Gail S Kelner

January 28, 2019 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss basic concepts with respect to tolling statutes of limitations for "insanity", how the term “insanity” has been defined by the courts, and when the toll may be applicable.”

By Robert S. Kelner and Gail S. Kelner

13 minute read

November 26, 2018 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss potential causes of action which may lead to recovery against a negligent innkeeper.

By Robert S. Kelner and Gail S. Kelner

12 minute read

September 24, 2018 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner write: In the fall, people's thoughts turn to—sports. Whether as a spectator or a participant, safety is important. It is essential to know if the playing field has more holes than the Mets' starting line up and whether an injury arising out of contact with such a defect is actionable.

By Robert S. Kelner and Gail S. Kelner

13 minute read

July 23, 2018 | New York Law Journal

In their Trial Practice column, Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner discuss a recent amendment to the CPLR, which expands the options for where a case may be venued.

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

2 minute read

May 21, 2018 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner write: In order to establish a prima facie case of liability arising out of a defective premises condition, a plaintiff must establish that defendant either caused and created a dangerous condition or had actual or constructive notice of it. Cases where it can be shown that defendants either had actual notice or caused and created the defect are generally easier to prove than those that require showing that a defendant had constructive notice.

By Robert S. Kelner and Gail S. Kelner

12 minute read

March 23, 2018 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss 'Forman v. Henkin' where the Court of Appeals addressed discovery of social media materials, rejecting the existing case law and instead finding that it should be governed by the same principles governing traditional discovery.

By Robert S. Kelner and Gail S. Kelner

13 minute read

November 27, 2017 | New York Law Journal

In this Trial Practice column, Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner discuss some of the case law governing the use of circumstantial evidence.

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

25 minute read

September 25, 2017 | New York Law Journal

Trial Practice columnists Robert S. Kelner and Gail S. Kelner write that even though the jury awards were reduced in the catastrophic 91st St. crane collapse case, the Appellate Division allowed very significant amounts for the decedents' preimpact terror as the giant crane collapsed, and for their conscious pain and suffering after sustaining catastrophic injuries. This decision should encourage more vigorous examination of damages for preimpact terror and conscious pain and suffering in future wrongful death cases.

By Robert S. Kelner and Gail S. Kelner

13 minute read

July 25, 2017 | New York Law Journal

In their Trial Practice column, Robert Kelner and Gail Kelner discuss 'O'Brien v. Port Authority,' where a divided Court of Appeals stepped into a battle of the experts in a construction site accident case. They conclude this to be a case narrowly limited to its facts and “not a game changer in any way.”

By Robert S. Kelner and Gail S. Kelner

12 minute read

May 22, 2017 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss a Court of Appeals decision that addressed the circumstances under which multiple landowners could be held liable for an accident on a sidewalk abutting the property of only one such owner.

By Robert S. Kelner and Gail S. Kelner

23 minute read