Fashionably Early
Third Department Recommends Showing Up for Work Early, but Not Too Early In a recent decision, the Appellate Division, Third Department, modified a Supreme Court, Sullivan County decision that partially…
Category: Insights
The Ladder Not Taken
Road Less Traveled Makes All the Difference for Labor Law § 240(1) Claim Two paths diverged on a yellow scaffold, And sorry I could not travel both And be one…
Unidentified Falling Objects
First Department Finds UFOs Sufficient to Uphold Labor Law § 240(1) Claim In a recent decision, the Appellate Division, First Department modified a lower court order that denied plaintiff’s motion…
Well, This is Awkward
No One is Above the Labor Law, Not Even the Courts In a recent decision, the Supreme Court, Richmond County found itself as a defendant in a Labor Law action. …
“Slippery When Plastic”
Court of Appeals Rejects “Which of These Is Not Like the Others” Argument In traditional mob movies, when someone walks into a room with plastic covering the floor it’s never…
“He Said, He Said.”
Second Department Determines Reliable Historian Talked His Way into Question of Fact Sometimes all a plaintiff needs to say is that the ladder moved, and plaintiff fell off of it,…
“Pivot!”
First Department Holds that Plaintiff’s Labor Law § 240(1) Claim Fits the Mold If you’ve ever seen Friends, you know that you don’t help Ross move heavy objects up a…
Unable to Return to Sender: Business Re-Solicitation creates Personal Jurisdiction
On January 17, 2024, the Appellate Division issued a decision in Allure Pet Products, LLC, v. Donnelly Marketing & Development LLC, et al., —A.3d—–, 2024 WL 172209 (App. Div. 2024)…
Catching a Runaway Train: NJ Supreme Court Curtails Refund Claims Under the CFA
On January 11, 2024, the Supreme Court of New Jersey issued an opinion in DeSimone v. Springpoint Senior Living, et al., 256 N.J. 172 (2024), limiting the applicability to the…
“sole” – adj., meaning “one and only”
First Department Issues Monthly Reminder that “Sole” Means “One” If you’re wondering why these musings are suspiciously light on defendants emerging victorious on a “sole proximate cause” argument, it’s because…