“We don’t talk to each other” is reasonable excuse warranting vacatur of default. As a plaintiff’s counsel, why would you ever oppose a motion to dismiss knowing that the Second Department is going to do it for you on appeal? In a recent decision the Appellate...
The Limit
Second Department Defines the Bounds of the Labor Law In a recent decision, the Appellate Division, Second Department modified a Supreme Court, Queens County Order that dismissed plaintiff’s common-law negligence cause of action, as well as plaintiff’s Labor Law §§...
Textbook
No One Shocked as First Department Affirms Summary Judgment in § 240(1) Case After Fall Off of Ladder In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, Bronx County decision that granted plaintiff’s motion for partial...
‘Till Labor Law Do Us Part
Homeowners’ Exception Does Not Automatically Apply to Your Spouse Leading to Summary Judgment and an Awkward Conversation There are benefits to putting your spouse on your lease. In a recent decision, the Appellate Division, First Department unanimously affirmed a...
New Jersey Supreme Court Upholds Attorney Keyword Advertising, with a Disclaimer Requirement
In a closely watched ethics decision balancing attorney marketing practices with professional ethics, the New Jersey Supreme Court held that lawyers may permissibly engage in "competitive keyword advertising," purchasing a competitor attorney’s name as a keyword on...
Gravity Undefeated
Holes at Construction Sites Are a Quick Way Between Floors and to Summary Judgment In a recent decision, the Supreme Court, New York County granted plaintiff’s motion for summary judgment as to his Labor Law § 240(1) cause of action. That same decision also granted...
I Said What I Said
Third-Party Defendant Fails to Reargue Law of the Case Even if you ask nicely, the Court rarely changes its mind. In a recent decision, the Supreme Court, New York County denied third-party defendant’s motion for summary judgment to dismiss the third-party complaint. ...
The Full Reversal
Second Department reverses Nassau County decision that granted Plaintiff’s § 241(6) claim In a recent decision, the Appellate Division, Second Department reversed a Supreme Court, Nassau County order that denied defendant’s motion for summary judgment as to Labor Law...
Lights Out
It’s Curtains for Defendant in Temporary Stage Collapse Case Every so often it’s good to be reminded of what constitutes a “work” for the purposes of the Labor Law. In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court,...