Never Underestimate a Good Tailor
First Department Threads the Needle on “Loss of Balance” If you haven’t been versing yourself in the Labor Law in your spare time, it can seem simply like “plaintiff always…
Category: Insights
Collateral Damage: Heads I Win, Tails You Lose
The Double Recovery § 1722 Forgot In personal injury cases seeking damages, questions arise about whether a Plaintiff can plead, prove, and recover damages that were already paid for by…
Classic First Department
First Department Rejects “Recalcitrant Worker” Argument and Affirms Lower Court Holding In a recent decision, the Appellate Division, First Department, affirmed a lower Court decision that granted plaintiff’s motion for…
Tipping Point
Fourth Department Holds Lower Court Dismissal Doesn’t Stack Up Most of the action concerning New York’s Labor Law takes place in the “downstate” region, primarily in the 5 boroughs, areas…
Once Again, Summary Judgment Granted
Fourth Department Airs Out Plaintiff’s Claim Involving Diesel Fumes In a recent decision, the Appellate Division, Fourth Department reversed a lower Court opinion that granted defendants’ motion for summary judgment…
Good Vibrations
First Department Upholds Vibes Not Sole Proximate Cause of Plaintiff’s Accident In a recent decision, the Appellate Division, First Department upheld the lower Court’s decision that granted plaintiff’s motion for…
“Eat Brick, Kid!”
First Department Can’t Get Away from Falling Bricks Just about any time bricks and gravity are involved in a fact pattern, you’d be hard pressed to not think about Home…
Swing for the Fences
Second Department Holds Defendant’s Summary Judgment Motion on § 200 Fails to “Go Yard” In a recent decision the Appellate Division, Second Department affirmed the lower Court’s decision that denied…
Alliteration Part II
Labor Law & Window Washers I know it might not seem like it, but contrary to popular belief, there are more sections of the Labor Law than §§ 240(1), 200…
Just Short
Too Small Ladder Precludes Parties from Reaching Summary Judgment In a recent decision, the Appellate Division, Second Department affirmed a lower Court order that denied defendants’ motion for summary judgment…