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,...

Homeownership Can Be Tough

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...

Pallet Jacks Don’t Cut It

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....