Firm News

Welcome to Senior Associate Peter Rosenberg

gartner + bloom PC is pleased to welcome Senior Associate, Peter Rosenberg to our NYC Transportation practice group. Thrilled to have you on the journey with us, Peter. Buckle and get ready for the ride of a lifetime! 

Gartner + Bloom achieves total dismissal of Plaintiff’s Labor Law Action by harnessing “The Integral to the Work Defense”

By Justin Domenech, Esq.

labor law victory

You’ve seen this before, a worker at a busy construction site alleges that they fell as a result of a dangerous condition in the course of his work.  There are no witnesses and the dangers claimed are just broad restatements of the New York State Labor Law.  Since there were no witnesses, there is little to no investigation to build a defense around.  They claim that the injury is permanently disabling, and that your client faces seven figure damages.  Even worse is the fact that the evidence, which is solely in Plaintiff’s control, is often frustratingly inconsistent.  On one occasion, it is alleged that it was a fall through an ‘unprotected opening’, in another, it is a trip or slip on uneven ground with an ‘elevation differential.’  Maybe work materials or debris were a factor, but it is unclear as ‘it all happened so fast.’   Either way negligence, Labor Law §§ 200, 240(1) and 241(6) are inevitably alleged against your client.  Now what?

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Assuring the Insurers

gartner + bloom, P.C. is honored to be features in this month’s edition of Forbes and Future magazines. When insurance carriers need results-driven representation, they turn to gartner + bloom P.C.

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Business Owner Options in a Land Without Non-Competes

By Arthur Xanthos & Stuart Gartner

For more than a century, New York courts have enforced non-compete agreements, which typically prohibit former employees (or sellers of a business) from competing against the former employer (or buyer of the business) for a reasonable period of time within a limited geographic area.  A bill currently awaiting Governor Hochul’s signature would make most non-compete agreements unlawful in New York State, forcing employers and sellers of businesses to consider other options in the new legal landscape. The Governor has previously expressed support for eliminating non-compete agreements for workers earning below the median wage in New York; but the bill in its current form applies to all workers in New York regardless of earnings.  

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