First Department Affirms Inept Co-Worker Not Bar to Summary Judgment Procedural History & Facts: In a recent decision, the Appellate Division, First Department unanimously upheld the portions of a Supreme Court, Bronx County decision that granted Plaintiff’s...
Detecting Bias: The Role of Expert Interrogatories in Pennsylvania Discovery
While seldom used, Pennsylvania allows parties to issue Expert Interrogatories during discovery under certain parameters. Unlike the federal courts, Pennsylvania does not allow a party to depose experts prior to trial. Expert Interrogatories thus allow the sole avenue...
Conflicting Narratives
Alternative Narratives Take Plaintiff’s Claim out of Labor Law Protections Procedural History & Facts: In a recent decision, the Supreme Court, Kings County denied plaintiff’s motion for summary judgment on his Labor Law § 240(1) cause of action due to a question...
The Courts May Be Getting the Gist of It
On September 26, 2024, in the case Bruno v. Roundhouse Cycles, Inc., 2024 WL 4307525 (E.D. Pa. Sept. 26, 2024), Judge Haines of the Western District of Pennsylvania dismissed a UTPCPL claim brought against a motorcycle dealership for alleged dealer fraud. The claim...
Hearsay, You Say?
No Amount of Hearsay Will Save You from Summary Judgment In a recent decision, the Appellate Division. First Department unanimously upheld a Supreme Court, New York County decision that granted plaintiff’s motion for summary judgment on his Labor Law § 241(6) claim as...
New Fear Unlocked
Elevator Falls Fifteen Floors After Sudden Stop In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that dismissed plaintiff’s Labor Law § 241(6) cause of action as predicated on Industrial Code § 23-7.3...
That Math Ain’t Mathing
Plaintiff’s Credibility Issues Add Up To Denial of Summary Judgment Motion In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Queens County decision that denied plaintiff’s motion for summary judgment on the issue of liability as...
Duality of Man
Superintendent/Occupant is Just Trying to Get Internet Like Everyone Else In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Nassau County decision that granted defendant’s motion for summary judgment to dismiss plaintiff’s Labor...
Carbon County Court of Common Pleas Enforces Motor Vehicle Liability Exclusion to Exclude Coverage for ATV collision
On June 28, 2024, in the declaratory judgment lawsuit Philadelphia Contributionship Insurance Company v. Brad Menaker et al., docket no. 22-1119, the Honorable Steven R. Serfass of the Carbon County Court of Common Pleas granted summary judgment for the Philadelphia...
