Fourth Department Opens the Door for Slippery Roof Pitch in Future Cases In a recent decision, the Appellate Division, Fourth Department unanimously reversed a Supreme Court, Monroe County decision that denied plaintiff’s motion for summary judgment as to his Labor...

The Homeowners’ Exception to Labor Law § 2410(1) is Not Automatic In a recent decision, the Appellate Division, Second Department unanimously affirmed a Supreme Court, Kings County decision that denied a defendant homeowner’s motion for summary judgment to dismiss...

Forklifts Required to Escape Labor Law § 240(1) Liability in First Department In a recent decision, the Supreme Court, New York County denied defendant’s motion for summary judgment to dismiss plaintiff’s Labor Law § 240(1) cause of action.  In Bordonaro v. E.C....

In a recently published decision by the New Jersey Appellate Division in Allstate New Jersey Insurance Company, et al v. Carteret Comprehensive Medical Care, PC, et al, A-0778-23 (2025), the court addressed whether insurance fraud claims brought under New Jersey’s...

First Department Decision Reminds Us Warning Signs Are Not “Safety Devices” In a recent decision, the Appellate Division, First Department partially affirmed a Supreme Court, New York County decision that granted plaintiff-decedent’s motion for summary judgment as to...

Labor Law Defendants Across New York Dare to Hope Again In a recent decision, the Appellate Division, Second Department affirmed the portions of a Supreme Court, Queens County decision that denied plaintiff’s motion for summary judgment as to his Labor Law § 240(1)...

Conflicting Expert Opinions Keep Plaintiff’s § 240(1) Cause of Action Alive In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that denied defendants’ motion for summary judgment to dismiss the Complaint. ...

Residential and Commercial Mixed Use Not Disqualifying for Homeowners’ Exception to Labor Law §§ 240(1) and 241(6) In a recent decision, the Appellate Division, Fourth Department unanimously affirmed a Supreme Court, Niagara County decision that granted defendant’s...

Duct Lift Slips From Ramp Short Distance – Still Sufficient for Elevation-Related Risk In a recent decision, the Appellate Division, Second Department modified a Supreme Court, Kings County decision that granted the portions of defendant’s motion to dismiss...