Articles Posted in Uncategorized

Published on:

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.



Published on:

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.

photo blog pic
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.

Published on:

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.

Published on:

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.

Published on:

In 2013, a 41-year-old mother from Brooklyn named Lavern Wilkinson passed away from a form of lung cancer which was thought to be curable. Had Lavern Wilkinson been told that she had a cancerous mass which was shown in a chest x-ray taken in 2010, she may have been alive today. Lavern Wilkinson did not discover that she had cancer, or that the doctors committed malpractice three years earlier, until it was too late. 

To add insult to injury, the Wilkinson family is barred by the statute of limitations in bringing a lawsuit against the doctors at Kings County Hospital who neglected to see the cancerous mass on the x-ray film, thereby denying Lavern Wilkinson an opportunity to get needed medical treatment. 

Under the current law, in order to bring a lawsuit against a public hospital, a plaintiff must commence their lawsuit within one year and ninety days from the act of malpractice. Patients at private hospitals have two-and-a-half years in order to bring their claim. The current law in New York does not allow for a statute of limitations to be tolled for the discovery of a doctor’s malpractice. 

Published on:

With the growth of our law practice over the last 17 years, providing exceptional customer service has becoming our overriding focus.  With trained attorney’s and unlimited resources we have been able to provide client’s with exceptional lawyering.  However, many law firms forget that its the client who hires us and if we don’t give customer service that is on par with our reputation, we will fail miserably.

Former CEO of Intel, Andy Grove passed away last month on March 21st.

He has always been known as an awesome business leader and a great mind.  I read that many executives read one of his books called “High Output Management” and said it changed their business strategy forever.  I took it upon myself to buy the book (hardcover, not getting this one for the Ipad) and have been reading it slowly and taking notes.  My initial take is that we must look for the inefficiencies in our business and find ways to cut them out.

Published on:

As construction in New York City has continued to grow at a fever pitch; deaths among construction workers have steadily increased year over year.  Since 2000 many have gathered annually at St. Patrick’s Cathedral to honor those workers who have given their lives while working.  In fact, back in 2008 I personally attended the service when a Crane at East 51st Street collapsed killing 6 workers and one innocent bystander who was in the apartment of the townhouse that was crushed to death.  Leav & Steinberg, LLP was retained by the family for that woman, Odin Torres to pursue all legal claims available.  I am pleased to report that after 8 years of litigation all cases have resolved for a confidential figure; providing compensation for Odin’s parents who have lost their only child.

Sadly, I was reminded how the desire to put up the residential buildings as well as construction going on across our city has continued to leave workers and other exposed to hazards at the job; many of which are avoidable.  According to the NY Times last year, 88 million square feet of construction was underway, according to the city. That was more than double the amount of work done in 2013 or 2014, and it exceeds the 65 million square feet built in both 2007 and 2008.

The New York Times discussed in detail on May 2, 2016 how safety is still a major issue:  “Accidents were less frequent for a while after the crane collapse because of increased safety measures and a post-recession construction slowdown, but as real estate has boomed in recent years, the number of injuries and fatalities has risen sharply. For the workers, there is more work, but also more risk.”

Published on:

Erin Andrews, a Fox News and ABC sports reporter, was emotionally damaged the day she discovered a nude video of herself on the internet. Her stalker, Michael Barrett, learned that Andrews was staying in a Marriott hotel in Nashville and arranged a stay for himself in the room next door to hers. Barrett drilled a few peepholes between the two rooms and began filming Andrews as she was undressing herself. To make things worse, Barrett published the video on the internet for everyone to see; an expert witness, at the trial between Andrews and Barrett, testified that the video was viewed an estimated 17 million times.

Continue reading

Published on:

On June 10, 2015, at 9:35AM, in the Manhattan-bound tube of the Lincoln Tunnel, a NJ Transit bus carrying 60 people rear-ended a privately owned charter bus carrying middle-school students going on a class sightseeing trip. Passengers on the NJ Transit bus described the impact as heavy and violent, as the NJ Transit bus driver traveling 30 miles per hour plowed into the rear of the school charter bus which was stopped in traffic. On scene reports tell that the NJ Transit bus driver wasn’t paying attention as he hurdled towards stopped vehicles.

Commuters were instantly screaming, and scrambling to help others following the impact. First responders needed to saw open the door of the NJ transit bus.

The accident shut-down the center tube of traffic as injured passengers, and a pregnant woman in labor needed to be evacuated for medical treatment. Numerous passengers were screaming of pain as they hit their faces, and had their bodies jolted following the impact. Many people were bloodied from the impact and others complained that they suffered broken noses. Passengers described the violent impact and chaotic scene as first responders were on scene. 4 people were taken from the scene on stretchers, with 21 people being taken to Bellevue Hospital.

Continue reading

Published on:

Construction jobs are naturally dangerous. Construction sites are intentionally underdeveloped, with exposed wiring and pipes with purpose of being fixed by the employees. This means that there are different safety duties and expectations for both the employees and the the employer.

Take for example the case of Capuano v. Tishman Construction Corporation. In this case Philip and Danielle Capuano sued Philip’s employer, Tishman Construction Corporation (Tishman), for injuries he received while at work. Philip Capuano (Philip) tripped over a piece of pipe on the floor in his work area, that was left there by other workers. He claims that the area did not have adequate lighting, and the lack of light caused him to not notice the pipe and therefore trip over it.

In this case, labor laws and rules of the Industrial Code apply. Philip is suing his employer for violating two sections of the Industrial Code. The first section requires that the work area be kept free from accumulations of dirt and debris and from scattered tools and materials. Philip claims this rule was violated by the piece of pipe, which was used by someone else and left on the the floor for an unknown period of time, which he later tripped over. There is an exception to this rule for the instances where the items that caused the injury are necessary tools for the employee’s current task. For example, if Philip’s task had been to hammer nails and he later hurt himself by tripping over his hammer, there would be no violation. In this case, however, Philip claims he was working on installing abuse boards which did not involve piping.