ALM Properties, Inc. Page printed from: New York Law Journal Solos, Small Firms Face Unique Challenges in the Aftermath of Hurricane Sandy Andrew Keshner New York Law Journal 11-06-2012 Hurricane Sandy was tough on many firms, but it was especially hard on solo practitioners and small firms lacking support services. As they tried to get back to business last week, solos and small firms were confronted with problems like inaccessible case files, the inability to make it to court and some impatient clients and adversaries. “As a solo practitioner, we’re handicapped to begin with,” said Ruth Bernstein, who has practiced law by herself for the past 18 years, juggling about 75 cases at any one time. Solos, she continued, operate “without a net” and are “up against big defense firms. We rely on our smarts and our guts and ability to work hard and our dedication and devotion to what we do. Any handicap on top of the ones we’re already laboring under, it can tip the balance very easily.” Without power, heat or running water at her Long Beach home as of Nov.2, Bernstein still considered herself “blessed” after she lost her cars but her home was not flooded. She was not able to make it into her Manhattan offices last week, though her paralegal make it in twice to field calls and check voice messages. “I really haven’t dealt with anything except survival and trying to help my neighbors,” she said. “I’m really just placing my faith in [the Office of Court Administration] and individual judges who might be presiding over my cases to grant me appropriate adjournments so I can have a fighting chance to represent my clients.” Jill Zuccardy, a solo practitioner handling family law cases, could not get to the case files in her lower Manhattan office building last week and spent her days at her Brooklyn residence “just hovering over email all day.” While other slowly got back to work, Zuccardy, for instance, had to repeatedly impress on an adversary on Nov.1 that she was not capable of traveling to White Plains to work on an agreement with an impending deadline-let alone the fact she could not het her hands on the court file. Then on Nov. 2, she said, she had to explain to Queens Family Court clerk several times why she could not send a fax when they insisted they could accept no other communication. Only after “getting emotional,” Zuccardy finally got through to the court part that arranged an adjournment. By Nov. 4, power came back on at her office and Zuccardy worked a full day. She noticed many attorneys appeared to be doing the same, based on the multiple email replies she received. “I think the worst thing about last week was the helplessness,” she said yesterday, noting how she was now attempting to prioritize as clients contacted her asking if she could work on their case now that she was back at her office. Dawn Cardi, an attorney with a small Manhattan firm consisting of herself and four associates, agreed that patience last week appeared to wear thin in some quarters. Cardi could not get her case files after the power went out in her Midtown East building. Nevertheless, she said she encountered a lack of understanding from some court clerks outside Manhattan when she tried to explain her inability to move forward. The response was not “unkind,” she recalled, but the clerks still notes other attorneys were managing to make it to court. “There can’t be business as usual in the court system for now,” Cardi said. In Nassau County, solo criminal defense attorney William Kephart said that yesterday-the first day his Garden City offices had power restored-a major task was checking the status of the more than 20 cases he had calendared for last week. Kephart noted that the shortage of gasoline would be a “huge issue” in the near future for attorneys in suburban areas, whose work usually requires car travel. Kephart planned to reschedule a matter in Riverhead, some 60 miles away. “I’m going to be asking the court for an adjournment so I don’t have to burn that gas,” he said. Justin Blitz, of three-attorney Schulman Blitz in Manhattan, said that small firms and solos operate on slim margins, making lost court days particularly costly. “I don’t make money sitting in an office, I make money in court,” he said, observing that he did not have other attorneys to whom he could pass trials he was prevented from handling by the storm. Blitz’s own Midtown West offices lost power during the storm. As a result, he could only get a case file for an important upcoming deposition after the neighboring building’s superintendent let him-wearing a headlight-get to his office through an emergency door. Nevertheless, Blitz spent Nov.4 volunteering on Staten Island, where he saw “lives ruined.” He said the experience “put in perspective” how what happened to him was “a slight, minor irritation.” @| Andrew Keshner can be contacted at akeshner@aim.com To view the article click here. Copyright 2012. ALM Media Properties, LLC. All rights reserved. New York Law Journal article Contact Blitz Law Group today.

Schulman Blitz, LLP represented the family of a young man who was skateboarding in the Bronx when he was stuck and killed by a car. We settled the case for $100,000, the full amount of available insurance. Contact Blitz Law Group today.

