Abend & Silber, PLLC

06/21/2022

We support Hillary Gingold for NY County Surrogate's Court Judge.

08/14/2020

Ethics & Civility Webinar at NYSTLA. Josh Silber will moderate this webinar with an all-star line up including Judges Barbara Kapnick (Appellate Division, First Department), Eileen Rakower, (NY Supreme Court) and acclaimed trial attorney Ben Rubinowitz. This Ethics webinar will inform participants about the import of courtroom demeanor during trial from the perspective of a trial lawyer engaging the jury hearing a case, the trial judge presiding over the trial and the appellate judge reviewing the record. Our distinguished panel will discuss several cases, but will focus on one notable case tried by Mr. Rubinowitz in front of Judge Rakower that was subsequently brought up on appeal to a First Department Panel that included Justice Kapnick. This unique and engaging discussion will provide multiple perspectives on how to try a case with zeal, while also being mindful of the bounds of professional responsibility.

This Ethics webinar will inform participants about the import of courtroom demeanor during trial from the perspective of a trial lawyer engaging the jury hearing a case, the trial judge presiding over the trial and the appellate judge reviewing the record. Our distinguished panel will discuss sever...

07/31/2020

The New York Child Victim Act gives survivors of child sexual abuse until August 13, 2020 to bring lawsuits that were previously time-barred by the statute of limitations, no matter when the abuse occurred. Our latest filing of 5 cases against Rockefeller University Hospital is a perfect example of why this law is so important!

Child Sexual Abuse at Rockefeller University Hospital

02/07/2020

The New York Child Victim Act is a new law that gives survivors of child sexual abuse until August 13, 2020 to bring lawsuits that were previously time-barred by the statute of limitations, no matter when the abuse occurred. Our latest filing is a perfect example of why this law is so important!

Lawsuit Filed Against Modern Orthodox Jewish School Salanter Akiba Riverdale (SAR) Academy Under New York Child Victims Act

12/17/2018

Medical negligence destroys lives and the right to seek compensation in our courts is getting more and more difficult as hospitals and medical practices become more corporate... Tonight HBO will air the documentary “Bleed Out” which examines one particularly tragic case.

According to Joanne Doroshow, the Executive Director of the Center for Justice & Democracy “it shows how medical errors destroy patients' lives, ruins families, the astronomical medical costs of negligence, the costs to taxpayers, the stupidity of tort reform, the difficulty of bringing litigation especially where tort reform exists, fraudulent records, a completely messed up health care system and the massive number of preventable errors.”

The trailer is available here:
https://www.hbo.com/documentaries/bleed-out

04/16/2018

Tonight and tomorrow, the New York State Trial Lawyers Institute will present "Trying Your First Case" offering an overview of the trial process with an all star line up of seasoned trial attorney's and judges, chaired by Josh Silber. Faculty include Hon. Adam Silvera, Hon. Barbara Kapnick, Michael Jaffe, Bob Genis, David Golomb & Robin Gregory.

03/17/2018

New Yorkers lost a great representative today. RIP to Rochester's Louise Slaughter who served 16 terms in Congress and was New York's senior member of the House of Representatives. She was a passionate fighter for women's rights and patient's rights... on the side of justice, always. We will miss her greatly!

A House member from upstate New York, Ms. Slaughter championed women’s rights, food safety and the Affordable Care Act.

01/02/2018

We support Lavern's Law, passed by both the Assembly and the Senate and hope the Governor will sign it into law.

More than groups are urging Cuomo to sign a bill to make it easier for victims of misdiagnosed cancer to get their day in court.

08/24/2017

From this weeks "President's Post" of the New York State Trial Lawyers Association, a nice feature about the top rated Continuing Legal Education Program, the New York State Trial Lawyers Institute, where Josh Silber proudly serves as a Dean, helping to curate continuing ed courses in personal injury cases, medical malpractice cases and related subjects of interest to trial attorneys.

07/14/2017

Something democrats and republicans can agree on... insurance companies are the only ones who benefit. They'll keep collecting premiums regardless but they never want to pay claims.

It's not the government's role to declare the value of a person’s life.

05/04/2017

Ask yourselves why nursing homes don't want neglect cases heard before a jury? Of course they would prefer to keep these cases out of court, but who does that help? The owners and shareholders of nursing homes, that's who! And at the expense of patient safety. Another disgusting example of the "profits over people" mentality of the current administration. One day it might be your loved one in that nursing home... don't let them take away your constitutional right to a jury trial one of the last level playing fields out there. It is not a consensual waiver when when it is buried in legalese in a 10 page document that a nursing home patient has to sign to be admitted. Awful.

