Under New York law, construction contractors and landlords of property where construction is ongoing are required to maintain certain safety standards and follow safety laws.

New York Labor Section 200 states that contractors, owners and their agents have a general obligation to provide a safe work environment for workers.

Labor Law Section 240 deals with the use of scaffolding, ladders, scissor lifts, and other devices used by workers “in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” but does not apply to routine maintenance such as changing a light bulb. Scaffolding must be [...]

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If you fall due to snow or ice, you may be able to bring a successful lawsuit to recover money damages. The important factors to consider are

1. Where did you fall? Certain areas are actionable under the law while other areas are more difficult or even impossible. For example, someone who fell on a sidewalk in front of a commercial premises on a Wed when it last snowed on a Sun may have a strong case because the landlord/ management should have cleaned the snow or ice in the 2-3 day time window. However, someone who fell on [...]

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The trial lawyers at Frekhtman & Associates recently scored a major victory by settling a car accident case for $100,000.00. Although the amount is not extraordinarily high, it is a significant result in light of the injuries sustained by the client and the current New York No Fault serious injury threshold law or Insurance Law 5102(d).  The client sustained bulging discs to his cervical spine after the accident and had about 3 months of treatment.  Usually such cases can be dismissed for lack of serious injury or failure to meet the minimal threshold needed under NY law. In this case [...]

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If you have been injured, it is vital to keep in touch with your attorney. An attorney is your representative who is handling all aspects of your personal injury claim. He or she must be “in the loop” and get constant updates on your medical treatment and other important facts.  In New York, a personal injury case filed in Court may take from 6 months to 2 years or more to resolve. During that time, you need to be in touch with your lawyer and your lawyer should be proactive and be in touch with you!

At Frekhtman & Associates, we [...]

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If you or someone you know have been injured as a result of a ceiling collapse, it is important to rememeber the following:

1. Take pictures of the ceiling immediately after the collapse to show the damage.

2. If you feel pain, go to the hospital. The Ambulance and sometimes the FDNY Fire Department respond to ceiling collapse calls.

3. If you complained about a leak, cracked ceiling, prior collapse, or similar complaint, find the letters, emails, or other proof of the prior complaints. Prior notice to the landlord or management of the building is a legal requirement. If you only complained over [...]

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Recently, on December 17, 2009, the Court of Appeals of the State of New York decided a case called Runner v. New York Stock Exchange, 2009 WL 4840213, NY Slip Op 09310 (2009). It clarified the state of the law with respect to construction accident or Labor Law cases where an object falls and comes into contact with a worker. These are commonly referred to as “falling object” cases.  The Court held that there is no strict requirement that the worker and the falling object make contact.  The proper question to ask is not whether the object hit the worker [...]

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An elderly man who was a patient in a nursing home in Brooklyn, New York filed a lawsuit against the nursing home for failing to properly treat and care for him.  Due to the nursing home’s negligence, the man sustained serious bed sores also known as decubitis ulcers. He needed surgery to debride the bed sores.  The New York medical malpractice lawyers at Frekhtman & Associates filed a lawsuit against the nursing home and settled the case while awaiting trial. The case was resolved for $325,000.00. New York’s Public Health Law 2801(d) allows a private cause of action against a [...]

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Many plaintiff’s attorneys are going to Albany, New York the State Capitol to address the legislature concerning the New York serious injury motor vehicle law also known as Insurance Law 5102(d) or the “threshold” law.  The New York State Trial Lawyers Association (NYSLTA) is attempting to change this law to avoid dismissal of cases with serious injuries.

The New York personal injury attorneys at Frekhtman & Associates will send a number of attorneys to participate in this effort.  We will also speak to clients whose cases were unfairly dismissed due to the threshold law.  Currently, Insurance Law 5102(d) has nine categories [...]

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The plaintiff was a warehouse workers who was assisting a large truck hooked to a tractor trailer that was backing up into a loading dock. The tractor trailer reversed into the loading dock improperly at a diagnol. The plaintiff banged on the side of the truck and yelled out to the driver to stop. The driver pushed the gas and moved his vehicle forward. This caused the rear tractor trailer door which was open at the time to catch on the side gate of the warehouse facility. The impact ripped the tractor trailer door off its hinges and caused it [...]

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The Brooklyn and Manhattan based New York accident and injury law firm opened a Bronx office in late 2009. The office is located at 653 East 189th Street just around the corner from the Department of Motor Vehicles (DMV) building. It is near Fordham University and the Bronx Zoo. The new location is staffed with Spanish speaking secretaries and has one attorney on staff at all times. In the last few months, the firm has seen a number of new clients in this office and looks forward to helping individuals in the Bronx, New York.

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