Labor Law Pointers - Volume IX, SE


Labor Law Team

Labor Law Pointers

A Monthly Electronic Newsletter Addressing
New York State Labor Law Decisions and Trends

Special Holiday 2019 Edition

Below is our annual poetry offering, a Labor Law lawyer’s take on "The Night Before Christmas."
This year, I wanted to add a very brief note to let all our readers know about some very exciting news here at Hurwitz & Fine, and specifically on our Labor Law team.
The photo above, taken at our annual Holiday Party, shows that we have two new attorneys starting January 2, 2020. 
Tim Welch is joining the team and will be based in Rochester. Tim has 19 years’ experience and his practice has been largely focused on Labor Law for the past 9 years.  He provides us with another trial tested and experienced senior attorney who not only deepens our bench, but also expands our geographic footprint eastward.  We welcome Tim to the firm and to the team and look forward to many good times, and results, to come.
Brenna Gubala is also joining the firm and the team.  She will be splitting time between the Labor Law team and Jody’s premises liability team.  Brenna has substantial experience handling Labor Law cases and is an enormous asset to the team and to the firm.
The attorney members in the photo are, from left to right, Mike Dischley (Metro NY), Tim Welch (Rochester), Eric Andrew (Buffalo), Eric Bernhardt (Buffalo), Brenna Gubala (Buffalo), David Adams (Buffalo), Marc Schulz (Buffalo) and Brian Mark (Metro NY).
As you can see, I went with the classic and subtle Christmas blazer, while Eric Bernhardt went with the full Hanukkah suit.
I would be remiss not to mention that we, the attorneys of the team, would be utterly lost without the help of the many assistants and paralegals who support us behind the scene, in Buffalo and in our NY metro office, and allow us to service our clients.
We look forward to helping you address your Labor Law or Risk Transfer “situations” in the upcoming year, as always feel free to reach out to us at any time.
We wish you all a very merry and happy holiday season.


A Visit to the Construction Site
‘Twas the Night Before Construction

By David Adams

(with apologies to Clement Clark Moore)
‘Twas the night before Christmas and down at the site,
Not a tradesmen there was working, no one hanging a light;
The impalement protection hung by the shaft with great care,
Just in case an OSHA inspector decided to look over there.
The power tools were locked in the biggest gang box,
While the neighborhood kids pummeled windows with rocks;
The guard in his uniform and I in hard hat,
Had just opened a bottle from an old dusty vat;
When up on the third floor there arose such a sound,
That I flew up the ladder without touching the ground.
Away to the scaffold I ran looking spastic,
Jumped into the abatement area, and tore open the plastic.
The security light, on the beams of the just ‘rected structure,
Gave a look of great progress to this new joint venture,

When what through my tempered safety glasses did appear,
But a tipped over ladder and some broken veneer,
With a little old worker, looking injured and stiff,
I knew right away that he’d become a plaintiff.

More rapid than vultures the attorneys they came,
And they pushed and they shoved and called out his name,
“No I saw him first”, and “Who tipped that ladder”,
“Oh please just stand back, I will handle this matter!”

I filed pre-suit discovery on my way over here,
Said the one from the billboard, two phones to his ear.

As squirrels before racing trucks would flee,
When faced with an accident they giggled with glee.
So up to the scaffold the attorneys they flew,
With cards, blank retainers, and golden pens too.

And then in a twinkling I saw on the floor,
A harness, a lanyard, right there by the door.
As I stepped over closer and was looking around,
Plaintiff, he donned it, with a distinct clicking sound.
It was yellow and black with a sliding back ring,
And to keep you from falling, it was just the right thing;
So there, on the worksite, a safety device,
Appropriate and available, now isn’t that nice!
His leg how he held it, his arm it looked bad,
But the issue to my mind, what instruction he’d had.
Was he told to tie off, was he told not to climb,
Was he told to have the ladder be held every time? 

He had a pleasant face with a small little slice,
It bled as he rubbed it, which he seemed to find nice.

He was looking around, from lawyer to lawyer,
Asking each one “Can I sue my employer?”
With a wink and a nod, the attorney he said,
There are ways and I know them, you have nothing to dread.

We have us that statute, it’ll make you quite wealthy,
It will fill up your bank book and make you feel healthy.
We lawyers of course live just on a third,
Taking anything else, would be quite absurd.

He spoke not a word but started his notes,
With theories of gravity and dreams of new boats,
The ladder has shifted, of that he was sure,
It gave him 240, without a detour.

Plaintiff sprang to his feet and grabbing a pen,
He signed the retainer from the nice billboard men.
And I heard him exclaim “Hey I fell from a height”,
Happy Christmas to all and to all a good night.

David R. Adams
Hurwitz & Fine, P.C.
424 Main Street
Suite 1300 Liberty Building
Buffalo, New York 14202
Phone:  716.849.8900
Direct:  716.849.8916
Fax:  716.855.0874
Cell:  716.553.6901
Email:  [email protected]
H&F Website:

Labor Law Pointers is published the first Wednesday of each month.  If you know of others who may wish to subscribe to this free publication, please feel free to forward it.  If you wish to subscribe, please do so here or call the Editor/Labor Law Team Leader David R. Adams directly at (716) 849-8916.



Labor Law Pointers
David R. Adams

Associate Editor
Steven E. Peiper

Associate Editor
Marc A. Schulz

Associate Editor
Eric D. Andrew

Associate Editor
Eric S. Bernhardt

Associate Editor
Brian F. Mark

Labor Law Team

David R. Adams, Team Leader
[email protected]

Dan D. Kohane
[email protected]                                          
Marc A. Schulz
[email protected]
Michael F. Perley
[email protected]
Michael J. Dischley

Eric S. Bernhardt
[email protected]

Steven E. Peiper
[email protected]

Jennifer A. Ehman

Eric D. Andrew
[email protected]

Brian F. Mark
[email protected]

Timothy P. Welch
[email protected]

Brenna Gubala



Hurwitz & Fine, P.C.
1300 Liberty Building, Buffalo, NY 14202
Phone: 716-849-8900, Fax: 716-855-0874
Long Island
535 Broad Hollow Rd., A-7, Melville, NY 11747
Phone: 631-465-0700, Fax: 631-465-0313
Phone: 518-641-0398
Additional Offices
Albion | Amherst | Niagara Falls | Palm Beach Gardens | Toronto

Hurwitz & Fine, P.C. is a full-service law firm providing legal services
throughout the State of New York.
© Hurwitz & Fine, P.C. 2019. All Rights Reserved.

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Copyright © 2019, Hurwitz & Fine, P.C., All rights reserved.

Our mailing address is:
1300 Liberty Building, Buffalo, NY  14202

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