Firm Operations Continue Uninterrupted During the Coronavirus. Click for More Information ›

Articles

The National Law Journal Article In addition to successfully representing plaintiffs in a variety of personal injury and medical malpractice matters, the attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf are sought out by the legal community for their expertise--our lawyers have written articles in many scholarly journals and have taught continuing legal education courses at a number of prestigious institutions. The following are examples:

Motor Vehicle Accident
  • "Joint and Several Liability and the Interplay of CPLR Art. 16- Motor Vehicle Accidents,", New York State Bar, 1998, Rhonda E. Kay
Construction Accidents & Labor Law
  • "Personal Injury Litigation-Workplace Related Injuries", New York State Bar Association, 1993, Anthony Gair
  • "Personal Injury Litigation Under the Safe Place to Work Statutes", New York State Bar Association, 1991, Anthony Gair
  • "Recalcitrant Worker and Sole Proximate Cause-The Current State of Labor Law Section 240", ew York State Bar Association, Trial Lawyers Section Digest, Fall 2008, Howard Hershenhorn and Anthony H. Gair
  • "Construction Site Accidents: The Law and the Trial", New York State Bar Association, Trial Lawyers Section Digest, Fall 2008, Contributing Author: Howard Hershenhorn, Anthony H. Gair and Christopher L. Sallay
Defective Products & Product Liability
  • "Combat Culpable Conduct Defense by the Defendant's Design Engineer", Leader's Product Liability Law and Strategy, Vol. XVII, No. 12, June 1999, Anthony Gair and Howard S. Hershenhorn
  • "Preparing Plaintiff's Expert in the Post Kumho Era", New York State Bar Association, 1999, Anthony Gair
  • "Motions in Limine in New York Products Liability Litigation", Products Liability in New York, New York State Bar Association, 1998, Howard Hershenhorn & Loren H. Brown
  • "Fen-Phen: Discovery from the Manufacture and Evaluation of the Potential Plaintiff's Case", "Fen-Phen: Medical Aspects & Potential Liability", Law Journal Seminars-Press, 1998, Howard Hershenhorn
  • "Decisions 2000-2001: Products Liability," New York State Trial Lawyers Institute, 2001, Rhonda E. Kay
  • "Culpable Conduct/Comparative Fault Issues as Applicable to a Products Liability Case", Products Liability in New York, Strategy and Practice, New York State Bar Association, 1997, 2002 Supplement, Anthony Gair and Rhonda E. Kay
  • "New Frontier in Products Liability", New York Law Journal, September 16, 1996, Anthony Gair and Howard S. Hershenhorn
Medical Malpractice
  • Trial of an Obstetrical Malpractice Case, Stephen Mackauf
  • Failure to Diagnose Fetal Distress, Stephen Mackauf
  • Failure to Diagnose Cancer Advanced Medical Malpractice Trial Techniques, Stephen Mackauf
  • "The Impact of Arons: A Look at the Court of Appeals Decision to Allow Ex Parte Interviews of Treating Doctors and Where We Go from Here", Bill of Particulars-New York State Trial Lawyers Institute, Spring 2008, Jeffrey Bloom & Richard Steigman & Ben B. Rubinowitz
  • "Prep is Key to Cross-Exam of Examining Medical Witness", New York Law Journal, May 29, 2008, Ben B. Rubinowitz & Evan Torgan
  • "The Use of Authoritative Texts and Cross-Examination of Medical Experts", New York Law Journal, June 7, 2007, Ben B. Rubinowitz & Evan Torgan
  • "Handling the Failure to Diagnose Breast Cancer Medical Malpractice Case", Program chair/lecturer, New York State Bar Association, 2007, Jeffrey Bloom
  • "Prescription for Improving the Way Health Care and Legal Systems Deal with Unanticipated Outcomes in Medical Care", Association of the Bar of the City of New York, 2006, Jeffrey Bloom
  • "A HIPAA Primer", New York State Trial Lawyers Institute, Bill of Particulars, Winter 2006, Richard Steigman & Jeffrey Bloom & Ben B. Rubinowitz
