Published on:

On the Afternoon of March 20, 2015, a young man in his early 20’s was returning home from his job in Manhattan to his home in the Bronx.  Unfortunately, due to a tragic automobile accident he never made it home.  While legally walking on the sidewalk of the Grand Concourse, a green cab which was speeding lost control and jumped the sidewalk killing this young man.  Also killed in this tragic accident was a very young girl who was with her mother.  A third individual was also struck and was rendered brain damaged and remains in a nursing home to this date.

Soon after this tragic accident the family of the young man tragically killed retained Leav & Steinberg, LLP to represent them.  As we always do, a senior attorney from our firm went to meet the family at their home and was retained by the family.  The other injured parties also retained attorneys.  Leav & Steinberg, LLP immediately commenced a compete investigation.  Though our investigation we were able to determine that the City of New York may also bear some responsibility for the happening of this accident for failure to manage the ongoing roadwork which was occurring at the time of the accident.  We were also able to identify the base where the green cab was operating from and put them on notice of this tragic accident.

Leav & Steinberg, LLP commenced a lawsuit naming the Green Cab driver/owner, The Green Cab’s base, The TLC and The City of New York.  It is important to note that the other injured parties only named the Green Cab Driver in their lawsuit.

Published on:

Leav & Steinberg, LLP is pleased to report the resolution of a recent case.  Our client, after being unhappy with her first attorney, retained us to represent her.  She was employed as a Visiting Nurse and would have to travel to patient’s homes for consultation and evaluation for home nursing services.  On the date of accident, she was inside a building in the Bronx with a translator and security guard.   As the elevator went up, it suddenly stopped, and according to the client, then dropped and suddenly stopped short.   While her body was jostled about, she admitted that she did not fall to the ground.

She reported the accident to the building who in turn claim they checked it along with an elevator service company and the elevator was found to be working in normal order.   Our client, began feeling severe pain in her knee and back.   She was unable to return to work for a period of time and ultimately underwent surgery for a torn meniscus in the knee.  Furthermore, to treat her spine injury which involved her discs, she underwent a radiofrequency nerve ablation.  This procedure entails having a needle placed below the skin and with heat, the nerve is burned at the point it is impinged by the disc.  While the nerve will regenerate, the hope is that it will regenerate just slightly off the disc and relieve some of the pressure on the nerve.

When first retained, it became clear that our office would need to prove a history of problems with the elevator.  As our client, did not live in the building and did not know anyone there, partner Daniela Henriques, took the lead and began conducting an exhaustive search of the DOB (Department of Buildings).  Through her research and subpeonas we discovered a history of problems with the subject elevator.  This was the first part of her effort to prove liability and lock the defendant in to being responsible.   Under NY Law a party must exchange all work records, maintenance records and repair records.  Here the building owner, claimed that due to a flood, all records were destroyed and then the building was sold so any attempt at searching records would not reveal anything.  While this may sound good, it is the plaintiff’s burden to prove the defendant knew about the dangers with the elevator and took insufficient steps to remedy.  The fear is always that at trial or just before, suddenly the defendant will reveal records showing that the elevator was working and a recent, prior to accident, inspection revealed no problems.    Daniela Henriques, as partner and in charge of our Motion/Appeal department, she moved for an Order precluding the defendant from ever offering any evidence or testifying to anything regarding their reasonable maintenance of the elevator.   This motion was granted and put us in a position of strength.

Published on:

LEAV & STEINBERG, L.L.P. is proud to announce that LIANA COTTO has joined the firm as an Associate.  Liana’s’s bio is as follows:

Liana Cotto joined Leave & Steinberg LLP in June of 2018, bringing with her over 10 years of personal injury experience. She graduated from Baruch College in 2006, and obtained her law degree from New York Law School in 2016.  While in Law School, Liana worked at the law offices of Jay H. Tannenbaum in New York City.

Liana has successfully represented clients in a wide array of injury cases including slip and fall, motor-vehicle accidents, police brutality, and lawsuits against the City of New York.   She is admitted to practice in the State of New York.  Her passion for helping others has allowed Liana to develop her skills to vehemently advocate on behalf of her clients.

Published on:

LEAV & STEINBERG, L.L.P. is proud to announce that ANTIGONE CURIS has joined the firm as an Associate.  Antigone’s bio is as follows.

Antigone Curis was born in Brooklyn, New York. She received her Bachelor of Science in Business Administration with a concentration in Marketing and Management from Wagner College in 2011. Ms. Curis then received her J.D. from Quinnipiac University School of Law in 2014. As a law student at Quinnipiac University School of Law, she served as the President of the Criminal Law Society in her 3L year.

Prior to joining Leav & Steinberg, Ms. Curis served as an Assistant District Attorney at the Bronx County District Attorney’s Office from 2015 to 2018, prosecuting violent crimes. During her time at the Bronx County District Attorney’s Office, she conducted multiple trials both in Criminal and Supreme Court. Her passionate advocacy and litigation experience has allowed her to develop the skills necessary to represent client’s fiercely.

Published on:

When a Crane collapsed at a construction site in New York in 2008, many were quick to blame anyone and everyone involved in the project.  One such company was a Concrete Company who had leased a crane and was building the superstructure.  During the construction phase the crane malfunctioned and collapsed; killing two workers and injuring others.   The owner, the general contractor, the crane owner and the company using the crane, as well as others, were sued and brought suit against each other for various contractual breaches as well as for the personal injuries and wrongful death.  The Concrete Company, who was operating the crane, was forced to pay over $6 million dollars in delay damages early on, despite not being found responsible for the collapse or the damage up to that point.   The contract called for them to cover all damages regardless of fault.

