Cheriff & Fink, P.C. - NYC Personal Injury Law

MEET OUR NEW LAW CLERK - MICHAEL BERGER

2012-01-12T08:04:00.002-05:00

Michael Berger is in his second year at Hofstra University School of Law. Prior to that he attended the University of Pittsburgh obtaining a B.A. in History and General Business with a minor in Economics. Last summer, he worked at Lewis Johs Avallone Aviles, LLP while also interning with the Hon. Justice Zayas in Supreme Court, Queens County.

He enjoys running, college basketball and reading John Grisham books.

Happy New Year

2011-12-29T11:41:00.000-05:00

Happy New Year from Cheriff & Fink to all of our family, friends and clients! We will have limited hours on Friday, December 30, 2011 (Westchester open; Hewlett and NYC closed). Our offices will be closed on Monday, January 2, 2012. We will reopen on Tuesday, January 3, 2012. Have a safe and happy new year!

Too Much Turkey? Avoid Drowsy Driving...

2011-11-23T11:31:00.001-05:00

With Thanksgiving upon us, Cheriff & Fink urges our clients and friends to remember to take care when driving after a long day of partaking in turkey and all those delicious sides. Below are some tips from the AAA Foundation For Traffic Safety to assist you in making this a safe holiday season.

(for original article, click here.)

Introduction
The National Highway Traffic Safety Administration (NHTSA) conservatively estimates that 100,000 police-reported crashes are the direct result of driver fatigue each year, resulting in an estimated 1,500 deaths, 71,000 injuries, and $12.5 billion in monetary losses.
Definitions of drowsy driving generally involve varying uses and definitions of fatigue, sleepiness, and exhaustion. For the purpose of the discussion at hand, drowsy driving is simply driving in a physical state in which the driver's alertness is appreciably lower than it would be if the driver were “well rested” and “fully awake.”

How serious of a problem is drowsy driving?
On the national level, the National Highway Traffic Safety Administration (NHTSA) conservatively estimates that 100,000 police-reported crashes are the direct result of driver fatigue each year, resulting in an estimated 1,500 deaths, 71,000 injuries, and $12.5 billion in monetary losses. However, it is very difficult to determine when fatigue causes or contributes to a traffic crash, and many experts believe these statistics understate the magnitude of the problem.
On the individual level, driving while tired is very dangerous, because a driver who falls asleep may crash head-on into another vehicle, a tree, or a wall, at full driving speed, without making any attempt to avoid the crash by steering or braking.
The inability of a sleeping driver to try to avoid crashing makes this type of crash especially severe. Some studies have found people's cognitive-psychomotor abilities to be as impaired after 24 hours without sleep as with a BAC of 0.10%, which is higher than the legal limit for DWI conviction in all US states.

What are the warning signs of drowsy driving?
Some warnings signs you may experience that signify drowsiness while driving are:

The inability to recall the last few miles traveled,
Having disconnected or wandering thoughts,
Having difficulty focusing or keeping your eyes open,
Feeling as though your head is very heavy,
Drifting out of your driving lane, perhaps driving on the rumble strips,
Yawning repeatedly,
Accidentally tailgating other vehicles,
Missing traffic signs.

In fact, drowsy drivers sometimes drive so poorly that they might appear to be drunk. In a survey of police officers conducted by the AAA Foundation for Traffic Safety, nearly 90 percent of responding officers had at least once pulled over a driver who they expected to find intoxicated, but turned out to be sleepy (and not intoxicated).

What are the specific at-risk groups affected by drowsy driving?
The specific at-risk group for drowsy-driving-related crashes comprises people who drive after having not slept enough, qualitatively or quantitatively. If you're tired and you're driving, you are at risk. In general, individuals who are “most at-risk for being at-risk” of drowsy driving include:
Young People : Sleep-related crashes are most common in young people, especially those who tend to stay up late, sleep too little, and drive at night - a dangerous combination. A study by the National Highway Traffic Safety Administration and the State of New York found that young drivers are more than 4 times more likely to have sleep-related crashes than are drivers over age 30.
Shift Workers and People with Long Work Hours : Shift workers and people who work long hours are at high risk of being involved in a sleep-related crash. The human body never fully adjusts to shift work, according to the National Sleep Foundation. The body's sleep and wake cycles are dictated by light and dark cycles, and generally will lead one to feel sleepy between midnight and 6 AM. For more information, see the National Sleep Foundation's Sleep Strategies for Shift Workers.
People with Undiagnosed or Untreated Sleep Disorders : Approximately 40 million people are believed to have some kind of sleep disorder. Many different sleep disorders result in excessive daytime sleepiness, placing this group at high risk for sleep-related crashes. Common sleep disorders that often go unnoticed or undiagnosed include sleep apnea, narcolepsy, and restless leg syndrome. You can learn more about these and other sleep disorders by visiting the National Sleep Foundation web site.
Business Travelers : Business travelers struggle with jet lag, a common sleep disorder that causes sleepiness and negatively affects alertness. “Jet lag” as well as long work hours put these weary travelers at increased risk for sleep-related crashes.
Finally, it is important to realize that although these specific groups of people are statistically most likely to be involved in drowsy driving crashes, one who does not fall into any of these groups is by no means “immune” to drowsy driving. “Average drivers” who don't happen to be under age 30, working the night shift, traveling for business, or suffering from sleep apnea are still at risk if they drive while fatigued.

Do people realize how dangerous it is to drive while drowsy?
According to AAA Foundation for Traffic Safety research, the public perceives drowsy driving to be an important cause of motor vehicle crashes. Three out of four non-crash-involved drivers, and four out of five of those in recent crashes, said that driver drowsiness was “very important” in causing crashes. These results place drowsy driving as being less of a contributor to crashes in the public's view than alcohol, but more important than poor weather conditions, speeding, or driver inexperience. Drowsy driving and aggressive driving, which have both received fairly widespread media attention, were rated about the same.

What can be done in advance to avoid drowsy driving altogether?

Get a good night's sleep : The amount needed varies from individual to individual, but sleep experts recommend between 7-9 hours of sleep per night.
Plan to drive long trips with a companion : Passengers can help look for early warning signs of fatigue, and switching drivers may be helpful. Passengers should stay awake and monitor the driver's condition.
Take regular breaks : Schedule regular stops - every 100 miles or 2 hours, even if you don't feel tired, and more often if you feel like you need it.
Avoid alcohol and medications : If medications warn that they cause or may cause drowsiness, avoid taking them before driving. If you must take certain prescription medications that cause drowsiness, don't drive immediately after taking them.
You should never consume alcohol before driving in the first place, but it is especially important to realize that alcohol interacts with fatigue, increasing sleepiness. If you are already tired, even a small quantity of alcohol may exacerbate your sleepiness and increase your risk of crashing, even if your BAC is well below the legal limit for a DWI conviction.
Consult your physician or a local sleep disorders center : If you suffer frequent daytime sleepiness, experience difficulty sleeping at night, and/or snore loudly on a regular basis, consult your physician or local sleep disorders center for a diagnosis and treatment.
For more information about sleep, sleep disorders, and the effects of sleeping too little, visit the National Sleep Foundation web site.

When are drowsy driving crashes most likely to occur?
As intuition dictates and data confirms, most sleep crashes occur in the “middle of the night,” during the early morning hours. Less obviously, though, there is also a peak in sleep-related crashes in the mid-afternoon. Our natural circadian rhythms dictate that we will be most sleepy during the middle of our nighttime sleep period, and again about 12 hours later, between 2 PM and 4 PM, and various studies show a peak in crashes believed to be related to sleep somewhere between 2 PM and 6 PM.

What if I'm already driving and I start to feel tired? What should I do? Take a nap. Naps are beneficial when experiencing drowsiness. Find a safe place (i.e., not the shoulder of the highway) where you can stop, park your car, and sleep for 15 to 20 minutes. A nap longer than 20 minutes can make you groggy for at least 15 minutes after awakening.
If you are planning a long trip, or routinely drive for long durations, identify safe places to stop and nap. If you only have a short distance remaining (e.g., an hour or so of driving), the nap might be enough to revive you. If you still have several hours of driving planned, and you're already feeling tired, it would probably be best to find a bed for the night, get a full night's sleep, and then resume driving.

What about coffee? Won't that keep me awake?
Not necessarily. The “perk” that comes from drinking a cup of coffee may take a half hour or so to “kick in,” is relatively short in duration, and will be less effective for those who regularly consume caffeine (i.e., most people). If you're very sleepy, and rely on caffeine to allow you to continue driving, you are likely to experience “microsleeps,” in which you doze off for four or five seconds, which doesn't sound like long, but is still plenty of time to drive off of the road or over the centerline and crash.

Should I open the window or turn up the radio to fight fatigue on the road?
No. Some of these tricks may help you to feel more alert for an instant; however, they are not effective ways to maintain an acceptable level of alertness for long enough to drive anywhere. Even with the window rolled all the way down and radio cranked up, if you're sleepy, you're still an unnecessarily great hazard to yourself and to everybody else on the road. If you're sleepy enough that you're seeking special measures to stay awake, you should have stopped driving already. Look for a safe and secure place, park the car, and take a nap.

Are there any devices I can buy that will keep me awake while I'm driving?
There are a few devices on the market, some of which are worn on your body or placed in your car, that are advertised to keep drowsy drivers awake; however, to our knowledge, none of them have been scientifically validated yet. The only driver warning mechanism that has been validated to date is the shoulder rumblestrip, which produces noise and mechanical vibration if your vehicle drives on it. If you start driving onto the rumblestrip, this is an indication that you are too tired to drive safely. You should not rely on the rumblestrip to alert you every time you begin to doze off and drive off course - rumblestrips won't prevent you from crashing into other cars.