  • "Medical Malpractice Study: Disproving Frivolous Myth", The National Law Journal, July 3, 2006, Jeffrey Bloom
  • "Harvard Study Ends Myth of Frivolous Malpractice Suits", New York Law Journal, May 26, 2006, Jeffrey Bloom
  • "Medical Malpractice Litigation", New York State Bar Association, 2005, Jeffrey Bloom
  • "Erb's Palsy Cases: A Plaintiff's Perspective" in Obstetric Malpractice, 2003 and 2004, Stephen Mackauf
  • "Voir Dire in Medical Negligence Cases: A Plaintiff's Perspective", New York Law Journal, December 30, 2004, Ben B. Rubinowitz & Evan Torgan
  • "The Cross-Examination of the Radiologist in a Soft Tissue Case,", New York Law Journal, November, 2003,  Ben B. Rubinowitz & Evan Torgan/li>
  • "Women's Health Issues and Malpractice", Program Chair/lecturer, New York State Bar Association, 2003, Jeffrey Bloom
  • "Cross-Examination of Medical Doctors: Recurrent Themes,", New York Law Journal, May, 2003, Ben B. Rubinowitz & Evan Torgan
  • "Proving Medical Malpractice by a Physician Who Performs Elective Plastic Surgery", Medical Malpractice Law and Strategy, Vol. XX, No. 2, December 2002, Anthony Gair
  • "Proving Dental Malpractice in a Case of Osteoradionecrosis Following Tooth Extraction", Medical Malpractice Law & Strategy Vol. XIX, No.8, June 2002, Anthony Gair
  • "Orthopedic Malpractice: Failure to Diagnose Injury to Popliteal Artery", Medical Malpractice Law & Strategy, Vol. XVIII, No. 9, 2001, Anthony Gair
  • "Controversies in Surgery", Vol. 4, Springer-Verlag, 2001, Contributing Author: Anthony Gair
  • "Advanced Medical Malpractice Trial Techniques", Law Journal Seminar, 2000, Stephen Mackauf
  • "Cosmetic Surgical Malpractice: Loss of Vision following Blepharoplasty", Medical Malpractice Law and Strategy, 2000, Anthony Gair
  • "Chemotherapy: Failure to Properly Treat Extravasation of Doxorubicin", Medical Malpractice Law and Strategy, Vol. XVIII, No.10, August 2000, Anthony Gair
  • "Neurologic Malpractice: The Perspective of A Patient's Lawyer", Neurologic Clinics, May 1999, Stephen Mackauf
  • "Is It Necessarily Malpractice: Failure to Revise Shunt in Hydrocephalus Patient", Medical Malpractice Law and Strategy, Vol. XVI, No. 5, March, 1999, Anthony Gair
  • "Failure to Diagnose Fetal Distress," Trial, September 1999, Stephen Mackauf
  • "Failure to Diagnose Breast Cancer", Law Journal Seminars-Press 1993 to 1999, Robert Conason
  • "Failure to Diagnose Breast Cancer: The Trial", Law Journal Seminars-Press, 1998, 2000, Jeffrey Bloom
  • "Prosecuting a Case of Failure to Diagnose Compartment Syndrome", Medical Malpractice Law and Strategy, Vol. XV, No. 12, October 1998, Anthony Gair
  • "Failure to Diagnose Breast Cancer: The Trial", Law Journal Seminars, 1998 & 2000, Stephen Mackauf
  • "Responding to Defenses in Erb's Palsy Cases", Trial, 1998, Stephen Mackauf
  • "Fen-Phen: Medical Aspects and Potential Liability", Law Journal Seminars-Press, 1998, Stephen Mackauf
  • "Deposition of the Defendant in Medical Malpractice Cases", Medical Malpractice Litigation, New York State Bar Association, 1994, 1996, 1999 and 2001, and in Prosecuting and Defending Medical Malpractice Claims, New York State Bar Association, 2003 and 2007, Stephen Mackauf
  • "Medical Cross-Examination - Refusal to Recognize Medical Authorities", Advanced Negligence Trial Strategy, Practising Law Institute, Robert Conason
  • "Sample Direct Examination of a Medical Expert (Psychiatrist)", Modern Trends in Medical Malpractice, Practising Law Institute, Robert Conason
  • "Failure to Diagnose Cancer", Law Journal Seminars-Press, 1991 & 1992, Stephen Mackauf
  • "Failure to Diagnose Breast Cancer", Law Journal Seminars-Press, 1993, 1995, 1998 & 1999, Stephen Mackauf
