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...
Socially Host Your Next Golf Outing! Supreme Court of Pennsylvania Follows Precedent of No Liability Placed on a “Social Host”
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In a recent pair of non-precedential decisions, the Pennsylvania Superior Court re-affirmed the importance of good faith efforts to serve process on defendants.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...