First Dept. Stands with Third and Fourth Depts. On § 4.2(k) It’s common knowledge that the Appellate Departments don’t agree on everything, and those disagreements extend to the Labor Law. You’ll recall that claims under Labor Law § 241(6) must be predicated on a...
Don’t Be a Tool
First Department Holds Plaintiff is Not Enumerated § 240(1) Device In a recent decision, the Appellate Division, First Department modified a Supreme Court, Bronx County decision that, inter alia[1], denied plaintiff’s motion for summary judgment on his Labor Law §...
Never Underestimate a Good Tailor
First Department Threads the Needle on “Loss of Balance” If you haven’t been versing yourself in the Labor Law in your spare time, it can seem simply like “plaintiff always wins.” Usually you’d be right, and that sentiment is true in the case discussed below. ...
Collateral Damage: Heads I Win, Tails You Lose
The Double Recovery § 1722 Forgot In personal injury cases seeking damages, questions arise about whether a Plaintiff can plead, prove, and recover damages that were already paid for by another source. Normally you would have to worry about the application of the...
Classic First Department
First Department Rejects “Recalcitrant Worker” Argument and Affirms Lower Court Holding In a recent decision, the Appellate Division, First Department, affirmed a lower Court decision that granted plaintiff’s motion for summary judgment as to his Labor Law § 240(1)...
Tipping Point
Fourth Department Holds Lower Court Dismissal Doesn’t Stack Up Most of the action concerning New York’s Labor Law takes place in the “downstate” region, primarily in the 5 boroughs, areas constituting the First and Second Appellate Division Departments. Refreshingly...
Once Again, Summary Judgment Granted
Fourth Department Airs Out Plaintiff’s Claim Involving Diesel Fumes In a recent decision, the Appellate Division, Fourth Department reversed a lower Court opinion that granted defendants’ motion for summary judgment and dismissed plaintiff’s Labor Law § 240(1)...
Inside the Lawyers Studio Podcast – Ep 5: First-Party Property Claims with Roger Harrington and Nicole M. Dovishaw
Our host, Scott J. Tredwell is joined by Roger Harrington of Harrington & Caldwell, P.C., and Nicole M. Dovishaw to discuss first-party property damage claims, bad faith implications, and the evolution of this area of law. Roger Harrington of Harrington &...
Good Vibrations
First Department Upholds Vibes Not Sole Proximate Cause of Plaintiff’s Accident In a recent decision, the Appellate Division, First Department upheld the lower Court’s decision that granted plaintiff’s motion for summary judgment as to his Labor Law §240(1) claim. In...