  • "Breast Implant Litigation", Law Journal Seminars-Press, 1992, 1993, Stephen Mackauf
  • "Failure to Diagnose Cancer", Law Journal Seminars-Press, 1991 and 1992, Robert Conason
  • "Failure to Diagnose Fetal Distress", Law Journal Seminars-Press, 1991, 1992, 1994, 1995, 1997, 1998, 1999 & 2001, Stephen Mackauf
  • "Trial of an Obstetrical Malpractice Case", Law Journal Seminars-Press, 1990 to 2001, Robert Conason
  • "Trial of an Obstetrical Malpractice Case", Law Journal Seminars-Press, 1990, 1993, 1994, 1996, 1997, 1999 & 2001, Stephen Mackauf
  • "Medical Malpractice: Trial of an Obstetrical and Neonatal Malpractice Case", Law Journal Seminars-Press, 1989-1990, Robert Conason
  • "Basic Medical Malpractice," Practising Law Institute, 1989, Stephen Mackauf
  • "Malpractice in the Emergency Room", Practising Law Institute, 1988 & 1992, Stephen Mackauf
  • "Medical Malpractice: Failures in Cancer Diagnosis & Treatment", Law Journal Seminars-Press 1987 and 1988, Robert Conason
  • "Failures in Anesthesia Care", Law Journal Seminars-Press, 1984-1986, Stephen Mackauf
  • "Obstetrical-Neonatal Malpractice and Brain Damage", Law Journal Seminars-Press, 1984-1986; Medical Malpractice, Federal Publications, 1985, Stephen Mackauf
  • "Advanced Medical Malpractice: Anesthesiology", General Surgery & Neurology, Practising Law Institute, 1983, Stephen Mackauf
  • "Failures in Obstetrical & Neonatal Care", Law Journal Seminars-Press, 1982, Co-Author: Stephen Mackauf
  • "Current Trends in Hospital Liability", Law Journal Seminars-Press, 1981, 1985-1988 & 1990, Stephen Mackauf
  • "Liability for Adverse Drug Reactions" and "Liability for Hospital Acquired Infections", Hospital Liability & Risk Management, Practising Law Institute, 1981, Stephen Mackauf
  • "How to Handle Orthopedic and General Surgery Malpractice Cases", Law Journal Seminars-Press, 1981, Stephen Mackauf
  • "Failure to Diagnose Breast Cancer: The Perspective of a Patient's Attorney", Handling the Failure to Diagnose a Breast Cancer Medical Malpractice Case, New York State Bar Association, 2007. Editor: Anatomy for Lawyers, New York State Bar Association, 1980 & 1981, Stephen Mackauf
  • "A Key to Medical Terminology", Trial Lawyers Quarterly 13:99, 1979, Stephen Mackauf
  • "Preparation for & Presentation to the Medical Review Panel", Hospital Liability, Practising Law Institute, 1979, Stephen Mackauf
  • "New York Law on Wrongful Birth Cases", New York Law Journal, November 9, 1978, Stephen Mackauf
  • "Recovery for Mental and Emotional Distress", New York Law Journal, March 25, 1976, Stephen Mackauf
  • "Birth Control and Malpractice", Trial Lawyers Quarterly 10:86, 1974, Stephen Mackauf
  • "Medical Texts for Cross-Examination & Reference", New Developments in Medical Malpractice, Practising Law Institute, 1974, Stephen Mackauf
General Publications
    Damages in Tort Actions Book
  • "Damages in Tort Actions", 7 Volumes, Matthew Bender, Robert Conason
  • "Getting the Picture: Using Exhibits Throughout a Trial", New York Law Journal, July 31, 2008, Ben B. Rubinowitz & Evan Torgan
  • "How to Try a Slip and Fall Case-The Basics,", New York State Bar, 2001, Rhonda E. Kay
  • "Decisions 1997-2011: Trial Practice", presented to the New York Trial Lawyers Institute, Rhonda E. Kay with Robert Conason
  • "Using Operative Terms From Jury Charge in Cross-Exam", New York Law Journal, July 26, 2007, Ben B. Rubinowitz & Evan Torgan
  • "Time Constraints and Weaknesses in Cases", New York Law Journal, August 29, 2007, Ben B. Rubinowitz & Evan Torgan
  • "Redirect Examination", New York Law Journal, November 2007, and Ben B. Rubinowitz
  • "New York Negligence", published by LexisNexis Matthew Bender, 2006, 2007, 2008, 2009, 2010, 2011, 2012, Rhonda E. Kay
  • "News Impeachment With a Prior Inconsistent Statement", New York Law Journal, January 6, 2006, Ben B. Rubinowitz & Evan Torgan
