First Department Decision Reminds Us Warning Signs Are Not “Safety Devices” In a recent decision, the Appellate Division, First Department partially affirmed a Supreme Court, New York County decision that granted plaintiff-decedent’s motion for summary judgment as to...

Labor Law Defendants Across New York Dare to Hope Again In a recent decision, the Appellate Division, Second Department affirmed the portions of a Supreme Court, Queens County decision that denied plaintiff’s motion for summary judgment as to his Labor Law § 240(1)...

Conflicting Expert Opinions Keep Plaintiff’s § 240(1) Cause of Action Alive In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that denied defendants’ motion for summary judgment to dismiss the Complaint. ...

Residential and Commercial Mixed Use Not Disqualifying for Homeowners’ Exception to Labor Law §§ 240(1) and 241(6) In a recent decision, the Appellate Division, Fourth Department unanimously affirmed a Supreme Court, Niagara County decision that granted defendant’s...

Duct Lift Slips From Ramp Short Distance – Still Sufficient for Elevation-Related Risk In a recent decision, the Appellate Division, Second Department modified a Supreme Court, Kings County decision that granted the portions of defendant’s motion to dismiss...

“Job-Built” Ladder Falls at Construction Site Landing Plaintiff Summary Judgment 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 §...

Collateral Estoppel Limits Scope of Plaintiff’s Subsequent UIM Claim Plaintiff was involved in a work-related car accident on May 1, 2021, in Montgomery County, Pennsylvania and filed a workers compensation claim for her injuries.  While her workers’ compensation case...

Sand Traps Not Just a Danger to Your Golf Game 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 § 241(6) cause of action as...

Questions of Fact Regarding Covered Activities Preclude Summary Judgment One of the first questions that comes up when examining a Labor Law case is whether the plaintiff was engaged in a “covered activity” as contemplated by the statute.  In a recent decision, the...