Don’t Be a Tool
First Department Holds Plaintiff is Not Enumerated § 240(1) Device In a recent decision, the Appellate Division, First Department modified a Supreme Court, Bronx County decision that, inter alia[1], denied…
Archives
Never Underestimate a Good Tailor
First Department Threads the Needle on “Loss of Balance” If you haven’t been versing yourself in the Labor Law in your spare time, it can seem simply like “plaintiff always…
Collateral Damage: Heads I Win, Tails You Lose
The Double Recovery § 1722 Forgot In personal injury cases seeking damages, questions arise about whether a Plaintiff can plead, prove, and recover damages that were already paid for by…
Classic First Department
First Department Rejects “Recalcitrant Worker” Argument and Affirms Lower Court Holding In a recent decision, the Appellate Division, First Department, affirmed a lower Court decision that granted plaintiff’s motion for…
Tipping Point
Fourth Department Holds Lower Court Dismissal Doesn’t Stack Up Most of the action concerning New York’s Labor Law takes place in the “downstate” region, primarily in the 5 boroughs, areas…
Once Again, Summary Judgment Granted
Fourth Department Airs Out Plaintiff’s Claim Involving Diesel Fumes In a recent decision, the Appellate Division, Fourth Department reversed a lower Court opinion that granted defendants’ motion for summary judgment…
Inside the Lawyers Studio Podcast – Ep 5: First-Party Property Claims with Roger Harrington and Nicole M. Dovishaw
Our host, Scott J. Tredwell is joined by Roger Harrington of Harrington & Caldwell, P.C., and Nicole M. Dovishaw to discuss first-party property damage claims, bad faith implications, and the…
Good Vibrations
First Department Upholds Vibes Not Sole Proximate Cause of Plaintiff’s Accident In a recent decision, the Appellate Division, First Department upheld the lower Court’s decision that granted plaintiff’s motion for…
“Eat Brick, Kid!”
First Department Can’t Get Away from Falling Bricks Just about any time bricks and gravity are involved in a fact pattern, you’d be hard pressed to not think about Home…
Swing for the Fences
Second Department Holds Defendant’s Summary Judgment Motion on § 200 Fails to “Go Yard” In a recent decision the Appellate Division, Second Department affirmed the lower Court’s decision that denied…