In Klar v. Dairy Farmers of America, Inc., 300 A.3d 361 (2023), the Supreme Court of Pennsylvania recently addressed the issue regarding the distinction between a “social host” and a liquor licensee, in its interpretation of Dram Shop Act, and its progeny of case law....
“Dance with The One Who Brought Ya”
In a recent decision, Flood v. Ahern Painting Contrs., Inc., the Appellate Division, Second Department affirmed the lower Court’s decision denying a Second Third-Party Defendant engineering firm’s motion for summary judgment. Plaintiff commenced an action to recover...
Settling Pennsylvania Insurance Claims with Unrepresented Estates
“Death is not the end; there remains the litigation over the estate.” Ambrose Bierce, from A Cynic Looks at Life (1912) So, you have settled an insurance claim with the executor or administrator of an unrepresented estate. Closing your file is as simple as having the...
Superior Court Reinforces Requirement of Good Faith Efforts to Serve Process
In a recent pair of non-precedential decisions, the Pennsylvania Superior Court re-affirmed the importance of good faith efforts to serve process on defendants. In Wimbs v. Wolfson, No. 927 WDA 2022, 2023 WL 5607356 (Pa. Super. Ct. Aug. 30, 2023), the plaintiff...
“Falling Irrelevant” in Elevation-Based Labor Law § 240(1)
In a recent decision, the Appellate Division, Second Department upheld long-standing case law that asks if “falling” is relevant to a Plaintiff’s Labor Law § 240(1) claims. By way of background, Labor Law § 240(1) focuses, inter alia, on cases involving workers...
Slam Dunkin’ Dismissal of Labor Law Claims in First Department
In a recent decision, the Appellate Division, First Department upheld a lower Court decision dismissing plaintiff’s claims based on Labor Law §§ 200, 240(1) and 241(6), but modified the portions of the lower Court decision, reinstating plaintiff’s common-law...
“Nailed it.”
In a recent decision, the Appellate Division, Second Department upheld a Supreme Court, Kings County decision denying plaintiff’s motion for summary judgment on the issue of liability on the causes of action alleging violations of Labor Law §§ 240(1) and 241(6)...
First Department Breaks Ground on Below-Grade Elevation-Related Hazards
In a recent decision, the Appellate Division, First Department considered the issue of whether a below-grade excavation cave-in represents an elevation-related hazard within the purview of Labor Law § 240(1). The facts of Rivas v. Seward Park Hous. Corp., 2023 NY Slip...
Second Department Rules for Rock-and-Roll over Sole Proximate Cause
In a recent decision, the Second Department reversed a Supreme Court, Rockland County Order granting defendant/third-party plaintiff and third-party defendants’ motions for summary judgment dismissing the cause of action alleging, inter alia, alleging violation of...
