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Ben B. Rubinowitz

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf

42 years of experience
Civil Rights, Legal Malpractice, Medical Malpractice ...
New York

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Practice Areas

Civil Rights: Americans with Disabilities Act (ADA), Discrimination, Employment, Fair Housing, Police Misconduct, Privacy Law

Legal Malpractice

Medical Malpractice: Birth Injury, Medical Misdiagnosis, Pharmacy Errors, Surgical Errors

Personal Injury: Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death

Products Liability: Drugs & Medical Devices, Motor Vehicle Defects, Toxic Torts

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Fees

Free Consultation

Jurisdictions Admitted to Practice

New York
Since 1982

U.S. District Court, Southern Districts of New York
Since 1982

U.S. District Court, Eastern Districts of New York
Since 1982

Languages

English: Spoken, Written

Professional Experience

Managing Partner: Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf; Current

Education

Maurice A. Deane School of Law at Hofstra University: J.D.; 1981

Boston University: B.A.; 1978; Honors: magna cum laude, Phi Beta Kappa

Awards

Robert E. Keeton award for excellence in teaching: National Institute for Trial Advocacy; 2014

Best Lawyers, Lawyer of the Year: Best Lawyers

"Top 100" lawyers in the New York Metro area: New York Times

AV rating: Martindale-Hubbell Law Directory

Rated by Super lawyers: Super Lawyers

Professional Associations

New York State Bar # 1767201: Member; Current

The Inner Circle of Advocates: Member; Current

The International Academy of Trial Lawyers: Fellow; Current

International Society of Barristers: Fellow; Current

The American Trial Lawyers Association: Member; Current

New York State Trial Lawyers Association: Dean; Current

New York State Bar Association: Member; Current

New York County Lawyers Assocation: Member; Current

American Board of Trial Advocates: Past President of the New York City Chapter; Current

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Publications

Articles & Publications

Wrongful Death: Voir Dire as a Bridge to Summation: New York Law Journa; October 27, 2014

Videotaping IMEs: a Corollary to Defense Surveillance: New York Law Journal; August 26, 2014

Making the Most of Omissions: When Critical Facts Are Left Unsaid: New York Law Journal; June 23, 2014

Direct Examination of the Economist: New York Law Journal; May 19, 2014

Case for the Rhetorical Question as a Summation Technique: New York Law Journal; February 24, 2014

Exposing Expert Witness' Bias During Cross: Collateral Attack: New York Law Journal; December 23, 2013

Turning the Table: Cross-Examining IME Doctor Using Video of Exam: New York Law Journal; October 28, 2013

Summation: More than a Final Argument, New York Law Journal: New York Law Journal; August 26, 2013

The Use of Video Depositions at Trial: New York Law Journal; July 15, 2013

Preparing For and Defending Against the Collateral Attack: New York Law Journal; April 29, 2013

Focusing on the Witness’ Answers and Asking Follow Up Questions: New York Law Journal; February 22, 2013

Trying a Labor Law Case With a Sole Proximate Cause Defense: New York Law Journal; January 9, 2013

Cross Examination: Comparison of Different Approaches: New York Law Journal; October 23, 2012

Oratory Techniques for Effective Opening Statements and Summations: New York Law Journal; September 11, 2012

Controlling Witnesses on Direct and Cross: New York Law Journal; June 19, 2012

Aggravation of a Pre-Existing Medical Condition: New York Law Journal; April 23, 2012

Examining the All-Purpose Expert: New York Law Journal; December 29, 2011

Proving Liability Through Injuries: New York Law Journal; October 28, 2011

Good As Gold: Using Analogies and Short Stories In Summation: New York Law Journal; June 28, 2011

Dealing with Damages In Voir Dire and Summation: New York Law Journal; April 25, 2011

Depositions: An Important Tool for Trial: New York Law Journal; April 23, 2011

Using The Internet As A Tool For Cross Examination: New York Law Journal; February 28, 2011

Common Mistakes on Direct Examination: December 28, 2010

Proving Your Case Through Adverse Witnesses: November 1, 2010

Preserving and Protecting the Trial Record: August 30, 2010; August 30, 2010

The Adverse Direct Examination of a Defendant Doctor: July 6, 2010

Cross Examination, Dealing With Changing Testimony: From Set Up to Knock Down: April 22, 2010

Exposing Biased Testimony on Cross: February 23, 2010

Control During Cross Examination: Stopping The Run Away Witness: November 19, 2009

Dealing With Weaknesses and Maintaining Credibility: October 20, 2009

Trial of A Soft - Tissue Knee Injury Case: August 27, 2009

Rethinking The Chronological Presentation of Evidence: July 28, 2009

Jury Selection: Dealing With Damages in Era of Tort Reform Trial Advocacy: December 23, 2008

