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BROOKLYN WOMAN FATALLY STRUCK IN CROSSWALK BY EMERGENCY VEHICLE
Posted by: William Gentile
December 15, 2009
Topic: Automobile Accidents

A woman in Brooklyn was killed by an ambulance early this morning. NY1 reports, "Sources say an emergency medical services vehicle struck a 80-year-old woman as she was standing in a crosswalk on Bay Parkway by the Belt Parkway just after 6 a.m. The ambulance was transporting a 100-year-old woman with stomach pains to Lutheran Hospital."

Assigning fault (legal liability) for a car accident is a matter of deciding who was negligent. In many cases, prompt investigation will reveal what rule or rules were violated - and by whom. In others, the answers may be harder to find such as where the design of a car or even of an intersection or road was the major cause of the wreck.

According to the National Highway Traffic Safety Administration (NHTSA) - a car accident happens to someone, somewhere in the United States, every 10 seconds of every day. Unfortunately, car accidents do not "just happen." In almost all cases, and especially in the most serious and deadly ones - someone is to blame.  Emergency vehicles do get certain protections under the law, however, those injured by emergency vehicles should contact an attorney as there are situations where the acts of the driver of a emergency vehicle can lead to liability.

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GODOSKY & GENTILE'S RICHARD ANCOWITZ INTERVIEWED REGARDING B&H EMPLOYMENT DISCRIMINATION SUIT
Posted by: William Gentile
December 03, 2009
Topic: Employment Discrimination

There was extensive media coverage of this lawsuit involving employees of the well known electronics outfit B&H Photo Video.  The links are below:

New York Times

Daily News

New York Post

A female cashier at B&H Photo Video has filed a lawsuit that claims the hiring and promotion practices at the store run by Hasidic Jews discriminates against women.  Here is a quote in the Daily News from Mr. Ancowitz:

"This is not a situation where women are relegated to back-of-the-bus status," lawyer Richard Ancowitz said yesterday. "This is a situation where women weren't allowed to ride on the bus."

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COURT OF APPEALS MAKES GROUNDBREAKING DECISION IN TENANTS RIGHTS
Posted by: William Gentile
October 22, 2009
Topic: Tenants Rights

From the New York Times:

The Court of Appeals dealt a financial blow on Thursday morning to the already beleaguered owners of the sprawling Stuyvesant Town and Peter Cooper Village complexes in Manhattan when it ruled that they improperly began charging market rents on thousands of apartments..The ruling by the state's highest court may mean that the current owner, a partnership of Tishman Speyer Properties and BlackRock Realty, and the former owner, Metropolitan Life, may have to pay an estimated $200 million in rent overcharges and damages to tenants of some 4,000 apartments.

The more important aspect of this decision is the effect it could have on thousands of tenants throughout the City whose rents were increased following deregulation. The Court held that because the developer received a J-51 tax break, it was not entitled to charge market-rate rents. The Court based its decision on its interpretation of the applicable statute; it held that the clear reading of the statute supports the conclusion that the tax break restricts the owner's ability to charge market-rate rents.

The Court was not persuaded by the developer's argument that this reading of the statute would result in economic calamity:

Defendants predict dire financial consequences from our ruling, for themselves and the New York City real estate industry generally. These predictions may not come true; they depend,among other things, on issues yet to be decided, including retroactivity, class certification, the statute of limitations, and other defenses that may be applicable to particular tenants.  If the statute imposes unacceptable burdens, defendants' remedy is to seek legislative relief.

This is a strong statement by the Court that the law - and not financial interests - is what guides its decisions.

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WALL COLLAPSED ON FOREMAN IN STATEN ISLAND
Posted by: William Gentile
February 12, 2009
Topic: Construction Accidents

A 59-year-old construction foreman, was laying down metal tracks when a wall collapsed on him early this morning in the Rosebank section of Staten Island. He was found unconscious and pronounced dead at the scene by EMS officials. Buildings Commissioner Robert LiMandri said that wind played a role in the wall collapse. Investigators are trying to determine whether Building Safety requirements were met.

Construction workers who were not associated with the Rosebank job but fled to the scene after hearing about the accident, said the wall appeared to be poorly built. "It was just a matter of time before that wall went down," said Terry Lane, who identified himself as a construction laborer with 29 years of experience. He said the wall didn't appear to be shored up the way it should have been. "If there was heavy wind, you would see it wobble. Safety is a very important thing when it comes to construction. I think it's a shame that anybody should be put in a position like this."

There are saftery regulations that require proper shoreing of walls at construction sites.  It seems that OSHA requirements were not met in this instance.  Very likely OSHA will be investigating this incident and the parties responsible for the site could be subject to penalties. 

