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...

“Gotta Fix That Step”

Supreme Court Severs Claims After Parties’ Misstep It’s important to cover all your bases when moving for summary judgment because, in a recent decision, the Supreme Court, New York County shows us that if you don’t the Court isn’t going to do the work for you. In...

“…and one!”

First Department Agrees with Lower Court on § 240(1) and Notes Plaintiff Would Have Also Won on § 241(6) Anyway The First Department gives us another look at a case where, in opposition to plaintiff’s motion for summary judgment, inconsistencies in the account of the...

Pinky Promise

Homeowners Not Responsible for Meter Installer Closing Finger in Her Own Car Door It’s rare that we come across a clean sweep on summary judgment in favor of the defendants.  The Second Department, reminding defendants to never to lose hope, gives us a look at a...

Amend at Your Leisure, Part III

Second Department Redlines Plaintiff’s Pleadings Resulting in Summary Judgment We’re giving serious consideration to starting a subseries of cases where the plaintiff fails to properly allege an Industrial Code section, does nothing about it until after discovery is...

Sufficiently Relevant Inconsistencies

Fourth Department Upholds Denial of Plaintiff’s Summary Judgment Motion to Account for Alternative Account of Incident In a recent decision, the Appellate Division, Fourth Department affirmed a Supreme Court, Monroe County decision that denied plaintiff’s motion for...

No Departures

First Department Keeps Defendant’s Exit from Labor Law § 240(1) Claim Grounded In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that denied defendant’s motion for summary judgment to dismiss plaintiff’s...