Robert S Kelner

July 24, 2007 | New York Law Journal

Robert S. Kelner, the senior partner at Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write that the mandatory disclosure of high-low agreements in multidefendant cases and the broad discretion delegated to the trial courts as to the manner in which these agreements will impact the trial may be perilous to the parties involved.

By Robert S. Kelner and Gail S. Kelner

12 minute read

November 30, 2010 | 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, write that an agency of government is not generally liable for the negligent performance of a governmental function unless there existed a special duty to the injured person, in contrast to a general duty owed to the public.

By Robert S. Kelner and Gail S. Kelner

12 minute read

May 22, 2007 | New York Law Journal

Robert S. Kelner, the senior partner in the firm of Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, examine some of the factors to be evaluated in determining whether a summary judgment motion under the traffic law may succeed. There does seem to be a relatively recent judicial trend of granting summary judgment in fact patterns where the courts traditionally found only questions of fact.

By Robert S. Kelner and Gail S. Kelner

14 minute read

July 26, 2005 | New York Law Journal

Robert S. Kelner, a senior partner in the firm of Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write that under New York case law, the owners of domestic animals will be held strictly liable for the harm caused by such animals as a result of these propensities if plaintiff proves (1) that the animal had prior "vicious propensities" and (2) that the defendant, usually the owner of the animal, knew or was chargeable with knowledge of those vicious propensities.

By Robert S. Kelner and Gail S. Kelner

13 minute read

January 25, 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 whether a plaintiff has met the "threshold" burden of showing that a serious injury has been sustained in a motor vehicle accident under Insurance Law �5101(d) continues to be the subject of voluminous litigation.

By Robert S. Kelner and Gail S. Kelner

12 minute read

January 26, 2010 | New York Law Journal

Robert S. Kelner, senior partner at Kelner & Kelner, and Gail S. Kelner, an attorney with the firm, discuss Labor Law §240(1), which the Court of Appeals recently re-examined in a constructive and flexible manner, holding that the relevant inquiry was whether the harm flowed directly from the application of the force of gravity to the object. Recent Appellate Division decisions have similarly shown broader latitude in addressing statutory liability for falling objects.

By Robert S. Kelner and Gail S. Kelner

13 minute read

November 25, 2008 | New York Law Journal

Robert S. Kelner, the senior partner at Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, discuss two recent decisions of the Appellate Division, Second Department, that examined the applicable standards to determine the imposition of liability upon one- and two-family homeowners under Labor Law �200.

By Robert S. Kelner and Gail S. Kelner

14 minute read

July 22, 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 there is an urgent need to review and expand the law in New York with respect to the imposition of civil liability for injuries arising from animal behavior. A recent decision of the Appellate Division, Second Department is an intelligent and progressive analysis, they say, but, unfortunately, it has been decided against the backdrop of a very restrictive body of New York case law.

By Robert S. Kelner and Gail S. Kelner

14 minute read

July 22, 2002 | New York Law Journal

R ECENT DECISIONS analyzing whether plaintiffs have met their burden of showing a "serious injury" under the No Fault Law (Insurance Law �5102(d)) rely heavily upon numerical data quantifying a percentage degree of loss.

By Robert S. Kelner And Gail S. Kelner

12 minute read

May 24, 2002 | New York Law Journal

T he headline of the lead article on page 1 of The New York Times on May 16, 2002 was "Bush Was Warned Bin Laden Wanted to Hijack Planes Report Came in August." And, according to Newsday (May 16, 2002, page A16), "President George W. Bush was told by U.S. intelligence in advance of the September 11 attacks of a possibility that Osama bin Laden`s terrorist network might hijack American airplanes, prompting the administration to issue a private warning to federal agencies, the White House acknowledged last n

By Robert S. Kelner and Gail S. Kelner

8 minute read