References
National Highway Traffic Safety Administration
National Sleep Foundation

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2011-11-02T10:03:00.002-04:00

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Cheriff & Fink, P.C. - In The News (Archived Items)

2011-10-07T10:43:00.002-04:00

In a case which garnered significant media attention, Ken Fink of Cheriff & Fink represented a young woman who was violently struck by a Jaguar driven at high speed in reverse on a quiet Brooklyn thoroughfare. Mr. Fink who handled the case through conclusion was interviewed on multiple occasions regarding the case. See DWI VICTIM TAKES GIANT STEP - LEARNING TO WALK AFTER LOSING LEG, JAG GAL'S ORDEAL - BATTLES AFTER LOSING LEG AND SUES DRIVER, JAG CRACKHEAD - HIT-RUN GAL IN CELL WITH COKE PIPE: DA, and DWI VICTIM TAKES GIANT STEP - LEARNING TO WALK AFTER LOSING LEG

New York, New York, August 2003 - Bruce J. Cheriff of Cheriff Cheriff & Fink, P.C. was awarded an AV rating by Martindale-Hubbell. This is the highest peer rating awarded by the prestigious Martindale-Hubbell organization. The Martindale-Hubbell AV rating indicates very high to preeminent legal ability and very high ethical standards as established by confidential opinions from members of the Bar. Generations of lawyers have relied on Martindale-Hubbell as the authoritative resource for information on the worldwide legal profession. With a history spanning more than 133 years, the Martindale-Hubbell Legal Network is currently powered by a database of over one million lawyers and law firms in 160 countries.

New York, New York, April 2002 - Kenneth S. Fink of Cheriff Cheriff & Fink, P.C. was awarded an AV rating by Martindale-Hubbell. This is the highest peer rating awarded by the prestigious Martindale-Hubbell organization. The Martindale-Hubbell AV rating indicates very high to preeminent legal ability and very high ethical standards as established by confidential opinions from members of the Bar. Generations of lawyers have relied on Martindale-Hubbell as the authoritative resource for information on the worldwide legal profession. With a history spanning more than 133 years, the Martindale-Hubbell Legal Network is currently powered by a database of over one million lawyers and law firms in 160 countries.

New York, New York, January 31, 2002 - A nationally distributed magazine owner ("Defendant") retained Bruce J. Cheriff of Cheriff Cheriff & Fink, P.C. to oppose a National Publisher's ("Plaintiff") attempt to prevent its Magazine from publishing with any publisher other than Plaintiff and to enjoin Defendant from using the bipad or any portion of the U.P.C. label associated with the publication of the Magazine. Cheriff Cheriff & Fink, P.C. successfully defeated the Plaintiff's motion for a Temporary Restraining Order. Shortly thereafter, the parties settled out of court. The magazine continues to be distributed nationally with a new publisher.

New York, New York, July 11, 2001 - In an unusual case recently resolved by Ken Fink of our office, a client of ours sustained an exacerbation of a pre-existing back injury when she tripped and fell in a New York City supermarket. While trip and fall cases are never routine, this case initially seemed fairly straightforward and uncomplicated. After contacting the store, we were put in touch with its liability insurance carrier in the hopes that our client's claims could be resolved in an amicable fashion. After exchanging medical records it became clear that a lawsuit would need to be commenced in order to resolve the case. Our office filed suit, served the Summons and Complaint upon the defendant store, and awaited an answer. A courtesy copy, as is our practice, was sent to the insurance company. The time in which a defendant must serve its answer came and went, and no papers or calls were received by our office. While this is common in cases involving uninsured defendants, it is unusual to have a carrier ignore a lawsuit as happened here. We filed a motion with the Court seeking a Default Judgment against the defendant for their failure to answer. Once again we served the papers and sent courtesy copies to the carrier. The carrier continued to ignore the lawsuit and we were granted a default judgment by the Court. At an Inquest, Bryan G. Schneider, Esq., was granted an award of $1,000,000.00, well in excess of the true value of the case, but appropriate nonetheless given the defendant's failure to appear in the action. We later entered judgment against the defendant store. We began the arduous task of attempting to locate the defendant's assets to satisfy the judgment. Having been apprised of the judgment, the defendant apparently contacted its carrier wondering why the lawsuit had been ignored. The carrier, recognizing the error of its ways, contacted our office to attempt to settle the case while plotting a strategy to vacate the judgment. Ultimately, the case was settled by Kenneth S. Fink, Esq. for $425,000.00. This figure was significantly more than we could have hoped to recover, given the facts of the case, had the defendant's carrier not neglected its duty to defend. By patiently plotting a litigation strategy and deftly responding to unforeseen events in this case, we were able to obtain an award for our client which well exceeded both our expectations and those of our client.

New York, New York, January 5, 2000 - A survey of the most requested decisions published in the New York Law Journal in 1999 contained a noteworthy decision in an action handled by our office. Our office successfully made a motion for Summary Judgment on behalf of a Plaintiff in an personal injury action arising out of a motor vehicle accident. The decision, Pesavento v. Schloendorn, NYLJ CDS#92700309, 3/10/99, was the fifth most requested Law Journal opinion of the year. Click here to see the list as published in the Law Journal. If you would like a copy of the decision, or need more information, please contact our office by phone or email. For more information regarding this and other cases, please visit our "Jury Verdicts" page.

New York, New York, March 1995 - In a matter recently concluded by our office, Bruce J. Cheriff successfully tried an action in the United States District Court for the Southern District of New York before the Honorable Judge Loretta A. Preska to obtain a significant judgment on behalf of our client against a corporation and individuals for a debt owed by a different organization and individual. See Kirby v. Kazan, et al. 94CIV1176. Our client came to us for assistance in collecting on a judgment in the sum of $103,557.71 obtained against a New York Corporation ("Husband Inc.") in Massachussetts. We assisted our client in restraining a bank account of Husband Inc. at which time Husband Inc. continued to conduct its hair salon business by forming a new corporation ("Wife Inc."). Subsequently, we instituted suit against both corporations, as well as Husband and Wife individually, alleging fraudulent conveyances. The defendants maintained that no fraudulent conveyances had taken place and that the transfer was to satisfy an antecedent debt that Husband Inc. owed to Wife. The Court disgreed with the defendants following a two day trial and found that the transfer was made for the specific purpose of shielding Husband Inc.'s assets from our client's judgment and as such was fraudulent. Following entry of the new judgment, we successfully collected in excess of $95,000.00 from the defendants in settlement of this matter.

If you would like a copy of the decision, or need more information, please contact our office by phone or email.

Representative Results - Cheriff & Fink, P.C.

2011-10-07T10:35:00.002-04:00

The following are digested from The New York Jury Verdict Reporter , and other sources. These cases are representative of some of the types of claims handled by this office.

MOTOR VEHICLE — LEFT TURN — SUMMARY JUDGMENT ON LIABILITY — HERNIATED CERVICAL DISC, POST-TRAUMATIC STRESS DISORDER

SETTLEMENT: Cecilia Pesavento v. Daniel and Noella Schloendorn Westchester Supreme

Pltf. Atty: Bruce J. Cheriff of Cheriff, Cheriff & Fink, P.C., Manhattan

Deft. Atty: Mark A. Puleo of Burke, Lipton & Puleo, White Plains

This case settled for $110,000 prior to jury selection. Pltf., a 37-year-old school psychologist, claimed that at approximately 5 PM she was injured in a motor vehicle accident that took place at the intersection of Rte. 117 and Rte. 120 in Chappaqua. Pltf. claimed that Deft. made a left turn in front of her vehicle. After depositions, Pltf. was granted summary judgment on liability.

Injuries: herniated cervical disc at C5-6, confirmed by MRI; post-traumatic stress disorder; fibromyalgia. Pltf. claimed that she was unable to return to work because of her injuries, and was unable to work anywhere for approximately 1 year. Deft. claimed that Pltf. was fired from her job as a school psychologist and that this was unrelated to the accident. Deft. would have argued that Pltf. was not disabled and that she exaggerated her injuries. Deft.'s radiologist disputed the herniation.

Carrier: Liberty Mutual.

Pltf. Experts: Pltf. would have called Dr. Gladys Cardenas, physiatrist, Rye Brook; Dr. Mark Spellman, psychologist, Manhattan.

Deft. Experts: Deft. would have called Dr. Bento Mascarenhas, rheumatologist, Wshite Plains; Dr. Charles R. Smith, neurologist, White Plains; Dr. James Morrissey, orth. surg., Yonkers.

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MOTOR VEHICLE - STOP SIGN - FRACTURES OF HUMERUS, DISTAL RADIUS, ULNAR STYLOID AND TWO METACARPALS - MEDIATION

Case name withheld at clients' request

Settlement: $750,000. A Federal Court mediation was held. The mediator continued to work for the next 3½ weeks by telephone until the matter was settled.

Pltf. Atty: Bruce J. Cheriff of Cheriff, Cheriff & Fink, P.C., Manhattan

Deft. Atty: Richard C. Prezioso of Hoey, King, Perez, Toker & Epstein, Manhattan

Pltf., a 63-year-old internist specializing in nephrology, claimed that he was driving northbound on Route 137 in Pound Ridge, when Deft., who had a stop sign facing her, entered the intersection from Upper Shad Rd. and collided with the side of his vehicle.

Pltf. testified that he first saw Deft. when he was five cars lengths away, and at that time he had no reason to believe she would enter the intersection. When he saw that Deft. was entering the intersection, he tried to avoid contact by steering to the left, but he was hit by Deft.

Deft. admitted that she never saw Pltf. until after she hit his vehicle. She also admitted that she was involved in another accident at the same intersection, with the same stop sign set against her, in 1991.

Injuries: comminuted compound fracture of the left humeral shaft; comminuted fracture of the distal radius; avulsion fracture of the ulnar styloid of the left wrist; displaced comminuted fracture through the left second metacarpal; fractured first metacarpal. These injuries resulted in permanent radial nerve palsy and slowed ulnar nerve function. Surgical procedures undertaken were: open reduction and internal fixation of the humerus including irrigation and debridement as well as exploration of radial nerve; closed reduction of dislocated distal radial ulnar joint; closed reduction interarticular distal radius fracture and application of external fixator; open reduction and percutaneous K wire fixation of left index metacarpal; and closed reduction and percutaneous pin fixation to dislocated left thumb carpometacarpal joint. Pltf. was hospitalized for 1 week. Demonstrative evidence: aerial photograph of intersection and professional photographs of pieces of Pltf.'s vehicle and articles of clothing found at the accident scene. Specials: approximately $60,000 (including lost earnings). Dr. Saperstein missed 4 weeks of work.

Pltf. Experts: Dr. Roger LaGratta, orth. surg., Danbury, Connecticut; Dr. Neil Culligan, neurologist, Danbury, Connecticut; Jerilyn Nolan, occupational therapist, Danbury, Connecticut.

Deft. Experts: Dr. Ronald Silverman, neurologist, Bronxville; Dr. Sheldon Manspeizer, orth. surg., White Plains.

