“Sudden-Moving-Ladder Syndrome” Sets Up Mixed Bag Decision from the First Department This decision from the First Department is the equivalent of an appetizer sampler at many popular restaurant chains.  We’re going on a journey into Labor Law §§ 240(1) and 200,...

Welding Clamp Sets Out on Adventure Through Construction Site to Strike Plaintiff with the Help of Gravity In a recent decision, the Supreme Court, New York County granted plaintiff’s motion for summary judgment as to his Labor Law § 240(1) claim, and, as a result,...

Quack, Quack, Quack, Quack . . . In a recent decision, the Appellate Division, First Department reversed a Supreme Court, New York County decision that denied plaintiff’s motion for summary judgment as to his Labor Law § 240(1) claim against defendants.  In Rivera v....

First Department Holds Finds in Favor of Plaintiff Because Defendants Lack of Omniscience “Foreseeability” often comes up in the context of Labor Law § 240(1), in that a plaintiff in a case involving the collapsing of a permanent structure must establish that the...

“Sudden-Moving-Ladder Syndrome” Sets Up Second Department for Good Ole’ Fashioned § 240(1) Fun The SMLS saga continues. We’re going to be untangling some legal knotwork in the following decision, so a quick word regarding the decisions from the lower Court is...

Court of Appeals Sets Up First Department to Dunk on Supreme Court, Bronx County Decision We love a good throwdown. We recently wrote about a decision from the Court of Appeals in Bazdaric, regarding whether plastic was a “slippery substance” for the purposes of...