Ducts Fly Together
Quack, Quack, Quack, Quack . . . In a recent decision, the Appellate Division, First Department reversed a Supreme Court, New York County decision that denied plaintiff’s motion for summary…
Archives
Should Have Seen It Coming, Part II
First Department Holds Finds in Favor of Plaintiff Because Defendants Lack of Omniscience “Foreseeability” often comes up in the context of Labor Law § 240(1), in that a plaintiff in…
The Epidemic, Part II
“Sudden-Moving-Ladder Syndrome” Sets Up Second Department for Good Ole’ Fashioned § 240(1) Fun The SMLS saga continues. We’re going to be untangling some legal knotwork in the following decision, so…
Inside the Lawyers Studio Podcast – Ep. 10: The Final Verdict with Robert J. Mongeluzzi and Philip D. Priore
Welcome to the season finale of Inside the Lawyer’s Studio. Our host Scott J. Tredwell is joined by two distinguished guests: Robert J. Mongeluzzi and Philip D. Priore. In this…
Alley-oop
Court of Appeals Sets Up First Department to Dunk on Supreme Court, Bronx County Decision We love a good throwdown. We recently wrote about a decision from the Court of…
GMU § 50-e(1)(a) > Labor Law § 240(1)
No Reasonable Excuse for 90-Day Delay in 90-Day Notice While the focus for our purposes is all things Labor Law, it’s important to remember that there are other laws out…
Modern Problems & Modern Solutions
Solution to Epidemic of “Sudden Shifting” Ladders in New York is “Bolt them To the Floor” As the immortal Dave Chapelle once said, “modern problems require modern solutions.” In a…
Nailed It, Part II
Camouflaged Nail Trips Up Plaintiff Resulting in Summary Judgment on Labor Law § 241(6) Claim Camouflage in nature is a defense mechanism used mainly to hide. On a construction site,…
Labor Law Adjacent
Failure to Plead Homeowners’ Exception to Labor Law §§ 200 & 241(6) Keeps Plaintiff from Tour of Domicile Usually, we cover decisions relating directly to the Labor Law. However, a…
What a Relief
First Department Engages in Abstractionism to Find Question of Fact in Sculptor § 240(1) Case In a recent decision, the Appellate Division, First Department unanimously reversed a Supreme Court, New…