Gail S Kelner

September 22, 2015 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner write that while in many cases it is sufficient to hold a vehicle owner statutorily responsible under VTL §388 for loaning his or her vehicle to an unfit driver, there may be occasions where there is an adequate foundation for the common law claim of negligent entrustment, which may allow proof to be introduced at trial as to the dangerous propensities of the operator not admissible under §388.

By Robert S. Kelner and Gail S. Kelner

12 minute read

September 21, 2015 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner write that while in many cases it is sufficient to hold a vehicle owner statutorily responsible under VTL §388 for loaning his or her vehicle to an unfit driver, there may be occasions where there is an adequate foundation for the common law claim of negligent entrustment, which may allow proof to be introduced at trial as to the dangerous propensities of the operator not admissible under §388.

By Robert S. Kelner and Gail S. Kelner

12 minute read

July 28, 2015 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner review several of the most common legal issues that arise in personal injury cases alleging defective or unsafe roadways.

By Robert S. Kelner and Gail S. Kelner

12 minute read

July 27, 2015 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner review several of the most common legal issues that arise in personal injury cases alleging defective or unsafe roadways.

By Robert S. Kelner and Gail S. Kelner

12 minute read

May 26, 2015 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner of Kelner and Kelner discuss the permissible scope of a notice to admit and the safeguards the statute provides if a demand contains improper items.

By Robert S. Kelner and Gail S. Kelner

12 minute read

May 22, 2015 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner of Kelner and Kelner discuss the permissible scope of a notice to admit and the safeguards the statute provides if a demand contains improper items.

By Robert S. Kelner and Gail S. Kelner

12 minute read

March 24, 2015 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss the "zone-of danger" rule, under which New York law permits a cause of action to be brought for damages arising from the negligent infliction of emotional distress to a bystander who is exposed to "an unreasonable risk of bodily harm" in an accident when he or she witnesses a family member being injured or killed.

By Robert S. Kelner and Gail S. Kelner

13 minute read

March 23, 2015 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss the "zone-of danger" rule, under which New York law permits a cause of action to be brought for damages arising from the negligent infliction of emotional distress to a bystander who is exposed to "an unreasonable risk of bodily harm" in an accident when he or she witnesses a family member being injured or killed.

By Robert S. Kelner and Gail S. Kelner

13 minute read

January 27, 2015 | New York Law Journal

In their Trial Practice column, Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner survey several of the most common concepts and issues that arise in cases where a wrongfully convicted individual seeks compensation.

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

13 minute read

January 26, 2015 | New York Law Journal

In their Trial Practice column, Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner survey several of the most common concepts and issues that arise in cases where a wrongfully convicted individual seeks compensation.

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

13 minute read