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). The facts of Rivas v. Seward Park Hous. Corp., 2023 NY Slip...

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, inter alia, alleging violation of...

In a recent decision in Golik v. Erie Ins. Exch., 2023 PA Super 150 (Aug. 7, 2023)(approved for publication, no citation yet available), the Superior Court of Pennsylvania considered as a matter of first impression the question of whether a first named insured’s...

In a recent decision, the Fourth Department reversed a Supreme Court, Erie County Order granting plaintiff’s motion for summary judgment on liability pursuant to Labor Law § 200 (“codified negligence”) and denying defendant’s cross-motion for summary judgment...

Last year, Glen Shikunov of McCormick & Priore, P.C. successfully litigated an appeal on a matter of first impression in the Superior Court in Erie Ins. Exch. v. Backmeier, 287 A.3d 931 (Pa. Super. 2022) wherein the Court rejected an attempt by a Plaintiff to...

In a pair of recent cases, the Second Department considered what “work” is “ancillary” to activity falling under the purview of Labor Law § 240(1).  By way of background, Labor Law § 240(1), also known notoriously as “The Scaffold Law,” protects workers from...

In a recent decision The Fourth Department reversed a Supreme Court Order, holding that Industrial Code provision 12 NYCRR § 23-4.2(k) is not sufficiently specific to support a Labor Law § 241(6) cause of action.  We note, Labor Law § 241(6) claims are required to be...