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In heartbreaking news coming out of Brooklyn today; a 21 year-old mother unintentionally pushed her 6 week-old infant in a stroller down an elevator shaft. The family was on the 23rd floor of their Sea Gate apartment building when the accident occurred. The elevator doors opened to an exposed shaft; the baby fell to a stalled elevator car on the 18th floor.

The baby was pronounced dead at Coney Island Hospital. The building has been issued numerous previous violations for faulty elevators. The investigation is ongoing.



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This blog is often filled with stories of clients who have sustained serious life altering injuries and have asked LEAV & STEINBERG, LLP to represent them in seeking the legal justice and adequate compensation due to the negligent actions of others.  Very often the cases take years to progress through litigation.  Very often at each step of the way (depositions, discovery inspections, physical exams) there are pitfalls and things that must be carefully planned in order to achieve success.  The outcome is usually a result of the hard work in preparation.  My personal life over these past six months is quite similar.

As this weekend approaches, I have been checking the weather in Chicago for Sunday.  Mostly sunny, high of 65 and low of 52.   Looks like perfect running weather.  If it was only that simple.  I made the decision to enter the lottery to run the Chicago Marathon about 6 months ago.  Luckily I got in.  That was where the hard work begins.  I have trained for the last 4 months with six days of working out and varied my runs with heart rate training, pacing sessions, and interval speed work.  The goal, to qualify for the Boston Marathon for April 2018.

I have previously run 4 marathons and have gotten within 4 minutes of qualifying.  That has not stopped my determination.  I am hopeful this year will be the year.  I am focused and mentally ready.  As my trainer has told me…the hay is in the barn….  time to run…  The last few weeks are tapering weeks so the running has decreased and the level of rest increased.  This can be tough as many of you on the east coast know….its mallomar season.

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At approximately 9:50 a.m., an MTA bus struck and killed a 73 year old woman near East Houston and Columbia Street.  The victim was declared dead at the scene.

The bus was turning off of Avenue D onto East Houston when the woman was caught under the rear wheels of the bus. Witnesses stated that the bus driver did not initially realize that he had hit someone. Residents near the scene of the accident reported that corner where the accident took place is notoriously dangerous.

Leav & Steinberg has successfully represented a 57 year old woman that was struck by a bus and suffered traumatic leg amputations.  A $5,000,000.00 settlement was obtained for the injuries our client sustained in the accident.

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At approximately 8:45 a.m., a New Jersey Transit Train making its way into the Hoboken terminal failed to slow down and come to a stop and crashed into the Hoboken station platform. Reports have shown severe structural damage at the terminal, including the partial collapse of the roof. More than 50,000 people use the Hoboken terminal daily.

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Over 100 injuries and 3 fatalities have been reported as a result of the accident. An urban search-and-rescue team has been deployed to help remove trapped individuals from the train. More than 20 ambulances arrived at the terminal to take injured passengers to area hospitals. New Jersey transit spokeswoman Jennifer Nelson stated that the train carried approximately 250 passengers.

Leav & Steinberg has successfully represented an individual who was a passenger in an MTA bus that crashed into another MTA bus, both while driving in the Holland tunnel several years ago. An action was maintained against the City of New York for the negligence of the operators of the buses in causing the accident.

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Around 7 A.M. this morning, New York’s Bravest responded to a 911 call for an odor of gas in the Kingsbridge section of the Bronx. It turned out that the home was being used as an illegal marijuana grow house. The house exploded causing flying debris to strike an FDNY Batallion Chief, mortally wounding him. The 17-year fire veteran leaves behind a wife and three children.

Also injured in the blast were nine firefighters, six police officers, three ConEd workers, and two civilians.

The owner of the house rather inexplicably states that he knew little about the renters and what they were doing; he claims that no one told him an illegal drug operation was being run from his property. Neighbors profess that there were shady things going on at the property which was always surrounded by luxury cars, unlike in years past, when college kids would rent the property.

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TI Rap concert
As we reported previously here on May 30th, 2016 Leav & Steinberg, LLP was retained by several individuals who sustained serious and significant injuries at the T.I. Rap Concert.

For many excited concerts goers and fans, the night of May 25, 2016, was supposed to be filled with fun and music at rap artist, T.I.’s, New York concert held at Irving Plaza. Unfortunately, due to inadequate security measure and substandard emergency protocol, violence and gun fire erupted during the show inside New York’s famous music venue tragically leaving one person dead and others seriously injured.