After a lengthy trial, the jury exonerated the Concrete Company and found that the Crane owner and its principal had in fact been the sole proximate cause of the crane collapse.

The Concrete Company, having spent over a million dollars in legal fees defending itself for several years, sought out the firm of Leav & Steinberg, LLP.  They met with us and were advised that we would be willing to take on all efforts to recover what money they lost from the responsible Crane Owner.   Unfortunately, the Crane Owner then declared bankruptcy.

Published on:

image-6-300x235
During the construction phase of 1 World Trade Center, a 44 year-old laborer was caused to slip and fall from a ladder while working.  The ladder was supposed to be fixed with a kicker at the bottom and tied off at the top.  Though the client used the ladder during the morning work session without issue, he claimed that the kicker and tie-off were subsequently removed before he had his accident.  While on the ladder working at a height above, the ladder slipped and he fell approximately 15 feet.

He reported the incident at the scene and was taken home by a co-worker. He returned the next day but could not complete the tasks required of him.  He began to complain of pain to his neck and back.  The injured worker had prior back surgery but it was his position, which we supported with medical evidence and the fact that he returned to work for the last 10 years, that the prior injury had resolved and this new accident resulted in new complaints of pain.

The firm was retained and we immediately spoke with and secured several witnesses who saw the accident and/or the aftermath and would corroborate the client’s version.

Published on:

When you send your children off to camp, the hope is that they will be in a safe environment cared for by individuals who will treat them as their own children.  Leav & Steinberg was retained by the family of a 14 year old boy who was at sleep away camp in the summer of 2015.  He was a camper but also being given the opportunity to be a Counselor-in-Training (CIT).  That role usually includes working in the cafeteria or with other campers.  This camp allowed our client to work in the kitchen.  They allowed him to fry eggs, boil corn and handle other hot items.  He was not old enough under the law to have “working papers” and was given no instruction.

One day he was told to boil corn and take it off the stove onto a rolling cart.  He did this as told without any supervision. The water spilled onto his leg and into his sneaker. He immediately ran outside and took his sneaker off.  A nurse on duty came over and told him it was nothing too serious, really just a first degree burn. She assured him things would be okay and put a band aid on it and some ointment.   She called his parents and told them the same.  A hospital was only 15 minutes away by car.  She never took him.

As days passed, she continued to change the dressing and assured him it was okay.  Sadly, it was not.  Approximately 5 days later a doctor for the camp showed up, saw the boy’s foot and immediately told him to call his parents and have them come and get him.    His father picked him up and what he saw shocked him.   He rushed him back home and right to the burn unit at a local hospital. He remained there for several days undergoing a debridement procedure where the damaged skin is removed in hope of healthy skin growing back.  He was restricted from school sports activities for the following semester of school.

Published on:

In 2013, a New York Police Officer was responding to a motor vehicle accident in the Bronx.  While standing by her patrol car gathering documents to complete, an uninvolved van stopped uphill just ahead of the accident began rolling backwards.  Plaintiff, a single mother, working for the Police Department for over 10 years tried to move out of the way but was pinned between the patrol car as she was struck by the van’s sideview mirror.

She was taken to the scene by ambulance and treated for a right (dominant hand) wrist injury.  X-rays were initially negative, but within a week, the swelling had subsided and a radius fracture was diagnosed along with a nerve injury to her hand.

Leav & Steinberg, LLP had represented several members of her family before and been successful for them.  However, she was also aware that our firm’s reputation for successfully litigating cases against The New York Police Department for negligence. Wanting a firm that would fight for justice for anyone seriously injured,  she contacted partner Edward Steinberg, who came to her home and spent time understanding the details of the case, and limits the injury was going to cause on her career.

Published on:

A tragic accident occurred last week in Queens when a Charter Bus plowed through a stop light at a high rate of speed and collided with an MTA Q20 bus. The collision killed the driver of the Charter bus, as well as a pedestrian and a passenger on the MTA bus, and injured 16 others. Mayor Bill de Blasio said of the accident scene “It’s just shocking to see the scene over there. Hard to compare it to anything I’ve ever seen — the sheer destruction from the impact of the collision.”

In the days since the accident, it has been discovered that the driver of the Charter Bus had been fired from his job as an MTA bus driver in 2015 after he fled the scene of an auto accident and was later convicted of evading arrest and driving under the influence. It was also discovered that not only did the driver of the Charter Bus have a record of unsafe conduct, but the bus owners, Dahlia Charters did as well. Last year a Charter Bus owned by Dahlia overturned on the highway injuring 30 people. Dahlia has also been cited several times for speeding, mechanical, and administrative violations. When compared with other Charter Bus companies, this puts Dahlia in the bottom 20% when ranked on unsafe driving.

Sadly, these types of incidents are far too common. Charter Bus companies regularly put profitability over safety, and the results can be devastating. Our firm has seen firsthand the effects of similar bus accidents on victims and their families, so it is heart breaking to see another one of these senseless tragedies happen, especially when we know they are preventable.

Published on:

NEW YORK STATE UNIFIED COURT SYSTEM CREATES LEGAL “TASK FORCE” TO ASSIST VICTIMS OF HURRICANE HARVEY

The New York State Unified Court System recently announced the creation and mobilization of a “Volunteer Task Force” of New York based attorneys and court system employees to assist the victims of Hurricane Harvey, and aid in their recovery efforts.

The Texas Supreme Court has issued an emergency order that allows out of state attorneys to provide assistance to storm victims through Legal Aid, Pro Bono, and Bar Association programs. The goal is to provide affected Texans free assistance with filing insurance claims, applying for FEMA benefits, satisfying mortgage obligations, and many other pressing legal issues.