Down Bad[1]

Plywood – Historically, Not Awesome for Trampolines Sometimes you come across a fact pattern that reads like it’s a hypothetical that a diabolical professor dreamed up to torture 1L law students on their final examinations.  This is one such fact pattern. In a recent...

Should’ve Seen It Coming

First Department Cites Hindsight in Determining “Foreseeability” Labor Law plaintiffs in Bronx County, New York cannot stop falling through floors. In a recent decision, the Appellate Division, First Department unanimously upheld a Supreme Court, Bronx County decision...

Proper (Nail)Gun Safety

Question of Fact Keeps Plaintiff from Nailing § 241(6) Claim You’ll recall that claims arising from Labor Law § 241(6) need to be predicated on a sufficiently specific Industrial Code section.  The following case illustrates Industrial Code (22 N.Y.C.R.R.) §...

Do Unto Others

First Department Upholds Labor Law Applies to Good Samaritans You may believe that good deeds in this life are rewarded in the afterlife.  The Labor Law says you don’t have to wait that long.  In Britt v. Levgar Equities Corporation, et al., 2024 NY Slip Op 02497 (1st...

Woodchuck Chuck

Cut Wood Comes Back for Vengeance In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Queens County decision that granted plaintiff’s motion for summary judgment as to his Labor Law § 240(1) claim.  In Cevallos v. WBB...

Discovery Optional, Part Deux

First Department Upholds Summary Judgment for Plaintiff with Significant Discovery Outstanding As we have previously reported, in civil actions in New York, especially actions involving Labor Law § 240(1), discovery needs to be completed to establish a prima facie...

Bricks & Gravity

Second Department Gives Us Another Iteration of A Classic Labor Law Fact Pattern In a recent decision, the Appellate Division, Second Department, reversed a Supreme Court, Queens County decision that granted the defendants’ motion for summary judgment to dismiss...

Rushing to Uphold Precedent in the Federal Courts

Federal Court Rejects Challenge to Regular Use Exclusion as Violative of UM/UIM “Stacking” Requirements Recently, the District Court for the Eastern District of Pennsylvania in Dayton v. Hartford Ins., No. 3:20-CV-1833, 2024 WL 1745041 (M.D. Pa. Apr. 23, 2024)...

Is the Customer Always Right?

Service of a Complaint in the Eyes of the Pennsylvania Supreme Court One of the most basic elements to a successful restaurant is good customer service. Similarly, good service, of a complaint, is a basic element of effectively beginning a lawsuit. Recently, in...