First Department Agrees with Lower Court on § 240(1) and Notes Plaintiff Would Have Also Won on § 241(6) Anyway The First Department gives us another look at a case where, in opposition to plaintiff’s motion for summary judgment, inconsistencies in the account of the...

In Maia v. IEW Construction Group, the New Jersey Supreme Court held that Chapter 212 of the Wage Payment Law (WPL) and the Wage and Hour Law (WHL) in New Jersey, which took effect on August 6, 2019, cannot be applied retroactively to conduct that occurred before this...

Homeowners Not Responsible for Meter Installer Closing Finger in Her Own Car Door It’s rare that we come across a clean sweep on summary judgment in favor of the defendants.  The Second Department, reminding defendants to never to lose hope, gives us a look at a...

Second Department Redlines Plaintiff’s Pleadings Resulting in Summary Judgment We’re giving serious consideration to starting a subseries of cases where the plaintiff fails to properly allege an Industrial Code section, does nothing about it until after discovery is...

Fourth Department Upholds Denial of Plaintiff’s Summary Judgment Motion to Account for Alternative Account of Incident In a recent decision, the Appellate Division, Fourth Department affirmed a Supreme Court, Monroe County decision that denied plaintiff’s motion for...

First Department Keeps Defendant’s Exit from Labor Law § 240(1) Claim Grounded In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that denied defendant’s motion for summary judgment to dismiss plaintiff’s...

Plywood – Historically, Not Awesome for Trampolines Sometimes you come across a fact pattern that reads like it’s a hypothetical that a diabolical professor dreamed up to torture 1L law students on their final examinations.  This is one such fact pattern. In a recent...

First Department Cites Hindsight in Determining “Foreseeability” Labor Law plaintiffs in Bronx County, New York cannot stop falling through floors. In a recent decision, the Appellate Division, First Department unanimously upheld a Supreme Court, Bronx County decision...

Question of Fact Keeps Plaintiff from Nailing § 241(6) Claim You’ll recall that claims arising from Labor Law § 241(6) need to be predicated on a sufficiently specific Industrial Code section.  The following case illustrates Industrial Code (22 N.Y.C.R.R.) §...