First Department Gives Us Hope on New Years Eve, 2024 A final parting gift from the First Department to bid 2024 “Adieu!” In a recent decision the Appellate Division, First Department unanimously reversed a Supreme Court, New York County decision that granted...

“Pull-Down” Ladder Still Ladder for § 240(1) Cause of Action If it looks like a ladder, operates like a ladder, and fails suddenly without explanation, it’s probably a ladder for the purposes of Labor Law § 240(1). In a recent decision, the Appellate Division, Second...

First Department Affirms Dismissal of Labor Law Claims Against Homeowners Finally, some positive news about housing in New York. In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, Bronx County decision that granted the...

Sudden Moving Ladder Syndrome Continues to Spread A tale as old as time. In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, Bronx County decision that granted plaintiff’s motion for summary judgment as to his Labor Law...

Cement Chunk Falls from Pillar at Fashion Institute of Technology In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that granted defendants’ motion for summary judgment, dismissing plaintiff’s Labor Law...

First Department Modifies Lower Court Decision Denying Plaintiff’s Motion for Summary Judgment as to Labor Law § 240(1).  In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that denied plaintiff’s motion...

Co-Worker Loss of Control Ramps Up Summary Judgment Finding Under § 241(6) A pallet jack, a ramp, and slippery conditions.  Labor Law lawsuit ensues. In a recent decision, the Appellate Division, Second Department upheld a Supreme Court, Kings County decision that...

First Department Court Cites to Second Department Precedent In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that denied plaintiff’s motion for summary judgment as to his Labor Law § 240(1) cause of...

Plaintiff sued a major retailer and one of its employees in Philadelphia Court of Common Pleas over injuries sustained in a slip and fall.  Plaintiff’s counsel alleged that the employee was a business entity with the store’s business address and therefore a...