Some of the most heart-wrenching stories of abuse, mistreatment and neglect you’re likely to hear involve nursing homes. As America’s baby boomers age, and nursing home populations continue to ...

04/13/2017

We are deeply saddened by the death of Judge Sheila Abdus-Salaam, who served as an Associate Judge of the New York Court of Appeals. Josh Silber noted that "as a young lawyer, I first met Judge Abdus-Salaam in NY County Supreme Court where she presided in a medical malpractice part. She was always very kind and compassionate and particularly to young lawyers like me. I was thrilled for her when she was elevated to the Appellate Division just a few blocks from our office and enjoyed seeing her in the neighborhood regularly. It was exciting for all New Yorkers when she became the first African American woman to be elevated to NY's Court of Appeals in Albany. I will miss her warm greetings and intelligent conversation. This is a real loss for progressive justice in New York."

Judge Abdus-Salaam, who joined the State Court of Appeals in 2013, was pulled from the river by the police on Wednesday afternoon.

03/07/2017

We are proud to support the Women's Caucus of the New York State Trial Lawyers Association tonight as they present the Lenore Kramer Award to Judge Douglas McKeon, a true champion of Civil Justice!

FOURTH ANNUALNYSTLA WOMEN'S CAUCUS RECEPTION Hosted by Women's Caucus Co-Chairs Helene Blank, Michele Mirman, & Meryl Schwartz

12/07/2016

The medical profession has its own “white wall of silence” that underscores how difficult it is to get doctors to testify against other doctors in malpractice suits.

Not unlike the “blue wall of silence” wherein police officers hesitate to testify against other officers’ misdeeds, the medical profession ...

11/08/2016

2016 Super Lawyers Announcement: Abend & Silber Selected

Richard Abend and Josh Silber were recently named to the 2016 Super Lawyers List for Metro New York in their primary practice areas ...

10/10/2016

RIP Kings County District Attorney Ken Thompson - Only 50 years old. Big loss for the justice system and the people of Brooklyn.

Brooklyn District Attorney Ken Thompson died Sunday, several sources said.

08/22/2016

Recent Efforts to Reduce Crane Accidents in New York City

In February 2016, a crane being lowered flipped over when struck by 20 mph winds, sending its 565-foot-long arm plummeting ...

08/15/2016

Richard Abend was recently quoted in an article stating if the decision is upheld, “it will result in the denial of justice to nursing home residents that have been the victims of negligence” and will remove “a powerful incentive” for nursing homes to provide quality nursing care.

As much as we’d like to think it doesn’t happen, there have been numerous reports of our elderly loved ones ...

08/08/2016

Vision Zero and Efforts to Reduce Injuries and Deaths on New York Streets

New York City Mayor Bill de Blasio announced in January 2014 the City’s adoption of Vision Zero to reduce fatal accidents on ...

08/01/2016

What You Should Do if You Get Hit by a Car in New York City

According to the U.S. National Traffic Safety Administration, more than 4,000 pedestrians are killed and over 70,000 pedestrians are injured ...

07/22/2016

Medical Malpractice in New York: Why You Need an Attorney

According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S. after ...

06/09/2016

Congratulations Josh Silber, Chair of the New York State Trial Lawyers Association's Judiciary Committee on receipt of the 2016 NYSTLA Defender of Justice Award!

01/18/2016

Justice is such an abstract concept. We fight everyday for justice for our clients... we fight for what we believe is right and just. Martin Luther King was a fighter for justice and his words continue to inspire us everyday. On a day such as this, still at the dawn of a new year we pause to reflect on our mission: the pursuit of civil justice.

"The whirlwind of revolt will continue to shake the foundations of our nation until the bright day of justice emerges."
- MLK, from the "I have a Dream" speech.

11/09/2015

Our client, an elderly woman who was seriously inured in a nursing home, is one of the first in NY State to be forced out of court and into arbitration due to a fine print term in the 25 pages of materials that were signed when she was admitted to the nursing home...

We are fighting the case and hope to get her case out of corporate controlled arbitration and back to court. Read the NY Times series on "forced arbitration" and understand that this a society changing issue.

http://www.nytimes.com/2015/11/08/opinion/sunday/arbitrating-disputes-denying-justice.html?ref=opinion&_r=1

Corporations have stacked the deck in setting up a system that protects them in most cases of consumer grievances.

