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Construction Site Accidents: The Law & the Trial 2012

Friday, December 7, 2012

- Location -
Affinia Manhattan
371 Seventh Avenue At 31st Street
New York, NY 10001-3984
(212) 563-1800

9 a.m. to 4:30 p.m.

7.0 MCLE Credits (4.0 Skills; 2.5 Areas of Professional Practice; 0.5 Ethics)

Agenda

8:30-9:00 a.m.

Registration (outside of the meeting room)　

9:00 a.m. - 9:10 Welcome and Introduction　

Part I – The Law

9:10-10:00 The Law of Construction Site Accidents - Labor Law Sec. 240

- The Statutory Requirements as defined by the Courts

- Falls from a height and falling objects

- The Defenses - Sole Proximate Cause and Recalcitrant Worker　

10:00-10:50 Key Issues Between the Defendants and Their Carriers

- Indemnity and Partial Indemnity

- Third Party Practice - How Grave is the Grave Injury Requirement?

- Ethical Considerations - the Client vs. the Carrier

10:50-11:05 Break

11:05-11:55 The Key Investigation, Depositions and Summary Judgment Motions

- Investigation - the essential materials

- Depositions - What are you trying to prove?

- Summary Judgment Motions - making and defending

Part II -- The Trial of a Labor Law Case with Live Witnesses

11:55-12:45 p.m. Opening Statements- Plaintiff and Defendant (Live Demonstration)

12:45-1:45 LUNCH (on your own)

1:45-2:35 Direct and Cross Examination of the Plaintiff

- Plaintiff’s attorney

- Defense attorney

2:35-3:25 Direct and Cross Examination of the Site Foreman as an Adverse Witness (Live Demonstration)

- Plaintiff’s attorney

- Defense attorney　　

3:25-3:40 Break

3:40-4:30 Closing Arguments - Plaintiff and Defendant Summations (Live Demonstration)

- Defense attorney

- Plaintiff’s attorney

4:30 Adjournment

Overall Program Co-Chairs: Howard Hershenhorn, Esq. and Christopher Sallay, Esq. of Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz

Speakers: Anthony Gair, Esq., Darryl Whiteley, Esq., Joann E. Bell, Esq., Howard Hershenhorn, Esq., Jeff Korek, Esq., Richard Bakalor, Esq., Michael A. Rose, Esq., John Fabiani, Esq., Anthony Tagliagambe, Esq.

New this Fall: All program materials will be distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice. A CLE NotePad © (paper) will be provided to all attendees at the live program site. The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing. Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date.