Two of our clients at Leav and Steinberg, LLP were at the T.I concert at Irving Plaza to have fun and enjoy the show at the time of the shooting. They could have never expected that moments later they would be fleeing for their lives. At some point during the show, gun fire inside Irving Plaza sparked mayhem and chaos which quickly combined with overcrowded conditions that spread throughout the venue causing patrons inside the venue to flee to the nearest exits.

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Ladder accident
On August 10, 2012, while climbing down a ladder at work our client was caused to fall when the ladder tipped over as a result of being placed on wet Masonite. On the date of the accident the client was a 33 year old non-union electrical worker.  He left the job site by cab but upon arriving home he was in such excruciating pain he went to the Emergency Room.  He was admitted and diagnosed with a fracture to his pelvis and a herniation to his lower back.  The client tried to treat conservatively with physical therapy.  In February of 2013 the client attempted to return to work but due to his pain he was forced to go back out on Workers Compensation.   A former client of Leav & Steinberg, who knew the plaintiff from the neighborhood was discussing his accident and pointed out that he should speak with an attorney and recommended Leav & Steinberg given the success we had for him in the past.  After this meeting, the client contacted our office and retained us.

Leav & Steinberg, LLP immediately filed a lawsuit alleging Labor Law Sections 240(1) and 241(6), specifically Rule 23 Section 1-21(b)(4)(ii). Over the course of the next two years the client was required to undergo two surgeries; (1) for a torn labrum in his hip and (2) a lumbar fusion in order to stabilize the vertebrae at L4-5.  Leav & Steinberg, LLP completed discovery and had the matter placed on the trail calendar less than 3 years after the date of accident.  The parties participated in Mediation where an offer of $1,500,000.00 was made.  Upon the legal advice of Leav & Steinberg, LLP this offer was rejected by the client.  A motion was also made by Daniela F. Henriques, Esq., for partial summary judgment on the issue of liability pursuant to Labor Law Section 240(1).  The motion was still pending on the date of the settlement.  The defendants’ position on the motion was that the accident was caused solely by the decision of the plaintiff to use equipment that was not safe and not secured.

In light of the fact that the trial was scheduled for October, 2016, the defendant’s again requested that we participate in a second non-binding mediation.   They further argued that the client had made a good recovery and that his work history was sporadic.  In addition, they argued that given his intelligence and other skills he could return to employment and earn an equal salary; even if not as an electrician.

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August 30, 2016 was a deadly night in Queens and the Bronx.  A tragic collision occurred on the Long Island Expressway in Queens.  According to the New York Post, the multiple fatality and multiple vehicle collision may have been caused by drag racing.  See article here.  Meanwhile, in the Bronx, a pedestrian was killed after being struck by two vehicles while crossing Bronxdale Avenue at the intersection of Bronxdale Avenue and Barnes Avenue.  The first of the two vehicles to strike the pedestrian fled the scene.  See article here.  Unfortunately, all too often in collisions like this there is inadequate insurance to compensate the injured victims and the families of the decedents.  In New York State, the minimum insurance required is $25,000 per person and $50,000 per incident.  If you own an automobile check with your insurance carrier to find out about Supplemental Uninsured Motorist coverage to protect your interests in the event you are in a collision with a vehicle that has inadequate coverage.

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A group of kayakers being led on a guided tour on the Hudson River were struck by a ferry boat yesterday evening. Five kayakers were injured, one nearly had their arm severed, when a ferry operated by NY Waterway was leaving Pier 79 on its way toward Wall Street.

Ten kayakers in nine boats were on a routine tour when the ferry pilot failed to see them as he left the pier. Police are determining whether the pilot was blinded by glare before knocking the kayakers into the water.

NY Waterway operates ferry service for New York and New Jersey residents. The owner of the kayak company stated that the guided tour has been done hundreds of times.

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When Lt. Brendan Connolly a New York City Firefighter was responding to a local emergency, the dangers of being a firefighter were always in the back of his mind.  Smoke, trapped locations, innocent victims needing help.

However, the roads of New York City are often so dilipadated and filled with potholes and ruts that when his fire truck hit a recurring defect in a city street of Cypress Hills, Queens his life would change forever.

As reported here in the New York Post, Lt. Connolly fractured his spine and has been rendered disabled from working because of a sinkhole that has been recurring.  Neighbors report that this problem has been recurring for years.  Yet, the ability to legally recover against the City of New York for this defect is fraught with many hurdles.  Some nearly impossible to overcome.