Robert S Kelner Gail S Kelner

July 22, 2024 | New York Law Journal

Often, 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

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

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 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

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

Historically, 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

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

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 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

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