June 14th, 2010

Pittsford Couple Suing Builder Over Mold in Home Built in 2004

Posted by Faraci Lange

Click here to read the full article from the Democrat and Chronicle.

June 14th, 2010

Lawsuit Filed Over Moldy Home Heads For Trial

Posted by Faraci Lange

Click here to read the full article from the Rochester Business Journal.

June 14th, 2010

Faraci Lange Sponsors The National Kidney Foundation 2010 Golf Classic

Posted by Faraci Lange

Faraci Lange is proud to sponsor the 2010 National Kidney Foundation Golf Classic.  Click here for more information about the event and to view the TV ad featuring Faraci Lange Partners Brian Zorn and Matthew Belanger.

June 10th, 2010

Cross-Examination of Medical and Other Experts [Part 4a]

Posted by Stephen G. Schwarz and Angelo G. Faraci

4.  Strategy in Approaching Cross-Examination

Above we discussed the tools that you have available to use for cross-examination. But what distinguishes good from great cross-examiners is knowing which tools to use in which situations and not trying to always use all of them at once. There are a wide variety of strategies and tactics you can utilize in cross-examining an expert witness. We have set forth some of the common ones in the sections below. Remember, however, that you will rarely wish to use all of them with one witness.

Once you know all of the different areas you want to address in your cross-examination (the “chapters” described above) it is also important to arrange the chapters in the best possible order for effectiveness. Sometimes order is self-evident because one issue is a prerequisite of another and must be done first. However, you should always try to follow Prof. Irving Younger’s sage wisdom “Start on a high note, end on a high note”. This strategy is important for both the jury and the witness. If you score points with your first chapter you engage the jury and get their attention for what is to follow. Conversely, if your first efforts fall flat the jury is likely to begin to tune you out entirely. In addition, regardless of how many times an expert has testified all witnesses have some nerves going into cross-examination. You want to build on this insecurity and not allow them to gain confidence by deftly fending off your very first attack. Ending on a high note just makes sense, as the last part the jury hears and is likely to best recall is among the most effective attacks you have. More…

June 8th, 2010

Pittsford Couple Suing Local Home Builder for Illnesses, Damages Suffered Due to Mold in their 2004-Built House

Posted by Faraci Lange

Suit against Spall Realty Corp. and two other companies goes to trial June 7, 2010

A Pittsford dentist and his wife are pursuing legal action against Spall Realty Corp. and two other companies for damages suffered due to mold infestation of their newly constructed home in the Settlers Green Development.

Neil Goldstein, D.D.S., and Patti Goldstein allege numerous causes of action in their complaint filed in New York State Supreme Court, including negligence against Spall and Brookwood Building Corp. Weyerhaeuser Co. also is named in the suit because most of the mold grew on the company’s Trus Joist product, which had mold inside of it at the time of installation. At trial, scheduled to begin June 7, 2010, the Goldsteins are seeking $100,000 in remediation expenses and discarded personal property, plus damages for illnesses caused by the mold, property use loss and property devaluation. More…