Warning Signs
First Department Decision Reminds Us Warning Signs Are Not “Safety Devices” In a recent decision, the Appellate Division, First Department partially affirmed a Supreme Court, New York County decision that…
Category: Insights
SMLS: A Cure in Sight?
Labor Law Defendants Across New York Dare to Hope Again In a recent decision, the Appellate Division, Second Department affirmed the portions of a Supreme Court, Queens County decision that…
Battle of the Experts
Conflicting Expert Opinions Keep Plaintiff’s § 240(1) Cause of Action Alive In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that denied…
Mixed Use
Residential and Commercial Mixed Use Not Disqualifying for Homeowners’ Exception to Labor Law §§ 240(1) and 241(6) In a recent decision, the Appellate Division, Fourth Department unanimously affirmed a Supreme…
Do You Even (Duct) Lift?
Duct Lift Slips From Ramp Short Distance – Still Sufficient for Elevation-Related Risk In a recent decision, the Appellate Division, Second Department modified a Supreme Court, Kings County decision that…
If You Build It, It Will Fall
“Job-Built” Ladder Falls at Construction Site Landing Plaintiff Summary Judgment In a recent decision the Appellate Division, Second Department affirmed a Supreme Court, Queens County decision that granted plaintiff’s motion…
Impact of Prior Decision on Current Case
Collateral Estoppel Limits Scope of Plaintiff’s Subsequent UIM Claim Plaintiff was involved in a work-related car accident on May 1, 2021, in Montgomery County, Pennsylvania and filed a workers compensation…
Sand Traps & Construction Sites
Sand Traps Not Just a Danger to Your Golf Game In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Queens County decision that granted plaintiff’s motion…
“When Does ‘Maintenance’ End and ‘Work’ Begin?”
Questions of Fact Regarding Covered Activities Preclude Summary Judgment One of the first questions that comes up when examining a Labor Law case is whether the plaintiff was engaged in…
Falling Not Required
Scaffold Basket Prevented Plaintiff From Falling, Summary Judgment Still Granted In a recent decision, the Appellate Division, Second Department modified a Supreme Court, Suffolk County decision that inter alia granted…