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LEASE AGREEMENT, FAILURE TO TAKE POSSESSION OF OFFICE SPACE, DEFENSE VERDICT

Trans Union Corp. v. Gramercy Brokerage, Inc., 3-day trial, Jury Verdict, Eastern District, Judge: Eugene H. Nickerson

Verdict: Defense verdict (8/0). Jury: 4 male, 4 female.

Pltf. Atty: Bruce S. Luckman of Marion, Satzberg, Trichon & Kogan, Philadelphia, Pennsylvania Deft. Atty: Bernard Cheriff and Adam H. Stone of Cheriff, Cheriff &Fink, Manhattan

Facts: Pltf. sub-landlord and Deft. sub-lessee entered into a sublease agreement for 4,008 square feet of office space on Queens Blvd. in Rego Park for a term of 7 years, to begin 30 days after Pltf.'s contractor substantially completed work on the office space, pursuant to specifications attached to the lease. Deft. never took possession, claiming that the office space was not close enough to the specifications to render it "substantially complete." Pltf. claimed that the office space was substantially completed, and brought suit for the rent to be collected on the 7-year lease, including Deft.'s share of electricity, taxes, and building maintenance, plus interest. Deft. brought a counterclaim for lost profits which would have been earned in the larger office space, and for lost opportunity for a better deal on office space subsequently offered to it. The jury found for Deft. Demonstrative evidence: sublease agreement; correspondence; floor plans; mechanical and electrical plans; as-built drawings. Offer: $50,000; demand: $600, 000; amount asked of jury: $640,000. Jury deliberation: approximately 1 day. Pltf. Expert: Tori Zoraksh, P.E., engineer, Rego Park. Deft. Expert: Matthew Davis, construction manager, Manhattan.

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MOTOR VEHICLE - ROAD DEFECT - BROKEN TRAFFIC CONTROL DEVICE IN CITY INTERSECTION - SOFT TISSUE BACK AND NECK INJURIES - SETTLEMENT WITH DRIVER

(Client Name and Index Number Withheld), 4-day trial, Liability verdict; Damages verdict, New York Supreme, Judge: Sheila Abdus-Salaam

Verdict: $110,000 v. City of New York (6/0), reduced by $10,000 settlement with Brown, and further reduced to $85,000 for 15% negligence of other parties. Breakdown: $35,000 for past pain and suffering; $75,000 for future pain and suffering.

Liability: City 85%; Brown 7.6%; Pltf. 7.4% negligent. After the liability verdict, Pltf. settled with Brown for $10,000. Jury: 1 male, 5 female.

Pltf. Atty: Bruce J. Cheriff of Cheriff, Cheriff & Fink, P.C., Manhattan; Deft. Atty: Howard L. Singer, Asst. Corp. Counsel, for City of New York; John Ponterio of Tutoki & Levy, Manhattan, for Brown and Gelco Corp.

Facts: This motor vehicle accident took place at the intersection of 86th St. and Park Ave. in Manhattan. Pltf. was a 41-year-old taxi driver at the time. He claimed that the accident occurred approximately 1 hour after the traffic lights at the intersection had been reported "all out" by the 18th Precinct to the New York City Department of Transportation. Pltf. claimed that he was driving his taxi southbound on Park Ave. when he entered the intersection. He admitted that he did not notice that the traffic lights at the intersection were out. He testified that he saw Deft.'s vehicle, which was traveling west on 86th St., a few seconds before impact. Deft. Brown (7.6% liable — settled for $10,000) testified that the light was not working properly, but suddenly turned green, and she entered the intersection. Deft.'s husband, a passenger in her vehicle, corroborated her account of the accident. Deft. City (85% liable) introduced evidence that it had given notice of the problem to a lighting company, which, it claimed, arrived at the intersection within 1½ hours after it was notified, and shortly thereafter fixed the traffic control.

Injuries: spinous dysfunction. Pltf. underwent intermittent chiropractic treatment for several years. Pltf.'s expert testified that Pltf.'s injury was permanent and had not improved since the time of the accident. Pltf. testified that as a result of this accident, he was fired from his job as a taxi driver, and claimed that he is currently living in a transient hotel, because his injuries prevent him from keeping a full-time job. Deft.'s expert claimed that Pltf. suffered cervical and lumbar strains and sprains, which had resolved by the time of trial. He testified that there were no objective criteria for Pltf.'s subjective complaints. On cross-examination, the City introduced evidence that Pltf. had originally filed a tax return for the year before the accident showing $7,000 in income. The City revealed that Pltf. amended his return after the accident to show a claimed income of $78,000. Deft. argued that Pltf. was not taken to a hospital following the accident, and did not seek any medical treatment until almost 6 weeks after the accident.

Demonstrative evidence: Pltf.'s tax returns; City documents concerning the repair of the traffic control device. No offer; demand: $400,000. Jury deliberation: 1½ hours on liability; 2 hours on damages. Carrier: ITT Hartford for Brown. Pltf. Expert: Dr. Jay Rosenblum, neurologist, Manhattan.; Deft. Expert: Dr. Bruce Reitberg, orth. surg., Manhattan.

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MOTOR VEHICLE - BICYCLE - QUESTION OF WHETHER DEFENDANT'S VEHICLE WAS INVOLVED IN ACCIDENT - CLAIM THAT PERMISSION WAS NOT GIVEN TO DRIVE THE VEHICLE - BENCH TRIAL - SETTLEMENT AFTER LIABILITY DECISION IN PLAINTIFF'S FAVOR

Douglas Puchades v. John Doe and Daniel Bryson, 1-day bench trial, Southern District

Judge: Sonia Sotomayor

Decision: Bench verdict on liability for Pltf. The case settled for $62,000.

Pltf. Atty: Bruce J. Cheriff of Cheriff, Cheriff & Fink, P.C., Manhattan

Deft. Atty: Paul A. Liggio of James D. Butler, Manhattan

Facts: This accident took place on 116th St., approximately 500 feet west of 7th Ave. in Manhattan. Pltf., a 43-year-old handyman, claimed that while he was riding his bicycle on West 116th St. he was struck by Deft.'s vehicle. Pltf. claimed that the unidentified driver of Deft.'s vehicle struck him after making a U-turn on West 116th St., and that the driver then fled the scene. Pltf. testified that the driver was a black male. Pltf. noted the license plate number of the car and gave it to the police at the accident scene. The plate number, which was confirmed by an independent eyewitness, matched Deft. Bryson's car.

Deft. Bryson claimed that his vehicle was not involved in the accident, and that if it was, it was not operated with Bryson's permission or consent. Deft. argued that Pltf. did not have an independent recollection of the plate number at his deposition or at trial. Deft. testified that on the date of the accident, he was a self-employed computer specialist who resided in New Jersey, and was working from his residence as a computer consultant. Deft. is approximately 6 feet tall, has blond hair, and is of German/English ancestry. He claimed that he did not operate the vehicle at that location on the date of the accident, and had no knowledge concerning the happening of the accident. As proof, Deft. offered computer records which indicated that he was home all day on the accident date. At trial, Pltf. argued that the computer records could have been generated on any date. Deft. testified that he did not give permission to drive his car to anyone matching the alleged driver's description, and argued that he could see his car from his home all day on the accident date.

Injuries: (not before the court — settled for $62,000) herniated cervical disc at C6-7. He claimed that he was unable to work for approximately 5 months. Deft. disputed Pltf.'s claim that the disc was herniated, and contended that the injury was degenerative in nature and not related to the accident. Deft. further contended that Pltf. was fired from his job shortly after the accident for poor attendance, unrelated to his injuries.

Carrier: First Trenton Companies.

Pltf. Experts: Dr. Dennis Rossi, radiologist, Hewlett; Dr. Jane Watson, internist, Manhattan.

Deft. Expert: Dr. Ralph Olson, neurosurgeon, Manhattan.

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MOTOR VEHICLE JOGGER HERNIATED LUMBAR DISCS WITH NERVE DAMAGE

Larkin v. Estate of Dr. Hanna Adjami, 4-day trial, Verdict, Judge Bernard Fuchs, Kings Civil

VERDICT: $85,000 (5/1). Breakdown: $55,000 for past pain and suffering; $30,000 for future pain and suffering. Post-trial motions were denied. Jury: 1 male, 5 female. Pltf. Atty: Tracie A. Sundack of Cheriff & Cheriff, Manhattan, Deft. Atty: James J. Collins of McCabe & Cozzens, Mineola

Facts: The accident occurred at the intersection of Shore Rd. and 83rd St. in Brooklyn. Pltf., a 26-year-old money manager, was injured when she was struck by Deft.'s car as she jogged on Shore Rd. at approximately 8 PM. Pltf. claimed that Deft.'s car struck her from behind, knocking her onto the hood. She contended that after she fell off the hood, Deft. hit her again. Deft., who died before trial had claimed that Pltf. ran out from between two parked cars on the opposite side of the street. Liability was conceded and the trial proceeded on damages.

Injuries: herniated disc at L4-5 and L5-S1; bulging discs at C4-5 and L4-5, confirmed by MRIs; rupture of the left hamstring with a large scar from a hematoma on her thigh in the area of the rupture. Pltf.'s expert testified that her complaints of pain and restriction of movement were consistent with nerve root impingement. Deft. argued that Pltf. did not receive treatment for the bulging discs until 9 months after the accident. Deft.'s expert testified that his examination of Pltf. was negative except for a weakness in her left toe. He further testified that this was consistent with a nerve injury, but not the type of which Pltf. complained. Pltf. testified that she was not able to jog as far as she had before her accident. Pltf. further testified that she suffered severe pains in her neck when she stayed on the phone too long at work. She also claimed that she occasionally suffered from a "dead" arm if it remained in a certain position for too long. Demonstrative evidence: MRIs. Offer: $ 40,000; demand: $75,000 (policy); amount asked of jury: $300,000. Jury deliberation: 4 hours. Carrier: State Farm. Pltf. Expert: Dr. Howard Balensweig, orth. surg., Manhattan. Deft. Expert: Dr. Thomas Guthrie, neurologist, Manhattan.