02/16/2015

Josh Silber to Chair NYSTLA's "Trying Your First Case: Everything You Wanted to Know but Were Afraid to Ask" on February 18, 2015 and February 25, 2015.

Josh Silber to Chair NYSTLA's

01/15/2015

We are proud to congratulate Justice Eugene Fahey of The New York State Supreme Court, Appellate Division, 4th Department (Buffalo) on his nomination to The NYS Court of Appeals, the highest court in the state.

Josh Silber, Co-Chair of The NYS Trial Lawyers Association's Judiciary Committee met with Justice Fahey and the other candidates late last year during the judicial screening process and was highly impressed with Judge Fahey's qualifications. "Judge Fahey was a SUNY graduate who became a trial lawyer, then a City Court Judge, a NYS Supreme Court Justice and eventually an Appellate Division Justice. In spite of his important positions, he remained extraordinarily humble and deeply respectful of the lawyers and litigants who appeared before him. I have no doubt he will do the same on The Court of Appeals. Everyone in New York benefits by having someone with Judge Fahey's background on the bench"

First appointed to the fourth division appellate division by Pataki

09/11/2014

Tonight on 103.9 Long Island News Radio Josh Silber sits in with the Stephanie O Show to discuss medical malpractice and whether the deaths of Joan Rivers and Robin Williams could have been prevented. Tune in!

Long Island's 24 Hour News and Information Station.

05/15/2014

This should be an interesting panel discussion about the practice of insurance and tort law from the perspective of all stakeholders.

04/07/2014

The Power of Civil Accountability... people over profits... reasons why our civil justice system is the last great equalizer!

The recall of 2.6 million GM cars has been dominating the headlines lately. We’ve learned about the 13 lives taken as a result of GM’s faulty ignition switch. We’ve learned how GM knew about the problem over a decade ago, but chose to keep quiet. We’ve learned how federal regulators tasked with ensu...

02/28/2014

Pedestrians don't have it easy on many streets in NYC. And while real New Yorkers love to boast about their jay walking prowess, many pedestrians are hit by cars in crosswalks, with the light in their favor due to aggressive or inattentive drivers. The author's suggestion that narrower, "better landscaped" roadways are the clear and proven fix is very over simplified.

How urban design facilitates pedestrian casualties.

10/25/2013

Yet another example from the world of insurance claim denials.... Insurance companies have no problem selling policies and collecting premiums, but they'll go to great lengths to avoid paying claims. Like selling flood insurance to Heartland Brewery and then denying the claim because they are in a flood zone???

Four New York Plaza was closed for three months after Sandy. Rather than get money to rebuild, its insurance carriers sued. Uncommon? Hardly.

10/21/2013

Must See TV... Great summary of the infamous McDonald's coffee case, "the most widely misunderstood story in America" -- watch it yourself and be the judge/jury.

In 1992, Stella Liebeck spilled scalding McDonald’s coffee in her lap and later sued the company, attracting a flood of negative attention. It turns out there was more to the story.

09/30/2013

Congratulations to Richard Abend and Josh Silber on being selected to the 2013 Super Lawyers List! Super Lawyers is a publication of Thompson Reuters which compiles its list of top attorneys based on independent research and peer reviews. Super Lawyers chooses no more than 5% of the total lawyers in the state for inclusion on their list.

07/02/2013

People are talking about the cases the Supreme Court got right in the last couple of weeks but there were also several cases that will have a devastating effect on consumer rights. Arbitration clauses are dangerous!! Don't sign them if you can avoid them!!!

The Supreme Court has further limited the ability to sue corporations.

05/07/2013

We congratulate the Honorable Sheila Abdus-Salaam on her confirmation as Justice of the New York State Court of Appeals, our state's highest court. Having known Justice Abdus-Salaam (formerly of New York County Supreme Court and the Appellate Division, 1st Dept.) for many years we are confident that the people of New York will continue to be well served by a court we can all be proud of.

Governor Andrew M. Cuomo today announced that the New York State Senate confirmed Sheila Abdus-Salaam, an Associate Justice of the Appellate Division of the New York State Supreme Court, to serve on the New York State Court of Appeals. Justice Abdus-Salaam is the first African-American woman to serv...

04/25/2013

"The right of jury trial in civil cases at common law is a basic and fundamental feature of our system of federal jurisprudence which is protected by the Seventh Amendment. A right so fundamental and sacred to the citizen, whether guaranteed by the Constitution or provided by statute, should be jealously guarded by the courts." Parklane Hosiery Co., Inc. v. Shore, 439 U.S. 322, 352 (1979) (Rehnquist dissenting).