“Gotta Fix That Step”
Supreme Court Severs Claims After Parties’ Misstep It’s important to cover all your bases when moving for summary judgment because, in a recent decision, the Supreme Court, New York County…
Archives
“…and one!”
First Department Agrees with Lower Court on § 240(1) and Notes Plaintiff Would Have Also Won on § 241(6) Anyway The First Department gives us another look at a case…
Back to the Future: Retroactive Application of Wage Loss in New Jersey Bad Faith
In Maia v. IEW Construction Group, the New Jersey Supreme Court held that Chapter 212 of the Wage Payment Law (WPL) and the Wage and Hour Law (WHL) in New…
Pinky Promise
Homeowners Not Responsible for Meter Installer Closing Finger in Her Own Car Door It’s rare that we come across a clean sweep on summary judgment in favor of the defendants. …
Amend at Your Leisure, Part III
Second Department Redlines Plaintiff’s Pleadings Resulting in Summary Judgment We’re giving serious consideration to starting a subseries of cases where the plaintiff fails to properly allege an Industrial Code section,…
Sufficiently Relevant Inconsistencies
Fourth Department Upholds Denial of Plaintiff’s Summary Judgment Motion to Account for Alternative Account of Incident In a recent decision, the Appellate Division, Fourth Department affirmed a Supreme Court, Monroe…
No Departures
First Department Keeps Defendant’s Exit from Labor Law § 240(1) Claim Grounded In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that…
Down Bad[1]
Plywood – Historically, Not Awesome for Trampolines Sometimes you come across a fact pattern that reads like it’s a hypothetical that a diabolical professor dreamed up to torture 1L law…
Should’ve Seen It Coming
First Department Cites Hindsight in Determining “Foreseeability” Labor Law plaintiffs in Bronx County, New York cannot stop falling through floors. In a recent decision, the Appellate Division, First Department unanimously…
Proper (Nail)Gun Safety
Question of Fact Keeps Plaintiff from Nailing § 241(6) Claim You’ll recall that claims arising from Labor Law § 241(6) need to be predicated on a sufficiently specific Industrial Code…