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PRODUCT LIABILITY SNOW THROWER LACK OF DEADMAN'S CONTROL LACK OF ADEQUATE WARNINGS MECHANIC SUFFERS PARTIAL FINGER AMPUTATIONS AND FRACTURE, SETTLEMENT

Roger Clarke v. Montgomery Ward & Co., Toro Co., Outboard Marine Corp., Brooklyn Muffler Co. d/b/a Midas Muffler and Brake Shop, Settlement, Eastern District

Pltf. Atty: Bruce J. Cheriff of Cheriff & Cheriff, Manhattan

This action settled before trial for $90,000. Pltf., a 28-year-old mechanic employed by Deft. Brooklyn Muffler Co., claimed that he was using a Gilson Brothers snow thrower model # GIL477E to remove snow at work. The product was distributed by Deft. Montgomery Ward and manufactured by Gilson Brothers in 1970. Gilson Brothers was out of business at the time of trial and Defts. Toro Co. and Outboard Marine were successor corporations. Pltf. testified that he was attempting to remove clogged snow from the machine when he was injured. He argued that the product was defective because it was not equipped with a deadman's control which would automatically shut the impeller blade when the controller's hands left the handlebar. Pltf. also claimed that there were no instructions provided with the impeller clutch, which stopped the rotating blade. He contended that there should have been warning labels placed on the handlebars rather than near the chute, where they could be covered by snow. Defts. argued that regulations did not require a deadman's control at the time that the product was manufactured. They also contended that there were adequate warnings on the product and that Pltf. was comparatively negligent. Defts. argued that Pltf. was a mechanic and should have realized that it was dangerous to place his hands in the machine while it was running. Pltf. argued that he grew up in the Caribbean and was not familiar with the operation of snow removal equipment.

Injuries: traumatic amputation of the top quarter of the middle and ring fingers of the dominant hand; comminuted fracture of the index finger. Pltf. claimed that he was out of work for 8 months. Settlement apportionment: $10,000 was paid by Brooklyn Muffler, which also waived a $ 41,113 Workers' Compensation lien. Montgomery Ward paid $80,000. Carriers: Continental and Travelers. Pltf. Experts: Pltf. would have called Gilbert Ray, mechanical engineer, Mechanical Designs and Instrumentation Consultants, Inc., West Caldwell, New Jersey and Dr. Lancelot Young, orth. surg. and hand surgeon, Howard Beach.

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MOTOR VEHICLE QUESTION OF LIGHTS POSTTRAUMATIC STRESS DISORDER, SPASTIC COLON, AND SPRAINED SHOULDER, SETTLEMENT

James and Doreen Walsh v. Roger Gagne and F.A. Bartlett Tree Expert Co., Inc., Settlement, Nassau Supreme

Pltf. Atty: Bruce Cheriff of Cheriff & Cheriff, Manhattan

This was a $50,000 settlement, after jury selection, for a 27-year- old exterminator who was injured in a motor vehicle accident at the intersection of Powerhouse and Roslyn Rds. in Hempstead. Deft. Gagne was driving a car owned by Deft. Bartlett. Pltf. and Deft. each claimed to have had the green light. Injuries: acromioclavicular joint sprain of the right (dominant) shoulder with restriction of motion; posttraumatic stress disorder with spastic colon; cervical sprain. Pltf. was hospitalized for 2 days. Defts.' experts would have denied that Pltf.'s posttraumatic stress disorder and spastic colon were related to this accident. Carrier: Kemper. Pltf. Expert: Pltf. would have called Dr. Howard Balensweig, orth. surg., Manhattan. Deft. Experts: Deft. would have called Dr. Kirk Zachary, gastroenterologist, Manhattan; Dr. Morton Marks, neuropsychiatrist, Manhattan; and Dr. Arthur Matles, orth. surg., Manhattan.

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MOTOR VEHICLE, FAILURE TO YIELD RIGHT-OF-WAY, TORN MEDIAL MENISCUS, FACIAL SCARS, AND DENTAL INJURIES, SETTLEMENT

Paul Davis v. Christopher Marino, Settlement, Westchester Supreme

Pltf. Atty: Kenneth S. Fink of Cheriff & Cheriff, Manhattan

This action settled for $90,000 before trial. Pltf., age 36 and unemployed on the date of the accident, claimed that Deft. had a yellow light and a yield sign at the intersection of the Taconic State Pkwy. and Bryant Pond Rd. in Putnam County but failed to yield the right- of-way, striking his vehicle. Injuries: tear of the left medial meniscus requiring two arthroscopic surgeries; two chipped teeth requiring root canal; scars on the chin, forehead, and left knee; cervical and lumbar sprain. The scar on Pltf.'s forehead was keloid and could not be covered by his hair. The scar on his chin was small and did not require corrective surgery. Pltf. did not work until 1 year after the accident, when he was hired as a copy machine repairman. There were no claims of lost earnings. Carrier: Utica Mutual.

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FALLDOWN, STAIRWAY, INFANT SUSTAINS LUMBAR SPRAIN, INQUEST

Leslie Burton, indiv. and as m/n/g of Foster Burton III v. Luvia International Enterprises, Inc., Decision, Hon. Helen E. Freedman, New York Supreme

DECISION: $180,000. Breakdown: $125,000 for past pain and suffering; $50,000 for future pain and suffering; $5,000 for medical expenses. This was an inquest without a jury.

Pltf. Atty: Kenneth S. Fink of Cheriff & Cheriff, Manhattan, Deft. Atty: No appearance

Facts: Pltf., age 9 at the time, testified that he tripped and fell on the staircase in Deft.'s apartment building at 219 West 121st St. in Manhattan. Pltf. was a tenant in the building. His mother testified that the stairway was defective because tiles and the metal edging strip on one step had peeled off. She testified that she reported the condition of the stairs to the building manager on several occasions. Deft. defaulted and failed to appear at this inquest. Injuries: lumbar sprain with pain radiating into the right leg. Pltf. missed 3 months of the school term and was unable to participate in gym and recess for an additional 2 months. He was also not able to attend summer camp as he had previously done. When he returned to gym class he was able to participate with no restrictions. Demonstrative evidence: photos of the accident location; hospital records; affidavit of treating chiropractor. Pltf. Expert: Dr. Heidi Sonn, chiropractor, Manhattan (by affidavit).

******************

FALLDOWN, LOOSE CARPET SCRAPS IN APARTMENT BUILDING, COMMON HALLWAY, MULTIPLE LEG FRACTURES, INQUEST

Rajroop Sooknanan v. Ramesh Deonarin, Omar Mangroo, and Savitri and Nidudra Bhagwandeen, Decision, Judge Herbert Kramer, Kings Supreme

DECISION: $2,500,000. This was an inquest. Defts. defaulted.

Pltf. Atty: Kenneth S. Fink of Cheriff & Cheriff, Manhattan, Deft. Atty: Omar Mangroo, Pro Se, No appearance by the other Defts.

Facts: Pltf., a 32-year-old delivery van driver, testified that he fell in a common area hallway of a home owned by Defts. at 204 Norwood Ave. in Brooklyn. Pltf. was visiting his nephew at the time, who was a tenant. Pltf. testified that he tripped on a buckling in a carpet scrap on the floor. There was no wall-to-wall carpeting in the hallway, but several loose carpet scraps were placed randomly on the floor. Pltf. testified that the hallway had been in disrepair for several months and that lighting was poor. Injuries: oblique fracture of the right distal tibia; comminuted fracture of the right fibula. Pltf. underwent open reduction and internal fixation with an intramedullary rod and two screws. He developed chondromalacia in the right knee from the insertion of the hardware, and was left with several prominent surgical scars. Pltf. was out of work for 8 months. Pltf.'s orthopedic surgeon's report indicated that Pltf. has a permanent disability which limits his ability to walk, run, and step in and out of his delivery van. Note: Defts. were uninsured. Three of the four Defts. failed to appear at the inquest. Deft. Mangroo appeared and was advised by the court that if he did not appear within 30 days, the inquest will be issued against him as well. Pltf. Expert: The report of Dr. Howard Balensweig, orth. surg., Manhattan, was placed into the record by affirmation. He did not appear at this inquest.

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ASSAULT EX-GIRLFRIEND OF ASSAILANT SUFFERS FRACTURED NOSE, DEVIATED SEPTUM, AND GANGLION CYST, INQUEST ON DAMAGES

"Jane Doe" v. "John Doe", Decision, Judge Ariel E. Belen, Kings Supreme

DECISION: $400,000. Breakdown: $200,000 for past pain and suffering; $200,000 for future pain and suffering. Pltf. was granted summary judgment on liability, and this was an inquest on damages.

Pltf. Atty: Bruce J. Cheriff of Cheriff & Cheriff, Manhattan, Deft. Atty: No appearance

This action arose out of an assault that occurred at Pltf.'s residence when Deft., Pltf.'s ex-boyfriend, broke into her apartment and assaulted her. Pltf. was a 31-year-old bookkeeper at the time. She testified that Deft. kicked down the door and then punched her, hit her with the phone, and tried to choke her with the phone cord. Pltf. testified that she was able to lock herself in the bathroom until police arrived. Deft. was arrested and subsequently pleaded guilty to assault. Injuries: displaced nasal fracture with thickened left nasal bone and deviated left nasal septum; ganglion cyst on right wrist requiring surgical removal; bruised ribs. Pltf. testified that she still suffers from headaches, recurring nightmares, diminished sense of smell, and chronic sinus problems and congestion. Her physician recommended that she undergo rhinoplasty. Demonstrative evidence: photographs. Pltf. also produced the hospital records and affidavit of her treating otolaryngologist, Dr. Donald Weisman, Manhattan. Offer: $27,000 payout ( withdrawn); demand: $35,000; amount asked of court: $500,000.

******************

MOTOR VEHICLE, PASSENGER, FRACTURED CLAVICLE, SETTLEMENT

Fira Popovic v. Jacob Popovic, Settlement, Queens Supreme

Pltf. Atty: Bruce J. Cheriff of Cheriff, Cheriff & Fink, Manhattan

This $60,000 settlement, before jury selection, was for a 68-year-old woman who was injured in an accident on the Van Wyck Expwy. in Queens. Pltf. was a passenger in a vehicle owned by her son, Deft. Jacob Popovic, and operated by her husband. Pltf. s husband lost control of the car on the slippery road and collided with a guard rail. Pltf. was previously granted summary judgment on liability. Injuries: comminuted fracture of the left clavicle; cervical radiculitis. Pltf. claimed that the injury did not heal properly, and she required a bone growth stimulator. Deft. s orthopedist would have testified that there were no objective findings to substantiate Pltf. s complaints of continued pain. He also would have claimed that the fracture healed properly. Pltf. Expert: Dr. Howard Balensweig, orth. surg ., Manhattan. Deft. Expert: Dr. Donald Forman, orth. surg., Bellerose.

