Gail S Kelner

March 22, 2011 | New York Law Journal

In their Trial Practice column, Robert S. Kelner, the senior partner at Kelner & Kelner, and Gail S. Kelner, an attorney at the firm, discuss Vehicle and Traffic Law �1104, which has been the subject of several major Court of Appeals decisions, and analyze "reckless disregard" and the "right of way" to determine when emergency vehicles are subject to liability.

By Robert S. Kelner and Gail S. Kelner

12 minute read

May 27, 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 determining who is an "owner" and therefore required to provide specified protections to workers under Labor Law §240(1) and §241(6) has been the subject of major decisions by the Court of Appeals, which have analyzed the circumstances under which an absentee or out-of-possession landowner will be held liable for a statutory violation. Recently, in Sanatass v. Consolidated Investing Co., the Court addressed the liability of an out-of-possession landlord where the activity giving rise to injury was performed without a landlord's knowledge and in violation of a lease provision.

By Robert S. Kelner and Gail S. Kelner

13 minute read

March 21, 2006 | New York Law Journal

Robert S. Kelner, senior partner at Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write that the Court of Appeals in Balbuena v. IDR Realty LLC affirmed the general right for undocumented aliens to pursue lost earnings in the absence of proof of false documents, but left significant issues open for future resolution by the courts.

By Robert S. Kelner and Gail S. Kelner

13 minute read

March 22, 2005 | New York Law Journal

Robert S. Kelner, senior partner in the firm of Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write that the New York courts have consistently upheld the rule that when official governmental action involves the exercise of discretion, a municipality is not liable for the damages caused by its negligent acts.

By Robert S. Kelner And Gail S. Kelner

12 minute read

May 24, 2011 | New York Law Journal

In their Trial Practice column, Robert S. Kelner, senior partner at Kelner & Kelner, and Gail S. Kelner, an attorney with the firm, analyze a widely cited 2009 Court of Appeals decision, notable for construing the Scaffold Law more expansively than some of the other relatively recent decisions of this Court.

By Robert S. Kelner And Gail S. Kelner

13 minute read

November 21, 2006 | New York Law Journal

Robert S. Kelner, the senior partner of Kelner and Kelner, and Gail S. Kelner, an attorney at the firm, write that exclusive control of the agency or instrumentality causing the accident, one of the three essential elements that must be established to make out a prima facie case of negligence under the doctrine of res ipsa loquitur, has been a thorny issue where the injury-causing instrumentality was accessible to parties other than the defendant.

By Robert S. Kelner and Gail S. Kelner

13 minute read

July 27, 2004 | New York Law Journal

Robert S. Kelner, a senior partner with Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write that prior to a 1996 amendment to CPLR 3212(a), motions for summary judgment could be made at any time, even on the eve of trial. Times have changed ...

By Robert S. Kelner And Gail S. Kelner

12 minute read

November 22, 2005 | New York Law Journal

Robert S. Kelner, a senior partner of Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write that the courts have held that the employer's obligation to provide a safe workplace is inseparable from the duties owed by the employer to its employees by reason of ownership of the property. It is not uncommon, especially in actions arising out of construction accidents, to be confronted with interrelationships between the landowner, a potential defendant, and the employer of the injured party.

By Robert S. Kelner and Gail S. Kelner

13 minute read

July 18, 2006 | New York Law Journal

Robert S. Kelner, senior partner at Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, review cases illustrating the doctrine of respondeat superior, under which an employer may be held vicariously liable for both intentional torts and negligent acts committed by its employee within the scope of employment.

By Robert S. Kelner and Gail S. Kelner

12 minute read

May 24, 2005 | New York Law Journal

Robert S. Kelner, senior partner with Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write that the Court of Appeals has raised the bar for proof of "serious injuries" in automobile accident cases in its recent decision in Pommells v. Perez, which resolved three actions consolidated for appeal.

By Robert S. Kelner and Gail S. Kelner

12 minute read