Down Bad[1]
Plywood – Historically, Not Awesome for Trampolines Sometimes you come across a fact pattern that reads like it’s a hypothetical that a diabolical professor dreamed up to torture 1L law…
Category: Insights
Should’ve Seen It Coming
First Department Cites Hindsight in Determining “Foreseeability” Labor Law plaintiffs in Bronx County, New York cannot stop falling through floors. In a recent decision, the Appellate Division, First Department unanimously…
Proper (Nail)Gun Safety
Question of Fact Keeps Plaintiff from Nailing § 241(6) Claim You’ll recall that claims arising from Labor Law § 241(6) need to be predicated on a sufficiently specific Industrial Code…
Do Unto Others
First Department Upholds Labor Law Applies to Good Samaritans You may believe that good deeds in this life are rewarded in the afterlife. The Labor Law says you don’t have…
Woodchuck Chuck
Cut Wood Comes Back for Vengeance In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Queens County decision that granted plaintiff’s motion for summary judgment as…
Discovery Optional, Part Deux
First Department Upholds Summary Judgment for Plaintiff with Significant Discovery Outstanding As we have previously reported, in civil actions in New York, especially actions involving Labor Law § 240(1), discovery…
Bricks & Gravity
Second Department Gives Us Another Iteration of A Classic Labor Law Fact Pattern In a recent decision, the Appellate Division, Second Department, reversed a Supreme Court, Queens County decision that…
Rushing to Uphold Precedent in the Federal Courts
Federal Court Rejects Challenge to Regular Use Exclusion as Violative of UM/UIM “Stacking” Requirements Recently, the District Court for the Eastern District of Pennsylvania in Dayton v. Hartford Ins., No.…
Is the Customer Always Right?
Service of a Complaint in the Eyes of the Pennsylvania Supreme Court One of the most basic elements to a successful restaurant is good customer service. Similarly, good service, of…
Discovery Optional
First Department Upholds Summary Judgment for Plaintiff with Minimal Discovery Exchanged Usually, in a civil action in New York, especially one involving liability under Labor Law § 240(1), some discovery…