******************

MOTOR VEHICLE CAR STRIKES PEDESTRIAN AND PARKED CAR HIT-AND-RUN PEDESTRIAN AND PASSENGER SUSTAIN HERNIATED AND BULGING DISCS, INQUEST

Zhanna Aybinder, indiv. and as p/n/g of Gennady Aybinder; Semyon Aguvayev; and Regina Aybinder v. Anthony Fiore and "John Doe", 1-day trial, Decision, Kings Supreme, Judge: Luigi R. Marano, Decision: $100,000 for Gennady Aybinder. $50,000 for Semyon Aguvayev. $35,000 for Regina Aybinder. Deft. did not answer the Summons and Complaint, and Pltfs.' motion for default judgment was granted.

Pltf. Atty: Adam H. Stone of Cheriff, Cheriff & Fink, Manhattan, Deft. Atty: No appearance

Facts: The accident occurred on East 18th St. near Ave. T in Brooklyn. Pltf. Gennady Aybinder, age 14 at the time, was loading packages in Pltf. Semyon Aguvayev's car while Aguvayev and Regina Aybinder were waiting in the front seat. Pltfs. claimed that Deft. Fiore's car sped around the corner, and the driver lost control and struck Gennady and then Pltfs.' car. The driver of Deft.'s car left the scene, but Pltfs. were able to note the license plate number. Deft. did not answer the Summons and Complaint, and Pltfs.' motion for default judgment was granted.

Injuries: Gennady Aybinder (age 14 $100,000 award) herniated disc at L3-4; bulging discs at C3-4, C4-5, C6-7; cervical and lumbar radiculopathy; concussion. Semyon Aguvayev (a 31-year-old student $ 50,000 award) bulging discs at L4-5, L5-S1, C4-5, and C5-6, impinging on the thecal sac; cervical and lumbar radiculopathy. Regina Aybinder (19-year-old student $35,000 award) cervical and lumbar strain/sprain with cervical and lumbar radiculopathy. Demonstrative evidence: police report; doctor's affirmations; medical records. Pltf. Expert: Dr. Alexander Berenblit, neurologist, Brooklyn (by affirmation). Deft. Expert: There was no expert testimony for Deft.

******************

MOTOR VEHICLE PEDESTRIAN TOLL COLLECTOR CROSSING TOLL PLAZA STRUCK BY HIT-AND-RUN VEHICLE CHONDROMALACIA AND FRACTURED COCCYX, SETTLEMENT

Barbara Ann Cesaro-Benson v. Ryder Truck Rental, Inc. and " John Doe", Settlement, Southern District

Pltf. Atty: Bruce J. Cheriff of Cheriff, Cheriff & Fink, P.C., Manhattan

This $85,000 settlement, immediately before summations, was for a 23- year-old New York Thruway toll collector who was struck by a Ryder truck while she was crossing the Toll Plaza in New Rochelle. Pltf. claimed that the truck left the scene after the accident without stopping. Deft. denied that one of its trucks was involved in the accident. Injuries: chondromalacia of the left knee; fractured coccyx; exacerbation of pre-existing asymptomatic pars fracture in the back. Pltf. missed 9 months of work. She underwent knee surgery. Deft. contended that Pltf.'s low back pain was caused by a subsequent car accident, denied that Pltf.'s other injuries were caused by the accident at bar, and denied that Pltf. had fractured her coccyx. Demonstrative evidence: models of the spinal column and knee; photograph of the accident scene; X-rays; hospital records. Offer: $50,000 before trial: demand: $75,000.

Pltf. Experts: Sergeant Christopher Fiore, accident reconstruction, Albany (also was one of the responding State troopers); Dr. John Rigney, radiologist, Chappaqua; Dr. Stanley Sonn, treating chiropractor, Bronx; Dr. Howard Balensweig, orth. surg., Manhattan. Deft. Expert: Dr. William Kulak, orth. surg., Manhattan.

******************

The following case was succesfully argued before the Appellate Division, Second Department, by Kenneth S. Fink, of Cheriff Cheriff & Fink, P.C. The case is reprinted here courtesy of West.

Pizzi v. Anzalone, 689 N.Y.S.2d 224, N.Y.A.D. 2 Dept.,1999 - May 3, 1999.

(1999 N.Y. Slip Op. 03919)

Plaintiff in personal injury action moved to set aside verdict in defendants' favor, and for new trial. The Supreme Court, Kings County, G. Aronin, J., granted motion. Defendants appealed, and the Supreme Court, Appellate Division, held that trial court did not improvidently exercise its discretion by setting aside verdict, and ordering new trial, in light of defendant's posttrial admissions that he testified untruthfully at trial as to factual matters material to the verdict.

Affirmed.

West Headnotes

Key Cite Notes

275 New Trial

275II Grounds

275II(G) Surprise, Accident, Inadvertence, or Mistake

275k90 k. Testimony and Conduct of Witness. Most Cited Cases

Trial court did not improvidently exercise its discretion by granting personal injury plaintiff's motion to set aside verdict on basis that it had been procured by fraud, misrepresentation, or other misconduct, and ordering new trial, where defendant made posttrial admissions that he testified untruthfully at trial as to factual matters material to the verdict. McKinney's CPLR 5015(a), par. 3.

**224 Gladstein & Isaac, New York, N.Y. (Dennis M. Karsch, Emily Diamond, and Brian J. Isaac of counsel), for appellants.

Cheriff, Cheriff & Fink, P.C., New York, N.Y. (Bernard Cheriff and Kenneth S. Fink of counsel), for respondent.

MEMORANDUM BY THE COURT.

***1 *374 In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (G. Aronin, J.), dated March 5, 1998, which granted the plaintiff's motion, inter alia, pursuant to CPLR 5015(a)(3) to set aside a verdict in their favor and against him, and ordered a new trial.

ORDERED that the order is affirmed, with costs.

In light of the posttrial admissions by the defendant Anthony Anzalone that he testified untruthfully at trial as to factual matters material to the verdict, the Supreme Court did not *375 improvidently exercise its discretion in granting the plaintiff's motion, inter alia, pursuant to CPLR 5015(a)(3) to set aside the verdict on the ground that it had been procured by fraud, misrepresentation, or other misconduct, and ordering a new trial (see, LaPaglia v. Sears Roebuck & Co., 143 A.D.2d 173, 531 **225 N.Y.S.2d 623; Trapp v. American Trading & Prod. Corp., 66 A.D.2d 515, 414 N.Y.S.2d 11; Cohen v. Crimenti, 24 A.D.2d 587, 262 N.Y.S.2d 364).

N.Y.A.D. 2 Dept.,1999.

END OF DOCUMENT

Copr. (c) West 2001 No Claim to Orig. U.S. Govt. Works

Columbus Day

2011-10-06T14:11:00.003-04:00

In observance of Columbus Day, our offices will be closed on Monday, October 10, 2011.

We will be closed in observance of Rosh Hashanah - 9/28-9/29/11

2011-09-28T08:02:00.003-04:00

We will be closing early on Wednesday, September 28th and will be closed on Thursday, September 29th and Friday, September 30th for Rosh Hashanah. To those who celebrate, we wish you a happy and healthy new year!

Scan Our New QR Code to Visit Our Website

2011-09-13T09:33:00.001-04:00

Our New and Expanded Contact Information

2011-08-30T15:20:00.006-04:00

Effective September 1, 2011, you will have several additional ways to contact our offices. As always, we can be reached at our NYC address and phone. You can also reach us at our two new locations on Long Island and in Westchester. Ken Fink will be heading up our Hewlett, Long Island office and Bruce Cheriff will be at the helm of our Westchester/Mount Kisco location. Appointments with Mr. Cheriff and Mr. Fink will be by appointment only.

Cheriff & Fink, P.C. - New York City Office

2 Rector Street - Suite 2104

New York, New York 10006-1893

Phone 212-285-4100 - Fax 347-708-9911

Cheriff & Fink, P.C. - Long Island Office

1234 West Broadway, Suite 107 - Lower Level

Hewlett, New York 11557-1927

Phone 516-569-1890 - Fax 347-708-9911

Cheriff & Fink, P.C. - Westchester Office

PO Box 0985, Mount Kisco

New York 10549-0985

Phone 914-242-2042 - Fax 347-708-9911

Visit us on the web

twitter - @cfpclaw

aim - simonsfink (Ken Fink) / bjch007 (Bruce Cheriff)

Like us on facebook

Read our blog

Cheriff & Fink, P.C. is Expanding!

2011-08-03T16:31:00.003-04:00

We are happy to announce the opening of an office on Long Island to help better serve the needs of our clients. In addition to our New York City location, we are now open (although we won't be fully moved in for another month) at 1234 West Broadway, Suite 107 Lower Level, Hewlett, New York 11557 - Tel. 516-569-1890 / Fax 347-708-9911. Watch for info soon regarding our new Westchester location too!

Meet Our Summer Law Clerk - Albina Gertsberg

2011-06-01T10:15:00.002-04:00

Albina Gertsberg just completed her first year at New York Law School. She was born in Ukraine but grew up in Brooklyn, NY. She went to CUNY Baruch College for her undergraduate education and majored in English. In Albina’s spare time, she likes to read, write, cook, and travel. She’s also looking forward to gaining some hands-on legal experience at Cheriff & Fink, P.C. over the summer.

Meet Our Summer Law Clerk - Angela Hoffman

2011-05-31T14:27:00.002-04:00

Angela Hoffman just completed her second year at Cornell Law School. She was raised in Indiana and completed a B.A. in Philosophy and Political Science at Indiana University in May 2009. Last summer, she worked at the Homeless Action Center in Oakland, California, helping homeless people secure disability benefits.

In her free time, Angela enjoys hiking, cooking, music, photography, and traveling. This is Angela's first time living in New York City, and she is loving every minute of it!

2011-05-26T12:07:00.002-04:00

We are now on Twitter @cfpclaw

What a way to start a week...

2011-04-11T09:34:00.001-04:00

We are experiencing issues with incoming phone calls bouncing directly to voice mail. Verizon is working on the problem. If you need to reach us today (Monday, April 11, 2011), your best bet is email or cell. Thanks.

2011-02-18T12:03:00.001-05:00

In observance of Presidents' Day, our office will be closed on Monday, February 21, 2011.

