News and Insights – Page 26 – McCormick & Priore

Just in Time for Halloween: First Department Reaffirms Horrifyingly Low Bar for Labor Law § 240(1)

Amelia Michael October 31, 2023 No Comments

In a recent decision, Garcia v. 122-130 E. 23rd St. LLC, the Appellate Division, First Department unanimously revered a Supreme Court, New York County decision involving a Labor Law §…

Socially Host Your Next Golf Outing! Supreme Court of Pennsylvania Follows Precedent of No Liability Placed on a “Social Host”

Amelia Michael October 23, 2023 No Comments

In Klar v. Dairy Farmers of America, Inc., 300 A.3d 361 (2023), the Supreme Court of Pennsylvania recently addressed the issue regarding the distinction between a “social host” and a…

“Dance with The One Who Brought Ya”

Amelia Michael October 5, 2023 No Comments

In a recent decision, Flood v. Ahern Painting Contrs., Inc., the Appellate Division, Second Department affirmed the lower Court’s decision denying a Second Third-Party Defendant engineering firm’s motion for summary…

Settling Pennsylvania Insurance Claims with Unrepresented Estates

Amelia Michael October 4, 2023 No Comments

“Death is not the end; there remains the litigation over the estate.” Ambrose Bierce, from A Cynic Looks at Life (1912) So, you have settled an insurance claim with the…

Superior Court Reinforces Requirement of Good Faith Efforts to Serve Process

Amelia Michael September 29, 2023 No Comments

In a recent pair of non-precedential decisions, the Pennsylvania Superior Court re-affirmed the importance of good faith efforts to serve process on defendants. In Wimbs v. Wolfson, No. 927 WDA…

“Falling Irrelevant” in Elevation-Based Labor Law § 240(1)

Amelia Michael September 18, 2023 No Comments

In a recent decision, the Appellate Division, Second Department upheld long-standing case law that asks if “falling” is relevant to a Plaintiff’s Labor Law § 240(1) claims. By way of…

Slam Dunkin’ Dismissal of Labor Law Claims in First Department

Amelia Michael September 14, 2023 No Comments

In a recent decision, the Appellate Division, First Department upheld a lower Court decision dismissing plaintiff’s claims based on Labor Law §§ 200, 240(1) and 241(6), but modified the portions…

“Nailed it.”

Amelia Michael September 13, 2023 No Comments

In a recent decision, the Appellate Division, Second Department upheld a Supreme Court, Kings County decision denying plaintiff’s motion for summary judgment on the issue of liability on the causes…

First Department Breaks Ground on Below-Grade Elevation-Related Hazards

Amelia Michael September 12, 2023 No Comments

In a recent decision, the Appellate Division, First Department considered the issue of whether a below-grade excavation cave-in represents an elevation-related hazard within the purview of Labor Law § 240(1).…

Second Department Rules for Rock-and-Roll over Sole Proximate Cause

Amelia Michael September 11, 2023 No Comments

In a recent decision, the Second Department reversed a Supreme Court, Rockland County Order granting defendant/third-party plaintiff and third-party defendants’ motions for summary judgment dismissing the cause of action alleging,…

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