Gartner + Bloom achieves total dismissal of Plaintiff’s Labor Law Action by harnessing “The Integral to the Work Defense”￼
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?(more…)
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.(more…)
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.(more…)
gartner + bloom PC celebrates 29 years of building success and growth all the while fostering a culture of collaboration with our incredibly talented team members and their unwavering dedication, support and loyalty to the firm. “We wouldn't be here without each of you!" Here’s to continuing the journey with compassion, continued commitment and all of you!
Congratulations to our living legend Ken Bloom on winning West Coast Casualty’s 2023 “Legends of an Era” Award and this distinguished honor presented at this year’s West Coast Casualty's Construction Defect Seminar!
Recognized for his dynamic leadership, Ken Bloom has been an early pioneer in helping to shape the construction defect community on the east coast and thereafter working to identify key trends and strategies nationally.
Ken, we honor and thank you for your legacy footprint!
Partner Alexander Fisher defeated an Order to Show Cause for a Temporary Restraining Order in a contentious business dispute in Federal Court, District of New Jersey. Gartner + Bloom’s client, a former employee of the Plaintiff, left his job and thereafter started a competing landscaping business. The Plaintiff/former employer grew angry and began a campaign of harassment against the client, defaming him repeatedly to potential customers and regulatory authorities. Gartner + Bloom therefore filed a defamation action against the former employer in New Jersey Superior Court, which is still pending.(more…)