Click here to read Schulman Blitz, LLP’s winter 2012 newsletter. Contact Blitz Law Group LLP today.

Our client was crossing a street in Queens when she was struck by a mini-bus which was making a left turn. The mini-bus driver was talking on his cell phone at the time that he crashed into our client. As a result of the impact, our client sustained an injury to her knee which required surgery. At a mediation shortly before the trial was scheduled to begin, Justin Blitz, Esq., settled the case for $150,000. Contact Blitz Law Group LLP today.

Schulman Blitz, LLP settled a case for our client, a taxi driver who was stuck by a car which was going the wrong way on a highway exit ramp. As a result of the accident, our client sustained injuries to his hands and wrists, as well as a traumatic brain injury. Stephanie A. Mastrocola, Esq. settled the case for $100,000, which was the full policy limits of the defendant’s insurance, shortly after the lawsuit was started. Contact Blitz Law Group LLP today.

Our client was the victim of police brutality, excessive force, false arrest and malicious prosecution. Her civil rights were violated when she was at her home in the Bronx and the police mistakenly entered her apartment even though they were there to execute a warrant on a different apartment in the building. They pushed, shoved and kicked our client and arrested her under false pretenses. The police maliciously prosecuted her for over two years before they dropped all of the charges. Our client sustained physical and emotional injuries as a result of being brutalized by the police. Justin Blitz, Esq. settled the case for $250,000 shortly before the trial was scheduled to begin. Contact Blitz Law Group LLP today for help.

On May 27, 2013, New York City will begin its bike share program which will be called “Citi Bike”. There are a number of issues to be considered for all New Yorkers who will participate in this program. Being a life long New Yorker, born and raised in Manhattan, I have been riding a bicycle in Manhattan since I was a young child and it is something that I continue to do today. As an attorney and a partner at Schulman Blitz, LLP, a New York City based personal injury law firm, I have handled many cases involving bicycle accidents throughout my career.   My law firm handles these cases from the very beginning – when the accident first occurs – through successful settlements and trials. It is without question that riding a bike in New York City is a very dangerous thing to do.  I have handled countless lawsuits involving bicyclists and motorists, bicyclists and other bicyclists, bicyclists and pedestrians, and bicyclists and street defects, and I have seen many of our bicyclist clients sustain very bad injuries from these accidents. The City of New York has recently added bike lanes to some of our streets, especially in Manhattan.  However, there are many, many streets, specifically cross-town streets, which do not have any bike lanes. Drivers of vehicles in New York need to be more wary of bicyclists as there are about to be many more bicyclists on the streets due to the bike share program.  Motor vehicles pose tremendous dangers to bicyclists.  Drivers of motor vehicles need to learn how to share the streets with bicyclists. There are many hazards which bicyclists will face as they are riding throughout the city.  The streets of New York are filled with countless potholes, cracks, defects, sunken streets, broken street hardware and manhole covers that bicyclists have to be concerned about when cycling.  These defective street conditions are extremely perilous for bicyclists. Schulman Blitz, LLP has brought many lawsuits against the City of New York on behalf of our clients who have been severely injured due to the streets and roadways being maintained in a negligent manner. Curiously, the company that is in charge of the program, Alta Bicycle Share, Inc., has been required by the City to carry only $10 million in general liability coverage for every year the program operates.  It seems to me that the amount of required insurance is disturbingly low given the number of street defects, traps, downed street signs and other hazards that pose dangers to city cyclists.  One must also take into account the potential for City liability from City owned vehicles, such as garbage trucks, street sweepers and emergency vehicles that could collide with cyclists causing severe injuries.  Schulman Blitz, LLP has also encountered several cases where bicyclists are injured in areas where City officials were working and left behind construction debris and other hazardous material that caused injury to our clients. In general, bicycling is healthy, fun and could lead to less traffic on our congested streets.  However, I have seen the devastation that occurs when drivers of vehicles do not respect bicycle riders and bicyclists do not watch out for pedestrians.  Another concern that I have with the program is that tourists are not familiar with our streets, and not familiar with traffic patterns, particularly in downtown Manhattan.  This unfamiliarity could lead to increased danger for bike riders and motorists. If you do choose to ride, be safe, be smart, wear a helmet and ride cautiously.  And if unfortunately you are involved in an accident and are injured, give us a call and we will let you know what your rights are. Contact Blitz Law Group LLP today for help.

