Joshua D 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

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

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

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

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

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