Lawyer Sued For Missing Medical Malpractice Suit Filing Deadline

In April 2008, a Great Neck, New York attorney was sued because he missed the deadline for submitting paperwork to the court for a medical malpractice claim. The claim alleged that a New York urologist bungled a penile implant procedure.

The lawsuit against the attorney, Ira Podlofsky of the law firm Podlofsky, Hill, Orange & Modzelewski, was filed in Brooklyn Federal Court. Podlofsky was accused of missing the deadline for filing the necessary court papers by six months.

According to the claimant, Christopher Isabella, Podlofsky and his firm failed to file suit in a timely manner and carelessly allowed the statute of limitations to expire. Isabella was not only back to his previous state of impotence, but as a result of Podlofsky’s error, was unable to recover damages from the doctor who botched the operation. Isabella sought $10 million in damages from the Podlofsky for legal malpractice.

At the time of the surgery in 2004, Isabella was a carpenter living in Queens with his wife Natasha. He alleged that he suffered severe injuries when the doctor who installed the implant neglected to remove a foreign device after performing the surgery.

Isabella's new lawyer Peter Gordon described the doctor’s mistake as “boneheaded.”

The doctor’s name was not listed in the legal malpractice lawsuit and initially denied anything was wrong with Isabella when the claimant first voiced his concerns. Instead, the doctor referred him to a psychologist and told Isabella the problem was a mental one, Gordon said.

Isabella understandably feels a great deal of bitterness toward the doctor, noted Gordon.

The doctor finally performed another surgery in July 2005 to remove the device, after which Isabella retained Podlofsky. The attorney then had a six-month window to sue, Gordon charged.

After the deadline had passed, Podlofsky sent a letter to Isabella on March 6, 2007 that stated "After due reflection, we are going to decline to accept your case into our office."

Gordon felt that this would have been a “slam dunk" case for Podlofsky and has no idea how the attorney could have made such a serious error.

Isabella and his wife moved to Michigan with their child, which they were able to conceive when the implant was functioning properly.

Podlofsky would not comment on the suit, and his attorney could not be reached for comment.

Queens Supreme Court Justice Denied Misconduct Hearing Cancellation

Eastern District of New York Judge Nicholas G. Garaufis denied Queens Supreme Court Justice Duane A. Hart’s motion to halt pending judicial misconduct proceedings against him on December 6, 2007. The Judge ruled that Hart’s claims of racial bias by a member of the Commission on Judicial Conduct had no merit. As a result of the Judge’s ruling, the proceedings against Hart took place as planned on Friday December 7, 2007 at the Commission's office in Manhattan.

Justice Hart, who is black, alleged that Commission Chairman Raoul L. Felder, author of "Schmucks!: Our Favorite Fakes, Frauds, Lowlifes, Liars, the Armed and Dangerous, and Good Guys Gone Bad," was racially biased and would therefore not be an impartial participant in the proceedings. While Felder’s book did contain controversial sentiments regarding affirmative action, Garaufis argued that this alone did not warrant halting the disciplinary proceedings against Justice Hart. Additionally, Judge Garaufis noted that Felder had removed himself from the proceedings and had provided notification by mail two days before Justice Hart’s motion to stop the Commission’s hearing.

In this most recent disciplinary action against Justice Hart, the Commission’s alleged that Hart falsely accused an attorney of extortion, failed to disclose a personal relationship with a defense attorney who appeared in his court, and aggressively attempted to help his mother bypass security at Queens Family Court.

One of the allegations in the complaint was that Hart falsely accused attorney Michael Flomenhaft of extortion. Although Hart had been warned of schedule conflicts prior to a medical malpractice trial, he would not adjourn the trial unless Flomenhaft paid the court $5,000 per day. Justice Hart dismissed the case when Flomenhaft refused to pay, but then Hart agreed to rescind the dismissal if Flomenhaft paid $10,000 in fines to the defendant. When Flomenhaft filed a grievance against the Justice, Hart accused him of extortion.

Hart was also accused of failing to disclose a social and professional relationship with defense attorney Helmut Borchert and that he did not disqualify himself from cases involving Borchert, including a case where Borchert legally represented Hart’s sister. Borchert also gave Hart tickets to baseball games on several occasions.