  • "Continuing to Try Your Case After the Summations", New York Law Journal, May 4, 2006, Ben B. Rubinowitz & Evan Torgan
  • "Introduction of Exhibits in Civil Cases", New York Law Journal, July 25, 2006, Ben B. Rubinowitz & Evan Torgan
  • "Common Mistakes and Simple Remedies", New York Law Journal, September 21, 2006, Ben B. Rubinowitz & Evan Torgan
  • "The Use of Hypothetical Questions as Weapons at Trial", New York Law Journal, October 31, 2006, Ben B. Rubinowitz & Evan Torgan
  • "Hypothetical Questions on Cross", New York Law Journal, December 29, 2006, Ben B. Rubinowitz & Evan Torgan
  • "Warren's Negligence in the New York Courts", 2005-to date, Robert Conason and Rhonda E. Kay
  • "Who's Up First? Issues Related to Order of Summation", New York Law Journal, October 25, 2005, Ben B. Rubinowitz & Evan Torgan
  • "Practical Skills: Basics of Civil Practice-The Trial", New York State Bar Association, 2005, Jeffrey Bloom
  • "The Virtue of Patience: Setting up the Expert Witness on Cross-Examination," New York Law Journal, July 27, 2005, & Ben B. Rubinowitz & Evan Torgan
  • "Obtaining Surveillance Films in Personal Injury Cases", Trial Lawyers Quarterly, 2004, Anthony Gair co-Authored with Warren Willinger
  • "Direct Examination of a Hostile Witness", New York Law Journal, May, 2004, Ben B. Rubinowitz & Evan Torgan
  • "Tips on Narrative Direct Examination", New York Law Journal, September, 2004, Ben B. Rubinowitz & Evan Torgan
  • "The Use of Photographs in Personal Injury Cases", New York Law Journal, July, 2004, Ben B. Rubinowitz & Evan Torgan
  • "Are the Courts Eroding the Jury's Peculiar Function to Evaluate Damages for Personal Injuries? A Plaintiff's Perspective", Association of the Bar of the City of New York, 2004, Rhonda E. Kay and Ben B. Rubinowitz
  • "Economic Testimony: From Lay Witness to Economist", New York Law Journal, July, 2003,  Ben B. Rubinowitz & Evan Torgan
  • "The Deposition as a Tool for Trial", New York Law Journal, September, 2003, Ben B. Rubinowitz & Evan Torgan
  • "Golden Rule Violations: Placing the Jury in the Shoes of Your Client", New York Law Journal, December, 2003, Ben B. Rubinowitz & Evan Torgan
  • "Practical Solutions for New York Lawyers", Lexis-Nexis 2003, Robert Conason
  • "The Freeze-Frame Technique: A Method for Exposing Key Points", New York Law Journal, November, 2002, Ben B. Rubinowitz & Evan Torgan
  • "Presentation of Damages in a Personal Injury Case - The Plaintiff's Perspective", New York State Bar Association, Trial Lawyers Section Digest, 2002, Anthony Gair and Howard S. Hershenhorn
  • "Cross-Examination: The Basics", New York Law Journal, July, 2002, Ben B. Rubinowitz & Evan Torgan
  • "The Voice of Reason: A Powerful Approach to Cross-Examination", New York Law Journal, August, 2002, Ben B. Rubinowitz & Evan Torgan
  • "The Trial", New York State Bar Association, 2002, Jeffrey Bloom
  • "Winning Trial Strategies for the Plaintiff" & "How to Try Damages", New York State Bar Association, Trial Lawyers Section Digest, Fall 2002, Howard S. Hershenhorn and Daniel A. Gair
  • "Discovery: More Than Just a Boilerplate Demand", "Practical Skills: Basic Tort and Insurance Law Practice", New York State Bar Association, Trial Lawyers Section Digest, Spring 2001, Howard S. Hershenhorn and Daniel A. Gair
  • "The Use of the Analogy During Trial", New York Law Journal, August, 2001, Ben B. Rubinowitz & Evan Torgan
  • "The Big Money Question: Dealing with Monetary Damages from Voir Dire to Summation", New York Law Journal, November, 2001, Ben B. Rubinowitz & Evan Torgan
  • "How to Commence a Civil Lawsuit", New York State Bar Association, 2001, Jeffrey Bloom
  • "Do or Die: The Vital Aspects of Your Case", New York State Bar Association, 2001, Anthony Gair and Howard S. Hershenhorn