Driving in the Snow

2011-01-27T12:00:00.003-05:00

With New York experiencing one of the snowiest winters in years, Cheriff & Fink, P.C. would like to share with our clients the following article from the weather.com website. We are bringing this article to you courtesy of The Weather Channel. Be careful out there!

Driving in Snow and Ice

The best advice for driving in bad winter weather is not to drive at all, if you can avoid it.

Don't go out until the snow plows and sanding trucks have had a chance to do their work, and allow yourself extra time to reach your destination.

If you must drive in snowy conditions, make sure your car is prepared (TIPS), and that you know how to handle road conditions.

It's helpful to practice winter driving techniques in a snowy, open parking lot, so you're familiar with how your car handles. Consult your owner's manual for tips specific to your vehicle.

Driving safely on icy roads

Decrease your speed and leave yourself plenty of room to stop. You should allow at least three times more space than usual between you and the car in front of you.
Brake gently to avoid skidding. If your wheels start to lock up, ease off the brake.
Turn on your lights to increase your visibility to other motorists.
Keep your lights and windshield clean.
Use low gears to keep traction, especially on hills.
Don't use cruise control or overdrive on icy roads.
Be especially careful on bridges, overpasses and infrequently traveled roads, which will freeze first. Even at temperatures above freezing, if the conditions are wet, you might encounter ice in shady areas or on exposed roadways like bridges.
Don't pass snow plows and sanding trucks. The drivers have limited visibility, and you're likely to find the road in front of them worse than the road behind.
Don't assume your vehicle can handle all conditions. Even four-wheel and front-wheel drive vehicles can encounter trouble on winter roads.

If your rear wheels skid...

Take your foot off the accelerator.
Steer in the direction you want the front wheels to go. If your rear wheels are sliding left, steer left. If they're sliding right, steer right.
If your rear wheels start sliding the other way as you recover, ease the steering wheel toward that side. You might have to steer left and right a few times to get your vehicle completely under control.
If you have standard brakes, pump them gently.
If you have anti-lock brakes (ABS), do not pump the brakes. Apply steady pressure to the brakes. You will feel the brakes pulse — this is normal.

If your front wheels skid...

Take your foot off the gas and shift to neutral, but don't try to steer immediately.
As the wheels skid sideways, they will slow the vehicle and traction will return. As it does, steer in the direction you want to go. Then put the transmission in "drive" or release the clutch, and accelerate gently.

If you get stuck...

Do not spin your wheels. This will only dig you in deeper.
Turn your wheels from side to side a few times to push snow out of the way.
Use a light touch on the gas, to ease your car out.
Use a shovel to clear snow away from the wheels and the underside of the car.
Pour sand, kitty litter, gravel or salt in the path of the wheels, to help get traction.
Try rocking the vehicle. (Check your owner's manual first — it can damage the transmission on some vehicles.) Shift from forward to reverse, and back again. Each time you're in gear, give a light touch on the gas until the vehicle gets going.
More Tips

Sources: National Safety Council, New York State Department of Motor Vehicles, Washington State Government Information & Services

Snow Storm Further Update

2011-01-27T11:32:00.002-05:00

CPFC is open as of 11 am this morning. Bruce is in the office and Ken is working remotely from Long Island. If you are off today, enjoy the snow day. Be careful out there! It's slippery on the roads and sidewalks!

Snow Storm Update

2011-01-27T07:04:00.002-05:00

Due to the snow storm in NYC, our office is experiencing a delayed opening today. While we may be staffed later in the day, we are still available today via voicemail and email. Stay warm and safe!

Happy Holidays from Cheriff & Fink

2010-12-16T18:25:00.002-05:00

Dear Friends,

As was the case last year. when the time arose to order this year’s holiday card, we decided to, once again, go “green” with our choice. Understanding that most cards do not survive the holiday season, we take pride in continuing Cheriff & Fink’s new tradition of e-holiday cards. Whether on paper or via email, our sentiment remains the same. Best wishes for a happy, healthy and prosperous holiday season and new year!

All the best,

Bruce and Ken
Cheriff & Fink, P.C.

Happy Thanksgiving from Cheriff & Fink!

2010-11-24T10:15:00.004-05:00

Happy Thanksgiving from Cheriff & Fink. For those of you who viewed the Thankgiving Parade from our former office space, click to visit our FACEBOOK page and click on the photos tab to see pictures from those years.

Ken Fink Interviewed by USA Today, August 2010

2010-08-26T14:17:00.003-04:00

Ken Fink recently was interviewed by USA Today for his opinion on construction of a mosque near Ground Zero. Watch it here.

NAM Fishing Trip

2010-07-16T08:31:00.004-04:00

Allen Irgens, Law Clerk

Jil Simon, Law Clerk

Ken Fink

Bruce Cheriff

The firm attended and very much enjoyed the annual fishing outing on Long Island hosted by National Arbitration and Mediation (NAM).

Our Summer Interns - 2010

2010-07-14T13:01:00.006-04:00

Jil Simon will be starting at Cardozo Law School in August. She recently ended her tenure as Director of Operations for Playbill Inc. to pursue her legal education. Jil earned her BA from Vassar College in 2004 and lives on Manhattan's upper west side with her wonderful husband. She loves New York City and especially her proximity to Central Park. Her hobbies include cooking, photography, and the gentle-needle arts.

Allen Irgens just completed his 2L at New York Law School. Originally from Edgerton, Wisconsin, Allen attended the University of Wisconsin-Madison and graduated in May of 2006. At the UW, he majored in Biology and Zoology. After school he worked in an Ophthalmology and Visual Science Research lab at the University of Wisconsin-Madison.

Allen came to New York for law school because of the many opportunities and experiences available to him. He hopes to concentrate in tort and medical malpractice law. In Allen's spare time, he likes to read, listen to music, watch the Milwaukee Brewers, and spend time with his friends.

Allen worked last summer and throughout his 2L year at our firm.

Snow Day

2010-02-09T20:25:00.003-05:00

Our office will be closed on Wednesday, February 10, 2010 due to inclement weather in the New York City area. We expect to reopen for regular business on Thursday, February 11, 2010.

How To Avoid A Slip And Fall | Slip And Fall Prevention In Ice and Snow

2010-02-09T16:16:00.003-05:00

With the weather forecasters calling for upwards of 18 inches of snow in the next day in the New York City area, we hope these reminders can help keep our clients and friends safe.

While walking on sidewalks and in public places, or entering and exiting your car or truck, DO NOT underestimate the dangers of snow and ice.

Each winter slip and fall accidents claim the lives of hundreds and leave thousands more with devastating injuries. Even when surfaces do not look especially icy or slippery, it is very possible that a thin sheet of transparent ice is covering your pathway putting you at serious risk. When you approach a sidewalk or roadway that appears to be covered with ice or snow, always use extreme caution.

The following 9-tip checklist can help you avoid the possibility of a broken bone that could easily lead to an expensive surgery and a long recovery:

1. Take sidewalks whenever possible. If there is no sidewalk and the street is clear, and you have no other choice, walk against the flow of traffic and stay as close to the curb as possible. Avoid walking in the streets at all costs if possible. Remember, cars and trucks slip and slide, too!

2. If it’s an emergency, and you can’t avoid the street, wear bright or reflective clothing.

3. Wear clothing that does not restrict your vision. Stay warm, but DO NOT impair your vision with hoodies, ski masks, scarves, hats, etc. This type of clothing could prevent you from spotting icy conditions that may lead to a fall or not enable you to see a car that is spinning out of control.

4. Snow and ice cause havoc quickly, so use extra caution when crossing roadways, and always cross at designated crosswalks.

5. Ice can easily hide under a light dusting of snow. Just because you don’t see the ice doesn’t mean it’s not there waiting for your unsuspecting footfalls.

6. When walking on unfamiliar sidewalks or roads, keep your eyes open, as you may not have knowledge of where potential danger exists.

7. If you can’t avoid the ice and snow, bend your knees slightly and take slower, shorter steps to help reduce the chance of a slip and fall and an injury.

8. If forced to use the steps at someone’s home, apartment, or other public facility, walk slow and take shorter steps when descending. The same is true of driveways and other hilly terrain; these areas can be very dangerous when they become slippery with ice or snow. Steps especially can be hard to clear and build up ice easily.

9. Be aware of overhead hazards! Falling icicles and chunks of ice kill hundreds of innocent people each year. Icicles can build up in size very quickly. Their size and dagger-like formation are extremely dangerous for pedestrians. Again, each year, hundreds of people are killed by falling ice, so be aware of what’s happening above you, and stay clear from the edges of buildings.

If you were injured as the result of a fall due to slippery/icy roads, parking lots, or sidewalks, feel free to contact our office to discuss your rights.

Overview of New York City Subway, Bus, and Rail Accidents

2010-02-02T16:17:00.006-05:00

Millions of people ride public transportation in our city every day, trusting the transit authority to get them where they need to go safely. But when accidents happen and passengers or pedestrians are injured, injury victims must get the care and coverage they need to recover. At the New York City law office of Cheriff & Fink, P.C., we represent injury victims who have suffered in accidents on a New York City bus, subway or rail line.

Cheriff & Fink, P.C. has extensive experience providing injury victims and their families with the comprehensive legal support and advocacy they need. In the last few years alone, our office has been retained and brought to successful conclusions cases where our clients suffered serious injuries in the following scenarios:

Client's car was struck by a LIRR train;
Client suffered serious injuries when he was hit by a City bus;
Client was injured when her hand was caught in a subway door that malfunctioned; and,

for many other clients who fell and suffered injuries because of dangerous conditions on buses and in the subway.

We can help you. We have extensive experience providing injury victims and their families with the comprehensive legal support and advocacy they need. If you or a loved one has been injured in a subway or bus accident, on the Long Island Rail Road, Metro-North Railroad or due to negligence or carelessness by the NYC Transit Authority, the Metropolitan Transit Authority (MTA), or other city or state agencies, contact our office today for a free consultation and case evaluation.

If you have been injured in an accident on a New York City bus or subway, you must file your notice of claim with the appropriate entity within ninety days of the subway or bus accident, otherwise your claim may be barred.

Sometimes third parties are at fault in these accidents, such as other drivers. We will act quickly to determine who is at fault and take every step necessary so that the liable parties are held responsible for your care, coverage, and compensation.

Injuries sustained in a subway or bus accident may be caused by:

Bus collisions
Slip and fall inside the bus or subway
Getting crushed or caught in the subway doors
Being dragged by the subway
Sudden stops
Assault on the bus or subway
Negligent maintenance
Negligent equipment installation

We also represent individuals in pedestrian injury claims when they have been hit by a bus or subway.

