You Don’t Know Jack
Plaintiff Loosens Jack Holding Beam, Gravity Ensues Inevitably, when you read about the Labor Law in New York, you’re going to encounter other laws. Here, a recent decision by the…
Category: Insights
Protected Activity
First Department Digs Deep to Define “Work” Under Labor Law § 240(1) If you have been following along, you know by now that Labor Law § 240(1) affords protection to…
No Minimum
Crack in Plumber’s Platform is No Joke In a recent decision, the Supreme Court, New York County gave us a reminder that there is no de minims test for the…
It Wasn’t Me.
Difference Between I and II Runs Out Clock for Labor Law § 240(1) Claim There are competing forces in the law in New York, and if you’ve been following along,…
Cut The Red Wire
First Department Diffuses Plaintiff’s Labor Law Claims Car accidents don’t usually feature in Labor Law fact patterns. Injuries to plaintiff in Labor Law claims usually occur on the jobsite, while…
Consistently Irrelevant Inconsistencies
Climbing Wrong Side of Ladder Still Prima Facie for Labor Law § 240(1) Claim If you were wondering “What if plaintiff completely disregards the warning labels on a ladder? Does…
Case Extinguisher
Preclusion Spoils Defendant’s Opposition Plans On a normal day, it’s tough to be a Labor Law defendant in the State of New York. In a recent decision, the First Department…
Airbnb Blues
Homeowners Clobbered by Pricing, Interest Rates, and the Labor Law. The Appellate Division, First Department, in a recent decision, took the time to clarify some details about the homeowner’s exception…
Agree to Disagree
First Dept. Stands with Third and Fourth Depts. On § 4.2(k) It’s common knowledge that the Appellate Departments don’t agree on everything, and those disagreements extend to the Labor Law. …
Don’t Be a Tool
First Department Holds Plaintiff is Not Enumerated § 240(1) Device In a recent decision, the Appellate Division, First Department modified a Supreme Court, Bronx County decision that, inter alia[1], denied…