  • "Sweating the Small Stuff - The Basics of Motions, Objections and Discovery", New York State Bar Association, 2000, Anthony Gair and Howard S. Hershenhorn
  • "Winning Your Case at the Deposition: Effective Tools for the Practicing Litigator", New York State Bar Association, 2000, Jeffrey Bloom
  • "Trial of a Negligence Case", Practising Law Institute, Robert Conason and Harry A. Gair
  • "Keeping Pace, A Guide For The Up-To-Date Litigator", Update on Automobile Cases, 1998, Ben B. Rubinowitz & Evan Torgan
  • "Keeping Pace: A Guide for the Up-to-Date Litigator", New York State Bar Association, 1998, Jeffrey Bloom
  • "How to Begin a Civil Action in New York State: A Roadmap Through Pre-Trial Discovery and Motion Practice", Practising Law Institute, 1998, Jeffrey Bloom
  • "Utilization of Adverse Witness on Plaintiff's Direct Case", Civil Trials, Law Journal Seminars-Press, Robert Conason
  • "Trial Practice", New York State Trial Lawyers Institute, 1997 to date, Robert Conason
Trial Advocacy

Trial Advocacy Column Ben B. Rubinowitz co-authors a regular column with his good friend and colleague, Evan Torgan, entitled, "Trial Advocacy," for the New York Law Journal, the daily newspaper for attorneys in New York State. The column discusses state of the art techniques required for successful outcomes at trial. Many of the actual articles are posted on this site.

Disclaimer: The law and legal rules are subject to continual revision and change. No attempt has been made to update this article to reflect pertinent changes or developments in the law, if any, since that date.

Client Reviews
★★★★★
"Very compassionate, very efficient and top rate! If you want a team of good lawyers that will not only work hard to win your case but knows how to listen and feel for you as a victim of medical malpractice, this firm is your only choice. Anthony Gair, was always there for us all throughout the case albeit the distance from NY to Manila! Words cannot express how thankful we are to him and his team. Thanks a million!" D.F.
★★★★★
"Everyone I communicated with at this firm made me feel like I was part of their family. My needs, feelings, and concerns were carefully considered and given the needed attention. My counselors were available whenever I needed them and became my personal friends. They came highly recommended and lived up to their reputation. I would recommend them to any of my friends without hesitation. This firm gives attorneys a "good name". Clients matter here. They made me feel like I mattered as a person, that I was valued, and not just a possible source of income for the firm. They earned their fees, and you will find that they will also earn your trust." N.W.
★★★★★
I met Diana Carnemolla and Howard S. Hershenhorn during the darkest time of our lives, when my husband was in a coma with very little chances to survive, due to a car accident. The compassion and professionalism that they showed myself and my family during such a difficult time combined with an incredible willingness to get the best results for us have shown us that we had made the absolute best choice. They not only fought extremely hard for what proved to be a very difficult case, but they also emotionally helped us through this incredible ordeal and have been a caring advocate for our family and our case. They got us the best results we could have expected given the circumstances and didn't give up when things got more challenging. We would absolutely recommend their Law Firm to handle the toughest of cases while providing such a great deal of personal support. Diana proved to be personally invested in our case ultimately seeking the best outcome for our family. We cannot thank them enough for what they have done for us. V.P.