for prior unrelated injuries or conditions not directly at issue in the lawsuit.

By Robert S. Kelner and Gail S. Kelner

12 minute read

July 29, 2019 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss a spate of decisions arising out of the use of nonlegal observers at defense physical examinations, which culminated with a recent decision of first impression on this issue by the Appellate Decision, First Department, in 'Markel v. Pure Power Boot Camp'.

By Robert S. Kelner and Gail S. Kelner

12 minute read

May 20, 2019 | New York Law Journal

In their Trial Practice column, Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner discuss the meaning and impact of a recent CPLR amendment which makes Internet mapping services like Google Maps a part of a practitioner's arsenal when litigating personal injury matters.

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

10 minute read

March 25, 2019 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss the newly-passed Child Victims Act, which not only extends the statute of limitations, but dispenses with the requirement to file a notice of claim against various municipal entities for the specific sexual offenses enumerated in the Act.

By Robert S. Kelner and Gail S. Kelner

14 minute read