Failure to Plead Homeowners’ Exception to Labor Law §§ 200 & 241(6) Keeps Plaintiff from Tour of Domicile Usually, we cover decisions relating directly to the Labor Law. However, a recent Second Department case gives us a look into a discovery dispute that arose...
What a Relief
First Department Engages in Abstractionism to Find Question of Fact in Sculptor § 240(1) Case In a recent decision, the Appellate Division, First Department unanimously reversed a Supreme Court, New York County decision that dismissed plaintiff’s Labor Law § 240(1)...
Shared Interests ≠ United in Interest
“Just Because We Have a lot in Common Doesn’t Mean I’m Ready to be Long Term Co-Defendants.” The statute of limitations is a concept that essentially says, “you can’t wait too long to bring a lawsuit, otherwise, your claim, like an avocado, will expire before you know...
Et Tu, Brute?
It’s the Safety Inspectors We Love that Hurt Us the Most In Cuomo v. The Port Authority of New York & New Jersey, 2024 NY Slip Op 03008, plaintiff alleged that while working on a construction project at the Bayonne Bridge, a three-step temporary staircase he was...
New Jersey Supreme Court Expands Sidewalk Liability to Owners of Vacant Commercial Lots
In Alejandra Padilla v. Young Il An (A-43-22) (087862), the New Jersey Supreme Court reversed the Appellate Division’s decision in a case involving sidewalk liability for owners of vacant commercial lots. The Court's decision emphasized fairness and public policy and...
Are you Covered? New Jersey Ruling on Underinsured Motorists (UIM) Step Down Coverage for Resident Relatives
In Motil v. Wausau Underwriters Insurance, A-0400-23 (Appellate Division), which involves a significant decision on automobile insurance coverage, the New Jersey Appellate Division ruled in favor of the plaintiff affording her entitled to $100,000 underinsured...
Ride Share Exclusion Upheld
A United States District Court judge in the Eastern District of Pennsylvania recently granted a motion for summary judgement by Defendant in a declaratory judgement and insurance bad faith action. In Moore v. USAA, Plaintiff alleged that she was making a delivery for...
Do Not Amend At Your Leisure
Accident Straight Out of Michael Bay Movie Not Enough for Summary Judgment on Plaintiff’s § 240(1) Claim The Supreme Court, New York County, recently denied a motion for summary judgment by plaintiff as to a Labor Law § 240(1) claim. While this is news in and of...
Trip? Slip? Trip n’ Slip?
Supreme Court Sifts Through Debris on §§ 200 and 241(6) Claims What happens if plaintiff moves for summary judgment when he can’t identify what actually caused the accident and cannot recall if he tripped or slipped or both? In MacMenamin v. 95th and Third LLC, 2024...