In a recent decision in Johnson v. Toll Bros., Inc., 302 A.3d 1231 (Pa. Super. 2023), reargument denied (Oct. 18, 2023), the Superior Court of Pennsylvania considered the question of whether the statute of repose, commonly applied to bar recovery in construction...
Pennsylvania Superior Court Prohibits Policy-Based Exclusion of First-Party Medical Benefits
On December 5, 2023, the Pennsylvania Superior Court issued a published decision, Nationwide Property and Casualty Insurance Company v. Castaneda & Castaneda, --- A.3d ---- (Pa. Super. Ct. 2023), holding that automobile insurers must provide first-party benefits...
“Altering the Scope”
In a recent decision, Keilitz v. Light Tower Fiber N.Y., Inc., 2023 NY Slip Op 05661 (1st Dep’t 2023), the Appellate Division, First Department, overturned a Supreme Court, New York County decision that denied plaintiff’s motion for partial summary judgment as to...
“The Thanksgiving Special: Thankful for § 240(1)”
In a recent decision, Calloway v. American Park Place, LLC, 2023 NY Slip OP 05830 (4th Dep’t 2023), the Appellate Division, Fourth Department, inter alia, upheld a Supreme Court, Monroe County decision that granted plaintiff’s partial motion for summary judgment on...
Surveillance & The C.P.L.R.
I. SURVEILLANCE EXCHANGES, HISTORICALLY a. How surveillance exchanges work, historically. Surveillance exchanges date back, statutorily, to 1993 with the expansion of Article 31 of the C.P.L.R., which added subsection (i) to § 3101, to require full disclosure of...
“Stairway to Summary Judgment”
In a recent decision, Piedra v. 111 West 57th Property Owner, LLC, et al., 2023 NY Slip Op 04737 (1st Dep’t 2023), the Appellate Division, First Department affirmed the lower Court’s decision granting Plaintiff’s motion for summary judgment on liability on his Labor...
“Vamonos Pest”
In a recent decision, Castaneda v. Amsterco 67, LLC, the Appellate Division, First Department, affirmed the lower Court’s decision denying plaintiff’s motion for summary judgment on his Labor Law § 240(1) claim, and granting defendants’ cross-motions for summary...
Settling Pennsylvania Insurance Claims with Unrepresented Minors
Like settlements made with estates, Pennsylvania law provides a mechanism for court-approved settlement with minors. The law surrounding the court-approval of settlements with minors, however, differs in slight degrees and comes with distinct nuances. When settling...
Just in Time for Halloween: First Department Reaffirms Horrifyingly Low Bar for Labor Law § 240(1)
In a recent decision, Garcia v. 122-130 E. 23rd St. LLC, the Appellate Division, First Department unanimously revered a Supreme Court, New York County decision involving a Labor Law § 240(1) claim. Plaintiff commenced an action to recover damages for personal...
