A serious injury can be one of the most traumatic events of a person’s life. The devastation gets more drawn out as the physical pain of recovering, rehabilitation, coupled with dealing with the emotional toll of lost wages and insurance companies begins to pile up. We at Frankel Law Firm have worked on personal injury cases for more than 30 years, we understand these events deeply. We have dedicated our work to the needs of the injured. The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.
Cycling in New York City has become commonplace. Redesigned streets and changing life styles have made biking a way of life. One observes professionals biking from the Upper East and West Sides of Manhattan to work in midtown and Wall Street. Columbus Avenue, and other thoroughfares have been modified to create a “complete street redesign” which contemplates active bikers across the length and breadth of the City of New York and beyond. Biking has become a way of City life and it has enhanced the quality of life in New York City. Unfortunately, increased bike activity has also increased motorist/cyclist crashes. If the unfortunate occurs, one is faced with a series of very serious and time sensitive questions. Consult an attorney to determine your legal rights. The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.
Each year, thousands of people are injured or involved in motor vehicle accidents. No matter whether the accident involves major property and injury, or might seem like a simple fender-bender, it is important to make a claim for damages with an insurance company. That could be your own insurance company, or the other driver’s insurance company. This is why it is important to always call the police and obtain a police report for all accidents. The steps you take after an accident matter that is why it is important to consult an attorney to determine your legal rights. The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.
Lead poisoning is most common, and most damaging, in very young children. Exposure to lead-based paint is the primary source of lead poisoning. The health risks posed by lead-based paint are serious, particularly in our cities and urban areas where housing stock is the oldest. For a child, even the tiniest amount of lead-based paint is potentially hazardous if it begins to peel, chip, or otherwise generate dust. Since no amount of lead is safe in the body, brief exposure can lead to disastrous results.
This firm has the distinction of being the attorneys for the Plaintiff, in the precedent setting case, Juarez v. Wavecrest Management Company, which was the landmark case in which the highest court of New York State established the rules relating to legal liability of landlords in New York City for exposing tenants to the hazards of lead-based paint. The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.
Race, Sex and Age Discrimination is humiliating and demeaning. It is also against the law. It is unlawful for your employer to discriminate against you because of your race, sex, age, ethnicity, or color.Title VII of the Civil Rights Act of 1964 prohibits race discrimination in the workplace. This employment discrimination law is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). There are New York City and New York State anti-discrimination laws. The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.
When a defective product causes injury, the responsible parties may include the manufacturer, wholesaler, distributor, retailer, maker of component parts, lessors and processors of materials for the product related injury. Under New York law a products liability plaintiff may base the suit on one or more of four theories: Negligence, breach of an express warranty, breach of an implied warranty, or strict liability.
A manufacturer, wholesaler, distributor, retailer, processor of materials, and maker of component parts, who sells a product in a defective condition is liable for injury which results from use of the product, when it is used for its intended or reasonably forseeable purpose and such defect results in injury. Where there are express warranties, liability may attach on such theory as well. The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.
Our firm has handled numerous precedent setting cases with an excellent rate of appellate success. Below is a list of noteworthy appellate cases handled by this firm.
Juarez v. Wavecrest Mgt. Team, Ltd., 88 NY2d 628 (1996)
Tejeda v. 116 West Corp., 293 AD2d 261 (1st Dept 2002)
Zaman v Patwary, 295 AD2d 424 (2d Dept 2002)
Munoz v. Puretz, 301 AD2d 382 (1st Dept 2003)
Cartegena v. Tang, 260 AD2d 337 (2d Dept 1999)
Perez v. New York City Housing Auth., 304 AD2d 736 (2d Dept 2003)
Nwaru v. Leeds Mgt. Co., 236 AD2d 252 (1st Dept 1997)
Vega v. SSA Properties, Inc., 13 AD3d 298 (1st Dept 2004)
Rubinfeld v. City of New York, 263 AD2d 448 (2d Dept 1999), lv. den. 94 NY2d 752 (1999)
Santiago v. New York City Housing Auth., 268 AD2d 203 (1st Dept 2000)
Vargas v. Menorah Realty Corp., 274 AD2d 428 (2d Dept 2000)
Public Service Mutual Insurance Co. v. Ayfas Realty Corp., 234 AD2d 226 (1st Dept 1996), lv. dism 90 NY2d 844 (1997)
Cortes v. Riverbridge Realty Co., 227 AD2d 430 (2d Dept 1996)
Thomas v. Holzberg, 300 AD2d 10 (1st Dept 2002)
Frankel v. Hirsch, 2 AD3d 399 (2d Dept 2003)
Frankel v. Hirsch, 38 AD3d 712 (2d Dept 2007)
Trawally v East Clarke Realty Corp., 92 AD3d 471 (1st Dept 2012)
Needleman v. Burger King, Inc., 237 AD2d 339 (2d Dept 1997)
Calderone v. Levites Realty Mgt. Corp., 246 AD2d 458 (1st Dept 1998)
Frankel v. Stavsky, 40 AD3d 918 (2d Dept 2007)
Kelly v. New York City Housing Auth., 248 AD2d 594 (2d Dept 1998)
Lopez v. No Kit Realty Corp., 254 AD2d 155 (1st Dept1998)
Bligen v. Markland Estates, Inc., 6 AD 3d 371 (2d Dept 2004)
Velez v. South Nine Realty Corp., 57 AD3d 889 (2d Dept 2008)
Javeed v. 3619 Realty Corp., 129 AD3d 1029 (2d Dept 2015)
The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.