In the final complaint of the charge, Justice Hart was alleged to have assisted in helping his mother avoid the security checkpoint when she paid a visit to Queens Family Court. Witnesses said that Hart quickly displayed a shield and announced he was a judge to the court officers who were on security duty in the courthouse lobby and was rude and condescending toward them. Additionally, it was alleged that Justice Hart refused to pass through or allow his mother to pass through the metal detector at the security station.

This was not the first time in Justice Hart’s tenure that he was accused of acts of judicial misconduct. Prior to the 2007 allegations, Hart appeared before the Commission in 2005 for improperly holding a defendant in contempt of court. He was found guilty and the Commission’s vote was unanimous to censure Justice Hart. The outcome could have been much more serious for Justice Hart. The Commission’s counsel, Robert H. Tembeckjian, had recommended that Hart be removed from the bench.

At the conclusion of the December 2007 misconduct proceedings, Justice Hart was censured again in another unanimous vote by the Commission on March 20, 2008.

Should you fight a DUI charge?

When being charged with a DUI, you have several options. You can please guilty and accept the charges and whatever consequences that the judge chooses for you, or you can decide to fight a DUI charge. Attorney Peter Gordon, Esq. suggests that you fight your DUI charges and not to let a DUI ruin your career and your life. Choosing to fight a DUI charge could allow you to avoid many DUI related consequences.

An example of a DUI charge that was challenged is the case of a client who was stopped at a red light and was rear ended by another driver. After the two drivers had exchanged information, the client drove home. Later, four police cars arrived at the client’s home and requested a breathalyzer test be taken from the client. The client refused the test and was arrested. The client asked to be taken to the hospital due to injuries he sustained during the accident. After many pleas, the client was taken to the hospital.

After the client was processed, he was facing a sentence of up to a year in prison. After a hearing, his case was thrown out by the judge due to lack of probable cause. In this case, had the client plead guilty, he would have been convicted of a DUI and had hefty fines and even jail time. By fighting his DUI, the client was able to have his case thrown out by the judge.

Because of cases like this, it’s important to know that you can fight DUI charges and retain your good standing. If the police do not have probable cause to take a breathalyzer test or any other field tests, it’s important to know that you can fight the charges against you. Remember that if you choose to plead guilty to your DUI charges, you are throwing yourself at the mercy of the judge, and you will be convicted of a DUI.

Those convicted of a DUI must go through probation for an average of three to five years, pay additional fines, and attend DUI classes, amongst other things. If you are convicted of a DUI by pleading guilty, your chances of a greater punishment should you have a second DUI are much bigger. When fighting your DUI case, however, you have a much greater chance of not being convicted of a DUI. When going through a jury trial for a DUI, you only need to convince one jury member that you are not guilty. Just convincing one out of 12 jury members can mean that your conviction will not stand and you can go free.

The best option is to fight your DUI charges so that you may have the opportunity to be released from all charges. At the very least, fighting your DUI charges gives you the best chance of being able to avoid being charged with a DUI, which should be your goal. Remember, a DUI shouldn’t ruin your life. You have the right to challenge the DUI charge against you.

How can a real estate lawyer or mortgage broker help you?

When facing a criminal drug trial for charges of owning or distributing heroin, it’s important to find a lawyer who will best represent you and fight the charges against you. In New York, you want a lawyer who can defend you, without judging you based upon your charges. A professional criminal lawyer will make all the difference when it comes to facing your trial. Most criminal defendants plead guilty or no-contest to files charged against them. Finding a narcotics lawyer that will fight for you when going to trial will make sure you don’t turn into another statistic.

A criminal lawyer should be professional, and have many years of experience working with those who have been charged with criminal offenses. Always choose a lawyer who will give you the personal attention you deserve. It's also a good idea to check the case histories of any lawyer you plan on hiring. If you are facing charges like conspiracy to distribute narcotics, or if you have been arrested for heroin, you need a lawyer who has had success with these cases.