The Cross Examination of the Defense Economist: October 31, 2008

The Art of Jury Selection: Working With Challenges: August 28, 2008

Cross-Exam of Vocational Rehabilitation Experts: July 31, 2008

Getting the Big Picture: using Exhibits Throughout a Trial: July 31, 2008

Prep is Key to Cross-Examining Medical Witness: May 29, 2008

Focusing on the Negative in an Independent Medical Exam: May 15, 2008

Focusing on the Negative in an Independent Medical Exam: May 15, 2008

Redirect Examination: November 29, 2007

Proving Damages in a Wrongful Death Case: October 23, 2007

Jury Selection: Time Constraints and Weaknesses in Cases: August 29, 2007

Using Operative Terms From Jury Charge in Cross-Exam: July 26, 2007

Authoritative Texts and Cross-Exam of Medical Experts: July 6, 2007

Compendium of Trial Advocacy Drills: NITA; 2006

Hypothetical Questions on Cross: December 29, 2006

The Use of Hypothetical Questions as Weapons at Trial: October 31, 2006

Common Mistakes and Simple Remedies: September 21, 2006

Introduction of Exhibits in Civil Cases: July 25, 2006

Continuing to Try Your Case After the Summations: May 4, 2006

Impeachment With a Prior Inconsistent Statement: January 6, 2006

Who's Up First? Issues Related to Order of Summation: October 25, 2005

The Trial of a Soft Tissue Injury Motor Vehicle Case: September 21, 2005

The Virtue of Patience: Setting Up Expert Witness on Cross-Exam: July 27, 2005

The Opening Statement in the Herniated Disc Case: May 5, 2005

Medical Malpractice: Using Defendants' Evidence Against Them: December 30, 2004

Voir Dire in Medical Negligence Cases: A Plaintiff's Perspective: October 28, 2004

Tips on Narrative Direct Examination: September 23, 2004

The Use of Photographs in Personal Injury Cases: July 29, 2004

Direct Examination of a Hostile Witness,: May 6, 2004

The Cross Examination of the Radiologist in a Soft Tissue Case: November 3, 2003

Economic Testimony: From Lay Witness to Economist: July 31, 2003

Cross-Examination of Medical Doctors: Recurrent Themes: May 3, 2003

The Freeze-Frame Technique: A Method for Exposing Key Points: November 29, 2002

Direct Examination is an Overlooked Art Within Trial Practice: October 29, 2002

The Voice of Reason: A Powerful Approach to Cross Examination: August 19, 2002

Cross-Examination: The Basics: July 31, 2002

Dealing With Monetary Damages from Voir Dire to Summation: November 29, 2001

The Tale of the Tape: Dealing with Video Surveillance of Your Client: October 29, 2001

The Use of the Analogy During Trial: September 22, 2001

The Use of the Rhetorical Question on Summation: May 16, 2001

Direct Examination of a Medical Expert: November 28, 2000

The Opening Statement: October 24, 2000

Cross-Examination of a Medical Expert: Collateral Attack: August 22, 2000

Cross-Examination of a Medical Expert: July 25, 2000

Jury Selection: May 23, 2000

View More Publications ›

Speaking Engagements

Representing Patients Who Have Been Injured Through Medical Negligence, National Winter Urologic Forum: January 2011

Opening and Closing Statements: Masters Program, February and March 2011

How to Commence a Civil Lawsuit, Depositions: New York State Bar Association; May 2011

Lecture and Demonstration to the Advocates, Edinburgh, Scotland: Team Leader

Basics of Civil Practice -- The Trial: New York State Bar Association; November 2011

Successful Cross Examination of Experts: St. John's Law School

Decisions 2011: NYSTLA

Medical Malpractice, Winter Urologic Forum: January 2012

The Trial of a Medical Malpractice Case- Opening Statement: Suffolk County Bar Association; April 2012

Sucessful Trial Techniques -- Direct and Cross Examination: Dutchess County Bar Association

Medical Malpractice, National Urologic Conference: January 2013

Opening Statements in a Medical Malpractice Case: Fordham Law School; February 2013

Examination of Medical Experts in the Catastrophic Injury Case: New York State Trial Lawyers Association; April 2013

Direct and Cross Examination Skills: Fordham Law School

Winning Opening Statements: Cardozo Law School; November 2013

Successful Opening Statements, Anatomy of a Trial Program: New York City Bar Association; November 2013

Basics of a Civil Trial Program: New York State Bar Association; November 2013

Trial Practice, State-Wide Conference for the Judiciary, White Plains, NY: The New York State Judicial Institute; 2014

Medical Malpractice, The National Urologic Conference, Colorado: January 2014

Mastering the Deposition: New York Women's Bar Association; June 2014

Recent Developments in Trial Practice including Wrongful Death, Personal Injury and Medical Malpractice Cases, Decisions: New York State Trial Lawyers Association; September 2014