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Category: Insights

Insufficient Inconsistencies, Again

Alternative Narratives Not Enough to Ward Off Summary Judgment In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that granted plaintiff’s summary…
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What’s in a Date Anyway?

Second Department Reminds Us Plaintiff Doesn’t Need to Correctly Plead Date of Accident It really doesn’t matter when the accident happened. In a recent decision, the Appellate Division, Second Department…
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Not Necessarily in Conflict

Conflicting Narratives of Accident Don’t Matter for Labor Law § 240(1) In a recent decision, the Supreme Court, New York County granted plaintiff’s motion for summary judgment, inter alia, as…
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Homeowners’ Exception to the Rescue!

Preference for Ladders Over Scaffolding Not Sufficient for § 240(1) In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Kings County decision that granted the defendants’…
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Another Narrative of Events

Rare Eyewitness on a § 240(1) Cause of Action In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Kings County decision that denied plaintiff’s motion for…
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Yet Another Classic

First Department Rejects Defendants’ Pipe Dreams of Reversal In a recent decision, the Appellate Division, First Department affirmed a Supreme Court, Bronx County decision that granted plaintiff’s motion for summary…
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It’s (Conveniently) Outta Here!

On June 6, 2025, the United States District Court for the Eastern District of Pennsylvania granted a Motion to Transfer Woodward v. General Motors, LLC, 2025 U.S. Dist. Lexis 108258,…
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Law Office Failure

“We don’t talk to each other” is reasonable excuse warranting vacatur of default. As a plaintiff’s counsel, why would you ever oppose a motion to dismiss knowing that the Second…
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The Limit

Second Department Defines the Bounds of the Labor Law In a recent decision, the Appellate Division, Second Department modified a Supreme Court, Queens County Order that dismissed plaintiff’s common-law negligence…
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