A prime example of a good criminal defense lawyer in New York is Peter Gordon, Esq. Peter Gordon has recently taken on the case of Mr. Mark Bolt and succeeded in a “not guilty” verdict through a difficult criminal drug trial. Mr. Bolt was charged with “Conspiracy to Distribute Narcotics”. He endured two years in federal prison, separated from loved ones, before deciding to go to trial for his charges. Mr. Gordon was able to defend Mr. Bolt in this trial. Mr. Gordon worked for eight months on Mr. Bolt’s case before going to trial. It only took one week at trial to determine a verdict of “not guilty” for Mr. Bolt. Mr. Gordon was able to attack the quality of evidence presented by the Prosecutor to win the case for Mr. Bolt and let him reunite with his family.

The example of his hard work to defend Mr. Mark Bolt shows that most importantly, you need a good criminal drug trial lawyer who is eager to fight for your rights and freedom. When searching for a drug defense lawyer to represent you, remember that a good attorney will take on your case with hard work and willingness to go the extra mile. This is particularly true in New York state, where drug laws for heroin are more strict than other parts of the country, and you need someone to represent you who is well informed on drug laws in New York.

The most important quality a good defense lawyer can have is the ability to work on your side, and negotiate when needed. You want someone like heroin defense lawyer Mr. Peter Gordon, Esq. who will be able to help you understand your rights and the laws, walk you through the process, and get you back to your family as soon as possible. You want a lawyer who will not only investigate the charges held against you, but also investigate how those charges were reached and what methods were used in retrieving any evidence against you.

Finding a lawyer to fight heroin charges in NY

When facing a criminal drug trial for charges of owning or distributing heroin, it’s important to find a lawyer who will best represent you and fight the charges against you. In New York, you want a lawyer who can defend you, without judging you based upon your charges. A professional criminal lawyer will make all the difference when it comes to facing your trial. Most criminal defendants plead guilty or no-contest to files charged against them. Finding a narcotics lawyer that will fight for you when going to trial will make sure you don’t turn into another statistic.

A criminal lawyer should be professional, and have many years of experience working with those who have been charged with criminal offenses. Always choose a lawyer who will give you the personal attention you deserve. It's also a good idea to check the case histories of any lawyer you plan on hiring. If you are facing charges like conspiracy to distribute narcotics, or if you have been arrested for heroin, you need a lawyer who has had success with these cases.

A prime example of a good criminal defense lawyer in New York is Peter Gordon, Esq. Peter Gordon has recently taken on the case of Mr. Mark Bolt and succeeded in a “not guilty” verdict through a difficult criminal drug trial. Mr. Bolt was charged with “Conspiracy to Distribute Narcotics”. He endured two years in federal prison, separated from loved ones, before deciding to go to trial for his charges. Mr. Gordon was able to defend Mr. Bolt in this trial. Mr. Gordon worked for eight months on Mr. Bolt’s case before going to trial. It only took one week at trial to determine a verdict of “not guilty” for Mr. Bolt. Mr. Gordon was able to attack the quality of evidence presented by the Prosecutor to win the case for Mr. Bolt and let him reunite with his family.

The example of his hard work to defend Mr. Mark Bolt shows that most importantly, you need a good criminal drug trial lawyer who is eager to fight for your rights and freedom. When searching for a drug defense lawyer to represent you, remember that a good attorney will take on your case with hard work and willingness to go the extra mile. This is particularly true in New York state, where drug laws for heroin are more strict than other parts of the country, and you need someone to represent you who is well informed on drug laws in New York.

The most important quality a good defense lawyer can have is the ability to work on your side, and negotiate when needed. You want someone like heroin defense lawyer Mr. Peter Gordon, Esq. who will be able to help you understand your rights and the laws, walk you through the process, and get you back to your family as soon as possible. You want a lawyer who will not only investigate the charges held against you, but also investigate how those charges were reached and what methods were used in retrieving any evidence against you.

New York tenant rights

As a tenant in New York, you have many rights that keep your home safe and your living conditions pleasant. These rights cover everything from being provided adequate heat when the weather is cold, to being allowed to make complaints about your living conditions to proper government authorities without penalty of being evicted by your landlord.