We handle complex litigation including civil rights — police abuse, malicious prosecution, breach of contract, business torts, whistleblower, judgment enforcement, insurance, libel and slander, environmental, and will contest litigation.
Have you become the victim of an injurious falsehood in your business? A person who makes a statement about another person’s (lands, personal property, intangible things) which is reasonably understood to cast doubt about the quality, ownership, of the lands, personal property and or intangible things, by those who hear or see the statement, is liable for the pecuniary loss which results directly from the statement. Provided that the statement was false and was made maliciously. The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.
NURSING HOME NEGLECT
Nursing homes have a solemn duty to safeguard and care for the sick, vulnerable, infirm and elderly who are entrusted to their care. When that trust is breached, whether intentionally or negligently, the residential health care facility may be answerable to pay compensatory damages suffered as a result of such deprivation.
New York State has promulgated specific laws which codify the rights of patients in residential health care facilities such as a nursing home. A “private right” of action is created under Public Health Law Section 2801-d for deprivation of any right or benefit listed in Public Health Law 2803-c and facilities may be found liable for injuries suffered as a result of such deprivation of rights. The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.
Construction sites, with all their moving parts, are filled with potentially dangerous situations. We’ve all seen construction sites, but those who have worked construction know how hazardous they can truly be. If you or a loved one has suffered from an injury while working on a construction site, you may be entitled to compensation.
If you were injured while working on a construction site you are entitled to benefits. If your injuries were caused due to someone else’s negligence, or because of unsafe work conditions, or lack of safety devices, or because the site was not up to code, you may be able to receive compensation in addition to the workers’ compensation benefits. Even if negligence wasn’t the direct cause of your injury, you may still qualify for compensation. Consult an attorney to determine your legal rights. The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.
Parents and guardians should be assured that when their child goes to school, he or she will receive adequate and proper supervision and care. School should be a nurturing, educational environment that is, above all else, safe. In order for a school to be safe, it must be run in a way that seeks to avoid potential hazards for children, and the people who work there must exercise a reasonable standard of care to prevent harm to students.
Hiring a knowledgeable lawyer who has the expertise required to prove what caused a particular accident, how to pursue a claim for the injuries suffered as a result of the accident, and how to manage the sensitive nature of child injury cases gives your child the best possible chances of receiving the compensation he or she needs and deserves. The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.
We represent children.
According to a report issued by the World Health Organization (WHO) and the United Nations Children’s Fund (UNICEF), more than 2,000 children are killed in accidents or die from an unintentional injury every day. Every year tens of millions of children are left with life-long disabilities The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.
SLIP AND FALL ACCIDENTS
Injuries caused by a slip and fall on another’s property happen all too often. A shiny floor has an indistinguishable puddle of water on it and someone slips and falls despite the condition being present for an unreasonable period of time. A parking lot was plowed and salted, and a small section was not done properly causing an icing condition to be present. A person causes an icing condition on their driveway. Defective sidewalks, hallways, and common areas. In addition to slip and fall injury cases, compensation can also be recovered for premises liability cases. The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.
Elevator accidents may occur for a myriad of reasons. There are 64,076 passenger elevators, escalators, moving walks and freight elevators in New York City. On average, an elevator makes 500 trips on an average day. There are 30 million trips made citywide every day. 11% of all elevators and 4.6% of escalators in the United States are in New York City. The New York City Building Code mandates basic safety standards. The standards are comprehensive and calculated to safeguard the health and safety of the public which uses elevators. The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.
Many people are forced to sign a liability waiver if they wish to participate in recreational or outdoor sports in New York. The waiver says that the organizers have no responsibility if something bad happens. After an accident, the injury victims worry that the liability waiver prevents them from taking legal action. If you have signed a liability waiver, you may still have legal options. Often, we find successful ways for our clients to recover compensation and move forward with their lives — even after signing a liability waiver. The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.
Arbitration and mediation are similar in that they are alternatives to traditional court litigation, and sometimes used in conjunction with litigation (opposing parties may first try to negotiate, and if that fails, move forward to trial and/or move to mediation in advance of the trial). Both arbitration and mediation employ a neutral third party [or parties] to oversee the process. However, it is common to employ mediation as a non-binding process and arbitration as a binding process. The legal issues are often quite complex and your case should be promptly analyzed by an experienced attorney.