Toss Me A Lifeline

Supreme Court, Kings County Holds Failure to Provide Lifeline to Plaintiff in Fall From Height is Prima Facie Evidence of Summary Judgment In a recent decision, the Supreme Court, Kings County granted plaintiff’s motion for summary judgment as to his Labor Law §...

“We got you covered.”

First Department Continues Expansion of “Covered” Activities In a recent decision, the Appellate Division, First Department modified a Supreme Court, Bronx County decision that grated the defendants’ motion for summary judgment to dismiss plaintiff’s Labor Law §...

Housing Crisis

NYCHA Gets Out on Summary Judgment; Second Department Pulls Them Back In In a recent decision, the Appellate Division, Second Department modified a Supreme Court, Kings County order that granted Defendant New York City Housing Authority’s motion for summary judgment,...

Support Beams Support Summary Judgment

Dropped Objects Fall Squarely into Labor Law Protections In a recent decision, the Appellate Division, First Department unanimously reversed a Supreme Court, New York County decision that denied plaintiff’s motion for summary judgment as to his Labor Law § 240(1)...

Given Freely

Examining the Wave of Motions to Amend Complaints After Fraud Allegations I.  P.L.R. § 3025(b) & Motions to Amend Answer to Assert Affirmative Defenses Motions to amend Answer to assert affirmative defense and counterclaim for fraud pursuant to C.P.L.R. § 3025(b)...

The Inherently Speculative Nature of Future Medical Expenses

The Honorable Gerald A. McHugh of the Eastern District Court of Pennsylvania recently held in Morris v. Sutton, No. CV 23-2806, 2025 WL 564933 (E.D. Pa. Feb. 19, 2025) that 75 Pa. C.S.A. §1722 of Pennsylvania’s Motor Vehicle Financial Responsibility Law (“MVFRL”) did...

Flashing at a Concession Stand

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...

Unlimited Breadsticks > Labor Law § 240(1)

Third Department Affirms Denial of Plaintiff’s Summary Judgment Motion due to Question of Fact Involving Sole Proximate Cause Defense Never bet against unlimited breadsticks.  In a recent decision, the Appellate Division, Third Department affirmed a Supreme Court,...