Included in these rights is your right to not be discriminated against when leasing or renewing your lease. This includes any discrimination based on race, creed, color, national origin, sex, disability, age, marital status and familiar status. Those in New York City are additionally protected against discrimination based on sexual orientation or immigration status. If you feel that you have been discriminated against based on one of these qualities, you have the right to fight that discrimination.

Your landlord also needs to meet certain basic needs that keep your home livable. All tenants have the right to feel safe in their home, and landlords are meant to prove the bare minimum of basic home security including such features as intercoms and door locks that will keep tenants safe. These crime prevention steps must be made to help protect tenants from any foreseeable criminal harm. Your landlord must also honor a tenant’s rights to privacy and must provide adequate notice before entering a tenant’s home. If a landlord is harassing a tenant, that tenant has a right against harassment and may fight against the landlord if he or she is harassing the tenant or tenants.

Your rights as a tenant in New York entitle you to dispute any action taken by your landlord that you feel infringes on those rights. If your landlord is not providing you with adequate heating or crime protection, for example, you should be sure to bring up your concerns. If these concerns are not resolved, it may be time to take legal action. To find a lawyer in New York to settle any disputes between tenants and landlords, you must look for a lawyer who has ample experience handling tenant disputes and who knows what rights tenants have.

A tenant lawyer in New York will be able to help tenants fight against any infringements on their rights or unlawful evictions carried out by their landlords. If a landlord is attempting to evict a tenant, that tenant has certain rights. For example, a landlord must follow through with eviction proceedings, including filing to have the tenant removed from their property by the court, before they can evict a tenant. This is important to know, and is something many tenants don’t realize when being faced with eviction due to non payment. A tenant lawyer who knows and understands the rights of tenants and how to properly dispute against infringements of those rights is a valuable asset to the New York tenant.

When choosing a tenant lawyer to help settle any disputes regarding a lease or action taken by a landlord, be sure to find one that is knowledgeable and who will fight to make sure that the rights of tenants are protected and enforced. Don’t allow yourself to be discriminated against or to be provided housing that is not up to standards, it is your right as a tenant to use a competent lawyer on your side when fighting for your rights as a tenant.

What you should look for in a New York Divorce Lawyer

Before filing for divorce in New York, you want to find a New York divorce lawyer who will represent your needs. A good divorce lawyer, no matter where you are, should have lots of experience with divorce proceedings. An experienced divorce lawyer, especially in New York, can help you get the best representation when going through filing for divorce.

When looking for divorce lawyers to represent you, you want to keep several things into consideration. First, if you have any special needs, you want to look for a divorce lawyer that has experience with your case and can help guide you and offer advice about your situation. If your lawyer has not had experience with a case like yours before, you could be at a major disadvantage. You will want a divorce lawyer that is available and easy to get in touch with should you have questions or need their assistance. Having access to a professional divorce lawyer can make a huge difference in how the divorce process goes.

When looking for a divorce lawyer in New York, be sure to inquire about their experience. Remember that not all lawyers have the same amount of experience and background and that some may have years of experience while others may be fresh out of law school. Because you are dealing with many important issues such as money, children and property, you want a divorce lawyer who has many years of experience handling situations like yours.

Another thing to consider is what your divorce lawyer specializes in. You want a divorce lawyer who specializes in family law to best help you with your case. Experience, again, is incredibly important and can make a huge difference in how smoothly your divorce goes. A New York divorce lawyer with years of experience can be vital to your success when going through divorce paperwork. You want a lawyer you feel comfortable with who you can speak to openly about your issues and who will help you find the solutions that will work best for your situation.

Going through a divorce is difficult for everyone, and finding a lawyer that will help make the process as painless as possible is very important. You will have to discuss difficult or even painful topics with your divorce lawyer, so be sure to take the time to choose someone who is professional and able to listen to your concerns and help you throughout the entire process. Finding a divorce lawyer in New York who is available to listen to you and be available for your needs can be difficult, but not impossible.

Finding a professional, qualified New York divorce lawyer can be time consuming, but worth the research once you’ve found one that fits all of your needs. The most important thing to remember is that the divorce lawyer you choose will be representing you, so making the right choice for you will also help you represent your needs better. A good divorce attorney will be on your side and represent your best interests.