Watch Your Step
First Department Modifies Lower Court Decision Denying Plaintiff’s Motion for Summary Judgment as to Labor Law § 240(1). In a recent decision, the Appellate Division, First Department modified a Supreme…
Archives
It’s Always the Co-Workers
Co-Worker Loss of Control Ramps Up Summary Judgment Finding Under § 241(6) A pallet jack, a ramp, and slippery conditions. Labor Law lawsuit ensues. In a recent decision, the Appellate…
“Not My Department”
First Department Court Cites to Second Department Precedent In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that denied plaintiff’s motion for…
Fraudulent Joinder of Defendant in Order to Defeat Federal Diversity Jurisdiction
Plaintiff sued a major retailer and one of its employees in Philadelphia Court of Common Pleas over injuries sustained in a slip and fall. Plaintiff’s counsel alleged that the employee…
Toss Me A Lifeline
Supreme Court, Kings County Holds Failure to Provide Lifeline to Plaintiff in Fall From Height is Prima Facie Evidence of Summary Judgment In a recent decision, the Supreme Court, Kings…
“We got you covered.”
First Department Continues Expansion of “Covered” Activities In a recent decision, the Appellate Division, First Department modified a Supreme Court, Bronx County decision that grated the defendants’ motion for summary…
Housing Crisis
NYCHA Gets Out on Summary Judgment; Second Department Pulls Them Back In In a recent decision, the Appellate Division, Second Department modified a Supreme Court, Kings County order that granted…
Courts Chip Away at Hit-and-Run Reporting Requirements for Uninsured Motorist Claims
In the recent case, Pummer v. Engelbrecht, 2024 WL 5245037, (Pa. Super. Ct. Dec. 30, 2024), the Court was asked to evaluate whether an insurance carrier is required to establish…
Support Beams Support Summary Judgment
Dropped Objects Fall Squarely into Labor Law Protections In a recent decision, the Appellate Division, First Department unanimously reversed a Supreme Court, New York County decision that denied plaintiff’s motion…
Given Freely
Examining the Wave of Motions to Amend Complaints After Fraud Allegations I. P.L.R. § 3025(b) & Motions to Amend Answer to Assert Affirmative Defenses Motions to amend Answer to assert…