Being a life long New Yorker, born and raised in Manhattan, I have been riding a bicycle in Manhattan since I was a young child and it is something that I continue to do today. As an attorney and a partner at Schulman Blitz, LLP, a New York City based personal injury law firm, I have handled many cases involving bicycle accidents throughout my career. My law firm handles these cases from the very beginning – when the accident first occurs – through successful settlements and trials. It is without question that riding a bike in New York City is a very dangerous thing to do. I have handled countless lawsuits involving bicyclists and motorists, bicyclists and other bicyclists, bicyclists and pedestrians, and bicyclists and street defects, and I have seen many of our bicyclist clients sustain very bad injuries from these accidents. Below are some tips and appciable laws in regards to safe riding. TIPS FOR SAFE NEW YORK CITY BIKE RIDING – Wear a helmet. Helmets save lives! Trust me on this. Brain injuries are very common in bike accidents and are usually the most devastating type of injury. – Be experienced. If you are not an experienced cyclist do not attempt to learn how to cycle properly on City streets. Participants of the program should really have some level of experience in dealing with the chaos of riding a bike in New York City. – Always yield to pedestrians in crosswalks. – Yield to cars at stop signs. – Travel only on streets that have designated bike lanes. – Ride with proper clothing and footwear. – If making a left turn at intersection, you must yield to drivers and pedestrians who are going straight. – Only ride in the direction of travel as designated for motorists on that street. Do not ride in opposite direction of traffic of other vehicles. – Do not attempt to pass other bikers. – Do not ride in the middle of avenues or streets – stay towards the side of the roads. – Always ride in a straight line. – Do not weave in and out of traffic. – Always look, signal and then look one more time before making a turn or switching lanes. – A good rule of thumb is to not turn until you have established eye contact with a driver of car you are turning near. Many accidents happen because the bicyclist mistakenly thought the driver saw them. – Always beware of opening car doors. A good rule of thumb is to always ride your bicycle at least three feet from any parked vehicles. – Always wear bright clothing and make yourself visible. When riding in the daytime, wear bright clothing and when cycling at night, always use reflective materials and lights. – Do not wear ear buds or headphones while you are cycling. – Cyclists are required to follow all rules and regulations which apply to drivers of motor vehicles. – Always ride on the street. Never ride a bike on the sidewalk. – Obey traffic signals, signs and pavement markings. – Always ride with traffic, never ride against it. – Stop at stop signs and red lights. – Always use marked bike lanes or paths. The exceptions to this rule are: 1. If the street does not have a marked bike lane; 2. When you are making a turn; 3. If it becomes unsafe to stay in the designated marked lanes or path. If you do choose to ride, be safe, be smart, wear a helmet and ride cautiously. And if unfortunately you are involved in an accident and are injured, give us a call and we will let you know what your rights are. Contact Blitz Law Group LLP today for help.

Our client was a passenger in a vehicle which was being driven recklessly and drove off the road, striking a tree. As a result of the crash, our client sustained a fractured ankle. Fred Schulman, Esq. settled the case for $100,000, the full amount of available insurance, shortly after the lawsuit was commenced. Contact Blitz Law Group LLP today for help.

Our client, a home health care aid, was injured when she tripped and fell on stairs inside a private home in Brooklyn. The lighting on the stairs was poor and the stairs were in a state of disrepair. As a result of falling, our client sustained a fractured leg and missed time from work. Justin Blitz, Esq. settled her case in the early stages of the litigation for $93,000. Contact Blitz Law Group LLP for help.

Justin Blitz, Esq. settled a case for our client who was in her car and stopped in traffic when she was rear-ended by another vehicle. During the course of the litigation, Schulman Blitz, LLP made a motion to have the defendant deemed 100% responsible for causing the accident. That motion was granted and we won summary judgment on the issue of liability. The only issue left for trial was the damages sustained by our client. As a result of the accident, our client re-injured previous injuries to her neck and back – she was a classic “egg shell” plaintiff. Due to these injuries, our client underwent surgery and extensive physical therapy and other treatment. The case was settled in the middle of the trial by Justin Blitz, Esq. for $175,000. Contact Blitz Law Group LLP today for the help you need.

We are proud to announce that Fred Schulman has been named a 2013 Super Lawyer. Contact Blitz Law Group LLP today for all the help and guidance you need.