Mixed Use
Residential and Commercial Mixed Use Not Disqualifying for Homeowners’ Exception to Labor Law §§ 240(1) and 241(6) In a recent decision, the Appellate Division, Fourth Department unanimously affirmed a Supreme…
Archives
Do You Even (Duct) Lift?
Duct Lift Slips From Ramp Short Distance – Still Sufficient for Elevation-Related Risk In a recent decision, the Appellate Division, Second Department modified a Supreme Court, Kings County decision that…
If You Build It, It Will Fall
“Job-Built” Ladder Falls at Construction Site Landing Plaintiff Summary Judgment In a recent decision the Appellate Division, Second Department affirmed a Supreme Court, Queens County decision that granted plaintiff’s motion…
Impact of Prior Decision on Current Case
Collateral Estoppel Limits Scope of Plaintiff’s Subsequent UIM Claim Plaintiff was involved in a work-related car accident on May 1, 2021, in Montgomery County, Pennsylvania and filed a workers compensation…
Sand Traps & Construction Sites
Sand Traps Not Just a Danger to Your Golf Game In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Queens County decision that granted plaintiff’s motion…
“When Does ‘Maintenance’ End and ‘Work’ Begin?”
Questions of Fact Regarding Covered Activities Preclude Summary Judgment One of the first questions that comes up when examining a Labor Law case is whether the plaintiff was engaged in…
Falling Not Required
Scaffold Basket Prevented Plaintiff From Falling, Summary Judgment Still Granted In a recent decision, the Appellate Division, Second Department modified a Supreme Court, Suffolk County decision that inter alia granted…
Case Update: “Alliteration Part II”
Author of Labor Law Periodical Still Very Excited about Labor Law *confetti* We have a case update! And our 150th Labor Law Submission! *confetti* You’ll recall from our submission, “Alliteration…
Bull**it
Bovine Excrement Results in Summary Judgment in Labor Law § 240(1) Case Sometimes it’s figuratively bull**it. Sometimes it’s literally bulls**it. In a recent decision, the Appellate Division, Second Department revered…
Superior Court Finds Lower UM/UIM Elections Valid For Life of Policy
In the recent case of Goodville Mut. Cas. Co. v. McNear, 2025 PA Super 48 (2025), the Superior Court was asked to decide whether insurers are required to obtain a…