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QUEENS MAN TRAGICALLY KILLED AND DRAGGED 17 MILES
Posted by: William Gentile
February 11, 2009
Topic: Automobile Accidents

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BROOKLYN MED MAL GUARDIAN ARRESTED
Posted by: Admin Admin
January 29, 2009
Topic: Medical Malpractice

Steven Rondos a New Jersey Lawyer is accused of stealing 4 million dollars from clients that ranged from handicapped children to the elderly, including one dead client whose bank accounts he supervised. The NY Times reports Mr. Rondos and his wife Camille Raia have a Law Firm in Brooklyn. So far no charges have been brought against Ms. Raia.

Mr. Rondos was appointed as a Guardian by the courts to manage money for children who were afflicted with cerebral palsy from medical malpractice as well as elderly people. Rondos used the money to make mortgage payments and renovate his New Jersey house, and to pay for landscaping and install a home theater, prosecutors said. Prosecutors have filed suit against both Ms. Raia and Mr. Rondos for more than $4.7 million, which includes the total amount that prosecutors say was stolen and the value of their law firm, Raia & Rondos. The money will be used to repay the victims or the estates that were assigned to Mr. Rondos.

Mr. Rondos was arrested Wednesday morning at his home in New Jersey and charged with money laundering, grand larceny and scheme to defraud. He was being held in New Jersey on Wednesday night and was expected to appear before a judge there on Thursday morning. If he waives extradition, he will be taken to Manhattan for arraignment. If convicted, he could spend up to 25 years in prison.

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TAX PAYERS DOLLARS WASTED AGAIN AT CITIGROUP
Posted by: William Gentile
January 26, 2009
Topic: Around the Town

Citigroup is continuing on with its purchase of a new, $50 million corporate jet according to the Post. The government last fall bailed out Citigroup to the tune of $45 billion. The banking giant announced it will cut up to 50,000 jobs and had a staggering $8.29 billion loss last quarter. The French-made luxury jet seats up to 12 in a plush interior with leather seats, sofas and a customizable entertainment center, according to Dassault's sales literature. Citigroup is trying to sell two of their Dassault 900EXs for 27 million each. These jets are only 10 years old! 

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HORRIFIC CHINADOWN ACCIDENT
Posted by: William Gentile
January 24, 2009
Topic: Automobile Accidents

A tragedy in Chinatown: One child is dead and others are injured after a minivan jumped a curb and struck them. The incident occurred around 38 east Broadway, near Catherine Street. WCBS 2 reports, "Police say the van apparently backed up onto the sidewalk, striking the children. At least two of the victims were pinned below the vehicle." Two of the victims were taken to NY Downtown Hospital. NY1 now says 14 people-10 children and 4 adults-were struck by the van. Two children are in critical condition and three children are in stable condition. Apparently a second child has died at the hospital. The children were in a day care program walking in a "daisy chain" with their adult chaperones. The children were walking from a library visit back to the Red Apple Child Development Center at 25 Market Street.

Apparently there was no driver in the van.  Some how the van accelerated after in reverse after the driver left the van.

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RICHARD GODOSKY QUOTED IN NEW YORK LAW JOURNAL ARTICLE REGARDING THE APPOINTMENT OF NORA ANDERSON
Posted by: William Gentile
December 23, 2008
Topic: Judicial Ethics

The full article can be found here.  Richard Godosky is considered an expert on legal ethics and has represented numerous individuals in New York State with regard to disciplinary proceedings.  He has been retained to represent Nora Anderson with regard to a disciplinary matter stemming from an indictment filed by the New York County District Attorney's Office.  Mr. Godosky argued in a letter sent to the Court of Appeals that Ms. Anderson should be allowed to take the bench as Surrogate of New York County on January 1, 2009 since she has only been charged, not convicted.  Moreover, the crimes with which she has been charged do not involve acts of venality or corruption.  Furthermore, Mr. Godosky noted that Ms. Anderson has pleaded not guilty and fully expects to be vindicated on all charges.

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PHARMACEUTICAL COMPANY LINKED TO GHOSTWRITING MEDICAL ARTICLES
Posted by: William Gentile
December 14, 2008
Topic: Products Liability

Wyeth, a major drug manufacturer, has been accused of paying ghostwriters to write favorable medical journal articles, according to the New York Times. Senator Charles Grasserly has been spearheading a Senate Committee investigation of drug company practices. His staff released these documents which they discovered mostly from civil lawsuits.

This is an important example of how the civil justice system exposes some of the most egregious acts of corporate malfeasance. From tobacco, to asbestos and numerous other public health issues, lawsuits have been one of the most effective ways to expose these dark tactics. The details of this particular case are disturbing. The article states:

documents show company executives came up with ideas for medical journal articles, titled them, drafted outlines, paid writers to draft the manuscripts, recruited academic authors and identified publications to run the articles - all without disclosing the companies' roles to journal editors or readers.

It is important to realize that this is an industry wide practice. This issue is particularly important in the context of lawsuits against drug manufacturers. Courts look at peer reviewed articles in evaluating whether a drugs side effects can be causally related to harms alleged in lawsuits. By stuffing peer reviewed journals with ghost written pieces that call into doubt studies linking a drug to harmful side-effects, these companies greatly increase the likelihood of immunizing themselves from lawsuits.

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