We provide attentive and responsive service. We will listen to you, carefully evaluate all of your needs, and guide you throughout every step of the legal process. You likely will have major concerns about your medical care, paying for medical treatment, lost wages, and taking care of your family. We will handle the insurance issues and exhaust all available options to respond to your needs and ease your worries. We try to settle claims outside of court, but if litigation becomes necessary we are highly reputable and skilled trial lawyers.

Cheriff & Fink, P.C. - Email Newsletter, February 2, 2010

2009-12-11T15:11:00.002-05:00

Dear Friends,

When the time arose to order this year’s holiday card, we decided to go “green” with our choice. Understanding that most cards do not survive the holiday season, we take pride in sharing with you Cheriff & Fink’s first ever e-holiday card. Whether on paper or via email, our sentiment remains the same. Best wishes for a happy, healthy and prosperous holiday season and new year!

All the best,

Bruce and Ken
Cheriff & Fink, P.C.

Happy Thanksgiving From Cheriff & FInk, P.C.

2009-11-24T13:42:00.003-05:00

Meet Our Summer Law Clerks

2009-06-17T15:27:00.005-04:00

Allen Irgens

Allen Irgens just completed his 1L at New York Law School. Originally from Edgerton, Wisconsin, Allen attended the University of Wisconsin-Madison and graduated in May of 2006. At the UW, he majored in Biology and Zoology. After school he worked in an Ophthalmology and Visual Science Research lab at the University of Wisconsin-Madison.

Allen came to New York for law school because of the many opportunities and experiences available to him. He hopes to concentrate in tort and medical malpractice law. In Allen's spare time, he likes to read, listen to music, watch the Milwaukee Brewers, and spend time with his friends.

Ross Kaplan

Ross Kaplan recently completed his second year at New York Law School and from there is planning to specialize in Mental Disability law. He was born and raised in Long Island and graduated in 2007 with a B.A. from Colby College where he majored in History and minored in Jewish Studies.

Ross is an avid Yankees fan (despite how much Bruce and Ken feel otherwise) and ardent Zionist who enjoys travelling, going out with friends to ball games, museums, concerts and improv shows, and playing baseball and tennis. He is looking forward to getting a hands-on legal experience clerking at Cheriff & Fink this summer.

Meet Our Law Clerk - Rebecca Mopper

2009-02-23T17:40:00.003-05:00

Becca Mopper is currently a 1L at New York Law School. Originally from Atlanta, Becca attended the University of Georgia and graduated in May of 2008. At UGA, she majored in Political Science and International Affairs. She also minored in Spanish. Becca misses the weather in Georgia but loves the New York atmosphere. She came to New York for law school because of the many opportunities available to her and she hopes to concentrate in international law. At New York Law School, Becca is a member of Lawyers without Borders and the criminal law advisory board. In Becca's spare time, she likes to read, listen to music, work out, and spend time with her friends.

Happy Holidays from Cheriff & Fink, P.C.

2008-12-18T15:20:00.002-05:00

Auto Accident checklist

2008-09-19T12:11:00.003-04:00

It’s very difficult to keep a cool head after an motor vehicle accident. Gathering evidence, talking to witnesses on the scene, taking photographs and taking down important information is the last thing you want to deal with following a jarring and perhaps traumatic event. If, however, you want to make sure you are covered, and ultimately compensated, for all of the damage done, you will need to keep track of the facts, the paperwork, and the people involved. Following is a checklist of information you will need to help support the duration and depth of your personal injury/pain and suffering claim. You can use this checklist to organize your information, information you will ultimately use to discuss your claim with an insurance company or to hand over to an attorney. The Accident- Driver information (Obtain and exchange information with all other drivers (Name, license number, tag number, insurance company name, policy number)- Photographs (Your injuries, damage to all vehicles, scene of the accident) - Police report (Get a copy of the accident report if police responded) - Witnesses (Keep a record of all names, addresses, phone numbers, and email addresses) After the Accident - Medical expenses (Log all office visits, prescriptions, over-the-counter medications, laboratory services, physical therapy, hospital visits, treatments, medical documents, and x-rays, including names, dates of visits, amount charged, and reasons for seeing the medical providers.) - Lost work time (Keep a log of all time taken off from work as a result of the accident, including time off for medical treatments and/or the inability to function properly at work due to your injuries. Get a letter from your employer verifying pay and lost time.) - Lost school time (Document all lost school time and/or inability to continue with school work as you did before the accident.) - Photographs (Continue to take photographs of your injuries at different times after the accident. Write the date on the back of the photo.) - Witnesses (Contact them for a written statement before too much time lapses) - Pain, discomfort, emotional distress, fatigue, tenderness, inconvenience, etc. (Keep a daily log of your thoughts, feelings and experiences on a day-to-day basis, documenting how the injuries have interfered with your daily life and relationships.) - Car repair estimates and/or bills - Out of pocket expenses (Keep records/receipts of everything you’ve paid for out-of-pocket relating to or as a result of injuries suffered in the accident. For example, heating pads, ace bandages, child-care expenses, cancellation of a vacation trip or event, clothing, taxi service or rental car, etc.) What You Need to Know:Seek medical attention immediately after an accident! Diligently follow through with all medical treatments. Do not answer any questions from the other side’s insurance company or attorney or sign any forms without approval from your attorney. Do not settle your case until all necessary medical expenses, present and future, are known. Keep copies of everything (all documents, bills, medical records, etc.).

Will Drafting Basics

2008-09-19T12:11:00.000-04:00

While not a topic people like to address, the need for a will is something most everyone should think about. Some people think that only the very wealthy, or those with property need a will. That's simply not true. If you have kids or pets, you need a will. If you want to leave something to a friend or relative you need a will. If you want to make your final wishes clear you need a will. Dying isn't a matter of if, but rather of when. You need to make sure that your wishes are carried out after you're gone.
Estate Planning Information Checklist
Collecting the following information ahead of time will save you time (and money) in your estate planning lawyer's office:
- Names and addresses of your immediate family members, other beneficiaries, and people you would like to serve as executors, trustees and guardians for your children
- Bank account information, such as balances, account numbers, locations of accounts and safe deposit boxes
- Pension and retirement account information, including IRAs, Keoghs, profit sharing plans, stock options and government benefits
- Detailed description of any stocks and bonds owned, and the location where they're stored
- Insurance policy information, including policy location and beneficiaries, as well as a copy of the actual policy
- An inventory list of valuable and sentimental personal possessions, including family heirlooms
- Copies of community property agreements, prenuptial or postnuptial agreements, divorce decrees and any previous wills or will codicils
- An overall description of your income sources and assets, including real estate
- Information about any trusts you may have created or benefit from
- A list of debts you owe, including amounts and to whom they are owed, as well as a list of debts that are owed to you
- A list of specific "bequests" you want to make in your will, such as "$5,000 to my niece"
- Recent tax returns (from at least the past three or four years)
- A list of any assets not included above
Questions for Your Attorney
Using an attorney to create your last will and testament will help minimize the tax impact on your heirs, and make life easier for your executor (sometimes called a personal representative) after your death.
Among the questions to consider asking your lawyer:
- How do you charge for your services?
- How can I reduce the taxes that my beneficiaries will owe after I die?
- Do you see any potential problems with the bequests I want to make?
- Have I made all of the necessary arrangements to take care of my young children?
- How frequently should I update my will?
If you have questions, feel free to call us at 212-285-4100.

Welcome To Our Summer Interns

2008-06-02T13:57:00.003-04:00

This summer, we are fortunate to have three law students interning/clerking at our office. All three come to us with impressive resumes and educational credentials. Bios of our new clerks are below:

Nicholas Delis

Education: Boston University (B.A., Cum Laude, Political Science, 2006); Vermont Law School (J.D., Anticipated May 2009); Managing Editor, Vermont Law Review

Nick enjoys playing basketball, tennis and swimming. He is an avid reader and particular enjoys the work of Tom Wolfe, Kurt Vonnegut, and Malcolm Gladwell. He plans on practicing law in Massachusetts or New York after graduation.

Kerry Anne Hoffman

Education: Cardozo School of Law (Candidate for Juris Doctor, June 2010); College of the Holy Cross (B.A., Sociology, 2007)

Kerry is a rising 2L at the Benjamin N. Cardozo School of Law and a graduate of the College of the Holy Cross. At Cardozo, she participates in the Courtroom Advocates Project (CAP), helping battered women obtain Orders of Protection from their abusers. Kerry is also the Technology and Special Projects Coordinator of the Student Life Committee. She works in the Admissions Office at Cardozo as a tour guide. She will be participating in the Cardozo Bet Tzedek Legal Services Clinic for the 2008-2009 academic year. Kerry is very excited to get hands-on legal experience clerking at Cheriff & Fink.

Tiffany Miller

Tiffany writes: My name is Tiffany Miller and I am currently a second year law student at Thurgood Marshall School of Law in Houston, Texas. I am originally from Brooklyn, New York where, I am currently spending the summer with my family. This summer I am employed as a law clerk at Cheriff & Fink P.C. To date, it has been a great experience, which has allowed me to obtain practical experience in the realm of personal injury. I am a member of Phi Alpha Delta Legal Fraternity and the Thurgood Marshall School of Law Ambassadors. In my spare time I enjoy jogging and rollerblading.

Cheriff & Fink's Thanksgiving Day Pictures

2007-11-02T16:51:00.001-04:00

For about a decade, up until our office relocation in 2004, we hosted clients and friends at a party overlooking the Macy's Thanksgiving Day Parade from our offices on Broadway at West 57th Street.

Recently, with the update of our website, www.cf-lawyers.com, we removed those photos from the site.

