September 23, 2024 | New York Law Journal
Back to Basics: Constructive Notice Looked at From Both Sides"It is not enough for a defendant merely to point to its general cleaning or inspection practices," write Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner.
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner
13 minute read
July 22, 2024 | New York Law Journal
Tips on How To Do a Structured SettlementOften, when larger personal injury or wrongful death cases are resolved, the plaintiff's counsel will be asked "Would your client be interested in a structured settlement?" The purpose of this article is to assist counsel in understanding structured settlements and how to avoid certain pitfalls.
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner
10 minute read
May 24, 2024 | New York Law Journal
Filing a Late Notice of Claim: 'Jaime v. City of New York'The Court of Appeals recently handed down a significant decision regarding the requirements a petitioner must meet when making a motion for leave to file a late notice of claim: 'Jaime v. City of New York'. This article discusses the background of the case and its potential significance for injured parties.
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner
13 minute read
March 25, 2024 | New York Law Journal
Labor Law §241(6): 'Bazdaric v. Almah Partners'Unlike Labor Law §240(1), Labor Law §241 (6) is not self executing. Plaintiff must show that a violation of a concrete specification under a provision of the New York Industrial Code was a proximate cause of injury in order to impose liability under §241(6).
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner
13 minute read
January 22, 2024 | New York Law Journal
The Doctrine of Relation Back: 'Nemeth v. K-Tooling'The doctrine of relation back has generated a substantial body of case law. It was recently re-examined at the end of 2023 by the Court of Appeals in 'Nemeth v. K-Tooling', resulting in important clarification of ambiguities in the three-pronged analysis which have arisen over time.
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner
12 minute read
November 27, 2023 | New York Law Journal
Recent Litigation Under Labor Law Section 241(6)Labor Law §240(1) and Labor Law §241(6) are important statutes in providing protection to workers engaged in a broad range of construction, demolition and other tasks. However, the two statutes are significantly different in their scope and proof.
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner
12 minute read
September 25, 2023 | New York Law Journal
Applying 'Runner' and 'Wilinski' Principles Under Labor Law 240(1) to Trench Cave-InsHistorically, cases involving the collapse of in ground trenches have been difficult as earlier judicial decisions tended to exclude them from analysis under Labor Law §240(1). However, the 'Rivas' case gave this issue a fresh and incisive examination with a very different result.
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner
11 minute read
July 26, 2023 | New York Law Journal
Resolution of the Departmental Conflict on Negligent Security: 'Scurry v. NYCHA'In its seminal cases on negligent security, the Court of Appeals approached its analysis by applying the same general principles that apply to any tort case. As in any such case, foreseeability and proximate cause are significant elements.
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner
10 minute read
May 23, 2023 | New York Law Journal
Primary Assumption of Risk Reexamined: 'Grady v. Chenango Valley Central School District'That the courts are still struggling to reconcile the scope of primary assumption of the risk with principles of comparative negligence is readily apparent in the recent Court of Appeals decision in Grady v. Chenango Valley Central School District, where a consolidated appeal examining primary assumption of the risk in two actions resulted in different results and a dissent in each.
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner
14 minute read
March 27, 2023 | New York Law Journal
The Need for the Grieving Families Act: Antiquated Statute Should Be RevisedThe inability of a domestic/life partner to make a claim for the wrongful death of his or her partner for lack of a marriage certificate is heartbreaking. Our antiquated statute desperately needs revision.
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner
12 minute read