The State of New York has lost one of its most beloved leaders with the death of former governor Mario Cuomo of heart failure in January at the age of 82. Cuomo served as New York’s chief executive from 1983 until 1994, and was often considered a potential candidate for President of the United States, though he never sought the nomination. He retired from politics after a failed bid for a fourth term as governor.

In the 1980s, though, during the height of his governorship, he and his family were embroiled in a legal battle that garnered substantial media attention. Cuomo’s father-in-law, Charles Raffa, a wealthy business owner in New York, was severely beaten in a mysterious attack, and left incapable of managing his own affairs. Members of his family sought to have a conservator assigned to manage his affairs, as they could not agree on how the affairs should be handled.

Supreme Court Justice Sebastian Leone in Brooklyn appointed Harvey A. Sackstein, Esquire, the late founding partner of Sackstein Sackstein & Lee, LLP, to evaluate the situation. After a full investigation and assessment of the matter, Mr. Sackstein reported to the court that Mr. Raffa lacked capacity to manage his own affairs, and Mr. Sackstein recommended that a conservator be appointed for Mr. Raffa. Attached is an article that provides a detailed account of the protracted battles that ensued: Mario Cuomo’s All-Star Family Feud Source: NYMAG.com
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Tragedies can occur when one least expects it, as is the case for an unfortunate elevator serviceman a few weeks ago. On Friday, January 9th, 2015, a 30-year-old mechanic began work in an elevator shaft at 75 West End Avenue at or around 11:30 A.M. Two mechanics were scheduled to work on the elevators in the rental complex, West End Towers, which was developed in 1994 by developers The Brodsky Organization. At some point during maintenance, the elevator shaft above the mechanic had fallen three floors and pinned him underneath. He was reported dead on the scene. An investigation is currently underway as to the exact details of what had occurred.

The FDNY had arrived on the scene to investigate that evening. “There was some movement in the elevator between the first floor and the basement,” FDNY deputy assistant chief Roger Sakowich said, “[t]he elevator that crushed the man had been three floors above when it moved.”

The fatal accident seems to have been years in the making. Around an hour after the incident occurred, emergency vehicles began to collect outside of the building. An NBC reporter spoke to a few tenants who remarked on the poor maintenance of the elevators. Ryan Sher, a tenant of West End Towers, stated that the elevators in the buildings “have been a mess for years.” Further investigation of building records show that 12 elevator citations have been issued dating back to 2003.

The Brodsky Organization issued this statement: “The Brodsky Organization is deeply saddened by the tragic accident and we extend our sincere condolences, thoughts and prayers to his family, friend and co-workers at this time.” The company did not offer further statements regarding the situation.

Unfortunately these sorts of accidents are not as rare of an occurrence as one might think. The attorneys at Sackstein Sackstein & Lee, LLP are dedicated to fight for the rights of our clients who might fall victim to hazardous worksite accidents. The story of this tragedy is one of many, but worth sharing for the lesson that anything can happen in the blink of an eye. If you find yourself or a family member as a victim, know that you are not alone.

The attorneys at Sackstein Sackstein & Lee, LLP will fight to protect your rights. To learn more about our firm, please contact us online or call us on our toll-free line at 516-248-2234 to be connected with one of our attorneys.

Study Shows Similar Accident Rate to Drunk Driving

In a national study involving more than 9,000 drivers, the NHTSA (National Highway Traffic Safety Administration) found that one in four persons driving under the influence of marijuana was more likely to have a motor vehicle accident than persons not driving while stoned.

However, the statistics were significantly different from those for drinking and driving. Studies generally show that a person with a .08 blood alcohol content or higher (the legal limit in most states) is four times as likely to be in a car accident as someone who is sober. According to the NHTSA, the likelihood of a crash rises almost exponentially as the BAC goes up. For example, persons with a .15 blood alcohol content or higher have a 12-fold likelihood of a motor vehicle collision.

Researchers acknowledge that there are specific challenges to determining whether a person is technically “driving under the influence” of marijuana. For purposes of the study, researchers concluded that a driver “tested positive” for driving under the influence of marijuana if there was any THC (tetrahydroconnabinal) in the driver’s system at the time of the accident. This can be misleading, as THC tends to linger in fatty tissue long after a person has used marijuana, and long after the high is gone.

Researchers say that, because of this challenge, there may have been many who technically tested positive, but who were not under the influence of marijuana at the time. If those people are removed from the study, the percentages who were involved in crashes goes much higher.

Officials warn, though, that this is not reliable evidence that driving under the influence of marijuana is safer than driving under the influence of alcohol. They cite extensive research that indicates that consumption of marijuana slows down reflex time, impairs judgment and impacts awareness.
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To set up an appointment with an experienced New York motor vehicle accident injury lawyer, contact our office online or call us toll free at 888-519-6400. Your first consultation is free of charge.