Thursday, February 26, 2015

Friday, January 9, 2015


Car accidents and slip-and-falls are prevalent during snow storms, freezing temperatures, and other hazardous weather conditions.  As a personal injury attorney on Long Island, I regularly help people who have suffered injuries obtain compensation.  

With slip and falls, businesses have an obligation to exercise reasonable care with respect to dangerous conditions.  Restaurants, bars, convenience stores and other businesses with high traffic areas must anticipate hazards and take precaution for their customers' safety.  Without appropriate shoveling and salting, snowy sidewalks will turn into slick ice hazards. Even when initially shoveled, snow and ice accumulations pose a continuing slipping hazard risk due to thawing and refreezing.  Indoors, slippery entrances and floors require appropriate warnings and non-slip coverings, which must be placed properly to avoid turning a slipping hazard into a tripping hazard.

The injuries caused by slipping and falling can be severe.  Joints are particularly sensitive.  The bones in wrists, elbows, ankles, knees and hips are subject to fracturing, with a range of severity. Sometimes, "soft tissue" injuries (including torn ligaments or tendons, or bone bruising) can be even worse than a fracture.  

Car accidents are also frequent during and after snow storms.  Slippery roads are an obvious hazard. Winter weather also leads to other hazards such as snow accumulation that can limit visibility and road shoulder accessibility.  

If you or a loved one were injured in a car accident or slip and fall, you may be entitled to compensation.  Personal injury damages can include recovery for past and future pain and suffering, emotional distress, and loss of enjoyment of life, as well as compensation for economic losses including lost wages and medical expenses.  

Contact me to schedule a free consultation.  I can be reached via telephone at 631-482-9700, or via email at  

Tuesday, December 16, 2014

Business Dispute Attorney - Lawsuit to Enforce Personal Guarantee Dismissed

Last week, I won an appeal in Solco Plumbing v. Hart.  This was one of the very rare cases where someone was able to defeat a claim on a personal guarantee.   My client ended a partnership years earlier and sold his share in the business, but his former business partner continued operating under the same name.  When the business later dissolved, a creditor owed hundreds of thousands of dollars attempted to collect against my client based on a personally guarantee he had signed more than a decade earlier.

This could have been an enormous problem.  Personal guarantees are often unconditional and remain valid unless and until explicitly revoked. In this case, however, the guarantee included the phrase "being financially interested in the above customer."  The creditor argued that this was merely a description of his status at the time of signing, but there is a rule of contract interpretation that any ambiguity is interpreted against the drafter (which is applied even more strictly in personal guarantees).  So, I successfully argued, among other things, that this phrase must be interpreted to mean that liability under this particular guarantee automatically ended upon his financial interest ending.

This case highlights the importance of using a qualified attorney for business matters, both litigation and transactional.  A slight change in how their form contract was worded may have led to a more favorable result for the plaintiff on this issue, and handling the transfer of his business interest differently could have avoided the issue entirely and saved my client from years of litigation.

Saturday, November 22, 2014


The best personal injury attorneys efficiently and effectively maximize the value of your case.  

On a technical level, the law in many types of personal injury cases is highly developed.  Although each person is unique, the mechanisms of injury in car accidents, slip and falls, and construction accidents are such that there is a body of precedent that has developed around common factual scenarios.  Similarly, the same types of injuries are seen repeatedly.  A good personal injury attorney has the accumen and familiarity with the medical issues involved to understand your injury, and comparisons to comparable cases are what give us a basis to value your claim.  

On a business level, the objective for a personal injury attorney is to obtain compensation for their clients. Most cases settle; some need to be tried; and it is the plaintiff's attorney who pushes the case forward.  

On a personal level, great personal injury attorneys have an enormous range of styles and personalities.  Some can be extremely charismatic, while others are more low-key but command a sense of credibility and trustworthiness.  You need someone you are comfortable with.  

I have been helping personal injury victims obtain compensation for their injuries for my entire legal career.  I clerked with personal injury firms during law school; won several awards for academic achievements in that area of law prior to being admitted to the bar; published multiple articles on construction accident and slip and fall litigation; have a litany of notable appellate decisions; tried numerous federal and state cases; and, most importantly, have helped clients obtain millions of dollars in compensation. 


Matrimonial and family law matters are uniquely personal and important. You need an attorney you can trust.  I cannot claim to be the perfect lawyer for every client.  If you want an attorney who will only tell you what you want to hear, or who will aggressively spend your hard-earned money chasing windmills, I may not be the best attorney for you.

Your lawyer has the job of zealously advocating for you, while also exercising independent professional judgment to help you understand your rights (both best and worst case) so that you can make informed decisions. If you want a lawyer that will tell you the truth -- politely and kindly if it is not what you hope to hear, but the truth nonetheless -- and who is a skilled advocate that can effectively try your case to conclusion when a settlement is not the best option for you, then I am an attorney you should consider.   

If you are choosing a doctor, you don't want someone who automatically says everything is fine, and you don't want someone who automatically opts for the most invasive and destructive approach; you want a rational and reasonable person who is skilled at what they do and whose judgment you can rely on.  I am that type of lawyer.  

Tuesday, September 23, 2014

Personal Injury - Construction Accidents

I have represented injured workers in a wide range of construction accident claims, including injuries related to scaffolding and ladder falls, severed fingers, hoist and crane accidents, falling objects, electric shock, and various other worksite injuries.  If you have been injured or lost a loved one due to a construction accident, give me a call at 631-482-9700, or email me at to arrange a free consultation.

Friday, September 19, 2014


Generally, a contract spells out the rights and obligations of the parties, and the consequence of breach is liability for the foreseeable damage that directly flow from that breach.  There are no emotional distress damages, lost time is generally compensated for through statutory interest calculated as of the date of the breach, and the contract itself frequently defines the value of the loss.  

In addition to what is written (assuming you are dealing with a written agreement), every contract also contains an implied covenant of good faith and fair dealing, wherein both parties are deemed to agree - even if not expressly in the contract - not to do anything which deprives the other party of the benefit of the agreement. 

The typical and most common example of bad faith (and the easiest to explain) is in the insurance context. One scenario, a litigant is exposed to damages beyond the policy limits (for example, a bad injury in a car accident that goes beyond the typical auto policy limits), but the insurer gambles with its client's money and refuses to settle within the limits, resulting in personal liability to the insured.  Another scenario is baseless denial of claim for business interruption coverage, where the nature of the insurance is to timely compensate for lost income needed to keep the business afloat.  

Under these scenarios, where there is bad faith, the damages party can reach beyond the contract and receive indemnification above the policy limit, or compensation for damage to their business beyond just the lost income during a period of interruption.

I have handled a number of these cases, including a recent jury trial involving a fight over funds held in escrow following a real estate transaction.  Contract disputes, and business litigation matters in general, from my perspective, tend to be intellectually stimulating.  Business litigation is already a large part of my practice, and I would like to see that portion of my practice grow in the future.  If you are looking for an attorney to represent you or your company in a business matter, it would be my pleasure to speak with you to see of I can be of assistance.