Directions

From Long Island: Take I-495 WEST to MIDTOWN TUNNEL. Go through toll and Enter LEFT TUBE in Midtown Tunnel. Exit Tunnel and stay in LANE. Go LEFT toward Downtown. Turn RIGHT onto E 35TH ST – go STRAIGHT to 7TH AVE. Turn LEFT onto 7TH AVE. Follow to 31st & 7th Hotel is on East side of 7th Ave. From Connecticut: Merge onto I-95 S (Portions toll) (Crossing into NEW YORK). Keep LEFT to take I-278 W via EXIT 6B toward TRIBORO BR. Take the exit toward RANDALLS-WARDS IS MANHATTAN / FDR DRIVE. Stay STRAIGHT to go onto TRIBOROUGH BRIDGE (Portions toll). Merge onto FDR DR S. Take EXIT 8 toward I-495 / MIDTOWN TUN / E 34 ST. Stay STRAIGHT to go onto FDR DR SERVICE RD W. Turn RIGHT onto E 37TH ST. Turn LEFT onto PARK AVE. Turn RIGHT onto E 35TH ST. Turn LEFT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th Ave. From New Jersey: Take the N.J. TURNPIKE ramp toward NEW YORK AND NORTH. Merge onto I-95 N / NEW JERSEY TURNPIKE N toward CARS / TRUCKS-BUSES (Portions toll). Keep RIGHT to take I-95 N / NEW JERSEY TURNPIKE N toward I-80 / EXITS 15E - 18E / US-46 / INCOLN TUNNEL (Portions toll). Take EXIT 16E toward LINCOLN TUNNEL / NEW YORK CITY. Keep LEFT to take NJ-495 E toward LINCOLN TUNNEL (Portions toll) (Crossing into NEW YORK). NJ-495 E becomes I-495 E / LINCOLN TUNNEL. Take the exit on the LEFT toward I-495 E / 42 ST / RT-9A / ALL POINTS. Stay STRAIGHT to go onto DYER AVE. Turn RIGHT onto W 40TH ST. Turn RIGHT onto 9TH AVE. Turn LEFT onto W 38TH ST. Turn RIGHT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th Ave. From JFK: Start out going SOUTHEAST, Turn SLIGHT LEFT to take the ramp toward AIRPORT EXIT / OTHER TERMINALS. Stay STRAIGHT to go onto JFK EXPY. Merge onto I-678 N / VAN WYCK EXPY toward AIRPORT EXIT / RETURN TO TERMINALS / LONG TERM PARKING / RENTAL CAR RETURNS. Merge onto GRAND CENTRAL PKWY W via EXIT 10 on the LEFT toward LA GUARDIA AIRPORT / TRIBORO BR. Take the I-495 / LONG IS EXPWY exit- EXIT 10E-W- toward EASTERN LONG IS / MANHATTAN. Merge onto I-495 W via EXIT 10W on the LEFT (Portions toll). Take I-495 WEST to MIDTOWN TUNNEL. Go through toll and Enter LEFT TUBE in Midtown Tunnel. Exit Tunnel and stay in LANE. Go LEFT toward Downtown. Turn RIGHT onto E 35TH ST – go STRAIGHT to 7TH AVE. Turn LEFT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th Ave. From LaGuardia: Start out going NORTHEAST on LA GUARDIA RD. Turn SLIGHT LEFT toward TERMINAL A / MARINE AIR TERMINAL / RENTAL CAR RETURNS. Turn SLIGHT LEFT onto CENTRAL TERMINAL DR.Take the AIRPORT EXIT ramp. Merge onto GRAND CENTRAL PKWY W toward MANHATTAN. Take the BKLYN-QNS EXPWY exit- EXIT 4- toward STATEN ISLAND / I-278 W. Merge onto BROOKLYN QUEENS EXPY E. Merge onto I-278 W / BROOKLYN QUEENS EXPY. Take the L.I. EXPWY / I-495 exit- EXIT 35- toward MIDTOWN TUN / EASTERN L.I. / GREENPOINT AVE. Merge onto I-495 W via EXIT 35W on the LEFT toward MIDTOWN TUN / MANHATTAN (Portions toll). Take I-495 WEST to MIDTOWN TUNNEL. Go through toll and Enter LEFT TUBE in Midtown Tunnel. Exit Tunnel and stay in LANE. Go LEFT toward Downtown. Turn RIGHT onto E 35TH ST – go STRAIGHT to 7TH AVE. Turn LEFT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th Ave. From Newark: Take the N.J. TURNPIKE ramp toward NEW YORK AND NORTH. Merge onto I-95 N / NEW JERSEY TURNPIKE N toward CARS / TRUCKS-BUSES (Portions toll). Keep RIGHT to take I-95 N / NEW JERSEY TURNPIKE N toward I-80 / EXITS 15E - 18E / US-46 / LINCOLN TUNNEL (Portions toll). Take EXIT 16E toward LINCOLN TUNNEL / NEW YORK CITY. Keep LEFT to take NJ-495 E toward LINCOLN TUNNEL (Portions toll) (Crossing into NEW YORK). NJ-495 E becomes I-495 E / LINCOLN TUNNEL. Take the exit on the LEFT toward I-495 E / 42 ST / RT-9A / ALL POINTS. Stay STRAIGHT to go onto DYER AVE. Turn RIGHT onto W 40TH ST. Turn RIGHT onto 9TH AVE. Turn LEFT onto W 38TH ST. Turn RIGHT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th Ave.

The last day to pre-register online was December 6, 2012.

Members, please login to get member discounts.

Pricing Information for Member


Seminar

NYC-Registration	$165.00

Pricing Information for Non Member


Seminar

NYC-Registration	$265.00

Pricing Information for Student Member


Seminar

NYC-Registration	$60.00

Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Cindy O'Brien at 800-582-2452 or cobrien@nysba.org.