Alley-oop
Court of Appeals Sets Up First Department to Dunk on Supreme Court, Bronx County Decision We love a good throwdown. We recently wrote about a decision from the Court of…
Category: Insights
GMU § 50-e(1)(a) > Labor Law § 240(1)
No Reasonable Excuse for 90-Day Delay in 90-Day Notice While the focus for our purposes is all things Labor Law, it’s important to remember that there are other laws out…
Modern Problems & Modern Solutions
Solution to Epidemic of “Sudden Shifting” Ladders in New York is “Bolt them To the Floor” As the immortal Dave Chapelle once said, “modern problems require modern solutions.” In a…
Nailed It, Part II
Camouflaged Nail Trips Up Plaintiff Resulting in Summary Judgment on Labor Law § 241(6) Claim Camouflage in nature is a defense mechanism used mainly to hide. On a construction site,…
Labor Law Adjacent
Failure to Plead Homeowners’ Exception to Labor Law §§ 200 & 241(6) Keeps Plaintiff from Tour of Domicile Usually, we cover decisions relating directly to the Labor Law. However, a…
What a Relief
First Department Engages in Abstractionism to Find Question of Fact in Sculptor § 240(1) Case In a recent decision, the Appellate Division, First Department unanimously reversed a Supreme Court, New…
Shared Interests ≠ United in Interest
“Just Because We Have a lot in Common Doesn’t Mean I’m Ready to be Long Term Co-Defendants.” The statute of limitations is a concept that essentially says, “you can’t wait…
Et Tu, Brute?
It’s the Safety Inspectors We Love that Hurt Us the Most In Cuomo v. The Port Authority of New York & New Jersey, 2024 NY Slip Op 03008, plaintiff alleged…
New Jersey Supreme Court Expands Sidewalk Liability to Owners of Vacant Commercial Lots
In Alejandra Padilla v. Young Il An (A-43-22) (087862), the New Jersey Supreme Court reversed the Appellate Division’s decision in a case involving sidewalk liability for owners of vacant commercial…
Are you Covered? New Jersey Ruling on Underinsured Motorists (UIM) Step Down Coverage for Resident Relatives
In Motil v. Wausau Underwriters Insurance, A-0400-23 (Appellate Division), which involves a significant decision on automobile insurance coverage, the New Jersey Appellate Division ruled in favor of the plaintiff affording…