Ineffective In-Effect Safey Devices
“Pull-Down” Ladder Still Ladder for § 240(1) Cause of Action If it looks like a ladder, operates like a ladder, and fails suddenly without explanation, it’s probably a ladder for…
Category: Insights
Homeowners’ Exception to the Rescue
First Department Affirms Dismissal of Labor Law Claims Against Homeowners Finally, some positive news about housing in New York. In a recent decision, the Appellate Division, First Department unanimously affirmed…
SMLS: Alive in 2025
Sudden Moving Ladder Syndrome Continues to Spread A tale as old as time. In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, Bronx County decision…
Trending: Falling Cement
Cement Chunk Falls from Pillar at Fashion Institute of Technology In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that granted defendants’…
Watch Your Step
First Department Modifies Lower Court Decision Denying Plaintiff’s Motion for Summary Judgment as to Labor Law § 240(1). In a recent decision, the Appellate Division, First Department modified a Supreme…
It’s Always the Co-Workers
Co-Worker Loss of Control Ramps Up Summary Judgment Finding Under § 241(6) A pallet jack, a ramp, and slippery conditions. Labor Law lawsuit ensues. In a recent decision, the Appellate…
“Not My Department”
First Department Court Cites to Second Department Precedent In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that denied plaintiff’s motion for…
Fraudulent Joinder of Defendant in Order to Defeat Federal Diversity Jurisdiction
Plaintiff sued a major retailer and one of its employees in Philadelphia Court of Common Pleas over injuries sustained in a slip and fall. Plaintiff’s counsel alleged that the employee…
Toss Me A Lifeline
Supreme Court, Kings County Holds Failure to Provide Lifeline to Plaintiff in Fall From Height is Prima Facie Evidence of Summary Judgment In a recent decision, the Supreme Court, Kings…
“We got you covered.”
First Department Continues Expansion of “Covered” Activities In a recent decision, the Appellate Division, First Department modified a Supreme Court, Bronx County decision that grated the defendants’ motion for summary…