Below are links to the old Thanksgiving photos:

Thanksgiving Pictures
Old Thanksgiving Pictures

Gavel to Gavel

2007-05-04T08:32:00.000-04:00

A case currently being litigated by our office was reported on by Tom Tracy in Courier Life Publications' Gavel to Gavel column on April 21, 2007:

"A Bath Beach woman is digging her heels into a negligence suit against one of the city’s most elegant restaurants – Tavern on the Green on Manhattan’s Upper West Side. In her lawsuit filed April 9 by her attorney Bruce Cheriff, the woman claimed that she was at the swanky eatery at 10:15 p.m. on August 12, 2006 when she tripped and fell on the dance floor. Her fall was caused when one of her heels got caught into a small gap on the dance floor and she lost her balance, the suit claims. “As a result of this accident, the plaintiff suffered serious personal injuries, some of which may be permanent,” the suit asserted without indicating the extent of the woman’s injuries. The discovery of the “hazardous” gaps in the dance floor did not come as a surprise to restaurant employees, the lawsuit states. “The defendant had actual knowledge and notice of the defective, dangerous and/or trap-like condition,” the suit states. “The condition existed for a sufficient length of time prior to the accident,” the plaintiff’s lawyer’s alleged. “The defendants in the exercise of reasonable care and upon proper inspection could have and should have had such notice [about the condition.]” Officials at Tavern on the Green had no comment as this paper went to press."

Court Finds Complaint Adequately Alleges Negligent Misrepresentation for Failure to Disclose Material Fact

2007-01-18T08:44:00.000-05:00

As reported in the New York Law Journal on Wednesday, January 17, 2007, Cheriff & Fink, P.C. successfully defeated a motion to dismiss brought by four defendants in an action to recover damages resulting from sewage leakage onto our clients' residential real property. Ken Fink successfully argued the motion before Justice McMahon in the Supreme Court of the State of New York, Richmond County late last year. For a complete text of the decision, click on the image above.

Bed Bugs - A Serious Problem

2006-10-13T14:03:00.000-04:00

“DON’T LET THE BED BUGS BITE”

Odds are you have probably heard or uttered the saying, "Don't let the bed bugs bite." Of course no one actually falls asleep expecting to wage a battle with menacing bugs all night. Most people do not even realize that bedbugs actually exist. According to several leading pest control companies, however, reports of bed bug infestations are on the rise in recent years. The brown colored bugs, resembling apple seeds, are attracted by human body heat, and are reportedly causing serious problems in residential buildings, hotels and motels across the New York City metropolitan area.

Bed bugs live in mattresses, carpets, clothing, luggage, bedding and furniture. Any infestation requires a professional chemical treatment, which can be quite expensive. Recently, Plaintiffs have successfully pursued actions against building owners, and hotel and motel operators based upon negligence and fraud because these entities knew of bed bug infestations, but failed to properly treat the problem.

Bed bugs can be a physical and financial nightmare for people sleeping in an infested room. Bites may leave large red welts and have caused reactions in people allergic to the bugs' saliva. Using clothing and luggage as a method of transportation, bedbugs can travel home with a hotel guest after they have checked out. Often people are forced to hire expensive exterminators, throw out infested clothing and bedding and move out of their homes until a full extermination is completed.

If you have been the victim of bed bug infestation, it may be important to contact an attorney who can help you protect your legal rights. Please keep in mind that there may be time limits within which you must commence suit.

Kenneth S. Fink (updated 2/13/12)

2006-10-13T13:44:00.002-04:00

Profiles of Our Attorneys

Kenneth S. Fink (updated 2/13/12)

Bar Admissions: New York (1992), New Jersey (1991), United States District Court for Southern District of New York (1993), United States District Court for Eastern District of New York (1993), United States District Court for District of New Jersey (1991).

Education: Brandeis University (B.A., Cum Laude, Politics, 1988); Yeshiva University - Benjamin N. Cardozo School of Law (J.D. 1991); Cardozo Moot Court Board (n/k/a Moot Court Honor Society) - Member (1989-90).

Professional: Member, New York State Trial Lawyers Association, and Nassau County Bar Association. Ken runs our Long Island office located in Hewlett, New York. He handles a variety of civil litigation and transactional matters. He is available by appointment only in both our Hewlett and New York City offices. To reach Ken directly by telephone, call 516-569-1890.

Professional Honors: Awarded AV rating by Martindale-Hubbell (April 30, 2002).

Miscellaneous: Resides in Nassau County on Long Island's South Shore; Married to Dr. Jacqueline Simons; 2 Children, Jacob and Harrison; Former Vice President/Member of Board of Trustees, Former Chairman, Legal Committee, Temple Hillel, North Woodmere, New York; Current Board of Directors/President, Joseph and Esther Mandel Foundation, Inc.; Former Board Member and Former President, Temple Hillel Men's Club, North Woodmere, New York; Former Interim Co-President, Former Vice President; Former Secretary, Former Member Board of Trustees, Executive Board Member, The Brandeis School, Lawrence, New York; Current Travel Coach, Intertown Coordinator and Coach, and Former Intramural Soccer Coach, Hewlett Lawrence Soccer Club, Hewlett, New York; Commissioner and co-founder of cf-lawyers.com fantasy baseball league ; Co-honoree at 2010 Brandeis School Annual Dinner Dance; Co-honoree at 2005 Temple Hillel Annual Dinner on behalf of UJA-Federation of New York, 5/19/05; Co-chair, Connections/UJA Federation of New York/Long Island, 2006 South Shore Project Mitzvah: Families In Community Service on the South Shore.

Foreign Language: Proficient in Hebrew

Email: ksfink@cf-lawyers.com and ksfink@gmail.com

AIM: simonsfink; Skype: ksfink; twitter: @ksfink / @cfpclaw; LinkedIn Profile

Bruce J. Cheriff (updated 11/12/11)

2006-10-13T13:39:00.000-04:00

Bruce J. Cheriff

Bar Admissions: New York (1987), United States District Court for Southern District of New York (1988), United States District Court for Eastern District of New York (1988).

Education: University of Rochester (B.A., History, 1983); American University: Rome, Italy (1982); Western New England College School of Law (J.D. 1986); Law Review Member 1984-85; Topics Editor 1985-86.

Publications: Western New England Law Review (Vol. 7, Issue 2, 1984): "Recent Decision: In re Jadd", 391 Mass. 227, 461 N.E.2d 760 (1984).

Professional: Member, New York State Trial Lawyers Association and Westchester County Bar Association. Bruce is a Fee Dispute Arbitrator for the Unified Court System's Ninth Judicial District.

Professional Honors: Awarded AV rating by Martindale-Hubbell (August 2003).

Personal: Bruce, his wife, three children, two dogs and a bunny rabbit reside in Northern Westchester. When Bruce is not writing briefs, doing research, or trying cases, he plays softball, tennis, and football Sunday mornings. Bruce is a former Recording Secretary for Chappaqua AYSO and is certified by the National Youth Sports Coaches Association (NYSCA) and by the American Youth Soccer Association (AYSO).

About Our Firm

2006-10-13T13:35:00.000-04:00

Cheriff & Fink, P.C.

Firm Overview

We are a small general practice law firm providing large firm capabilities and service accompanied by the personal attention to detail only a firm of our size can offer. This permits us to serve a broad spectrum of clients ranging from individuals to large corporations.
Cheriff & Fink, P.C. offers a wide array of legal services including civil litigation, real estate, corporate and business law, estate planning, and entertainment law.

The scope of our experience is unusual for a firm of our size. We pride ourselves in our ability to accurately analyze a client's needs and respond in a responsible, cost effective, prompt and professional manner. Our fees are usually less than those of other firms because of our sensible staffing and prudent use of associates and law clerks.

Areas of Practice

Civil Litigation

A. Negligence Litigation

We represent individuals injured as a result of the negligent and intentional acts of others. Typically, these matters include accidents involving motor vehicles, commercial or residential premises, municipalities or public authorities, wrongful death and defective and dangerous products. Intentional acts might include false imprisonment, unlawful arrest, assault and battery. Drawing on decades of experience in negligence litigation, we assist our clients in every facet of their cases - from a thorough and complete investigation of the facts and circumstances surrounding the incident through jury trial. Many of our colleagues refer their personal injury clients to our office because of our expertise and the results we obtain.

B. Commercial Litigation

Our clients are individuals and businesses who rely on our trial and litigation experience to represent them in all facets of commercial litigation. For example, we represent clients in breach of contract actions, insurance disputes including bad faith claims, accounting malpractice, real property disputes, creditors rights, fradulent conveyance actions, and in matters involving the collection and enforcement of substantial judgments, just to name a few. Cheriff & Fink represents plaintiffs and defendants at both the trial and appellate levels, in federal and state courts, as well as at arbitrations and mediations. Our clients include real estate owners, developers, banks, employment agencies, importers, exporters, medical and dental professionals, retailers, wholesalers, and people in the entertainment industry.

Commercial and Corporate Practice

Our attorneys have extensive experience in counseling clients regarding the legal aspects of their businesses. This work includes representing and advising both established large corporations, as well as individuals just starting out in business. We represent purchasers and sellers of businesses, startup companies in a variety of transactional and litigation scenarios. We attempt to bring full service legal advice to our business clients. By working with our clients and their non-legal advisors, we meet the needs of our clients head-on. This work includes the preparation of shareholder, partnership, employment, and consulting agreements; buy-sell agreements; and other contractual matters.

Real Estate

In addition to drafting and negotiating commercial leases, we represent purchasers and sellers of residential and commercial real estate. At any given time, our attorneys are involved in matters ranging from the sale of a studio cooperative apartment to the purchase of a commercial premises.

Estate Planning

We counsel our clients in estate planning and administration. This work includes the preparation of wills, trusts, living wills, health care proxies, and probate and administration of estates.

Firm Philosophy

Cheriff & Fink's philosophy is driven by the twin guiding principles of providing effective professional representation and establishing and maintaining long lasting attorney-client relationships. We are committed to being responsive to the needs of each client and to providing counsel and advice which enables the client's business and individual needs to expand and prosper in the long term. We believe that close, personal attention is the surest means of achieving these goals and of providing the proper foundation for a valued long-term relationship.

NYC Personal Injury Law - Cheriff & Fink, P.C.

2006-10-13T12:40:00.000-04:00

To our clients, colleagues, friends and visitors,

Cheriff & Fink, P.C. is proud to welcome you to our first foray into online blogging.

We anticipate using this site as a way of communicating with you about our office and practice areas. Feel free to visit us here supplementing our website http://www.cf-lawyers.com/.

We hope you find the information helpful and look forward to your feedback.

Bruce J. Cheriff & Kenneth S. Fink

Cheriff & Fink, P.C.
Attorneys At Law
2 Rector Street - Suite 2104
New York, New York 10006-1893
Phone (212) 285-4100
Fax (212) 285-4101

Visit us on the web at http://www.cf-lawyers.com/.

Visit our blog at http://www.nycpersonalinjury.blogspot.com/.