“Sudden-Moving-Ladder Syndrome” Sets Up Mixed Bag Decision from the First Department This decision from the First Department is the equivalent of an appetizer sampler at many popular restaurant chains. We’re going on a journey into Labor Law §§ 240(1) and 200,...
Bank Shot
Welding Clamp Sets Out on Adventure Through Construction Site to Strike Plaintiff with the Help of Gravity In a recent decision, the Supreme Court, New York County granted plaintiff’s motion for summary judgment as to his Labor Law § 240(1) claim, and, as a result,...
Ducts Fly Together
Quack, Quack, Quack, Quack . . . In a recent decision, the Appellate Division, First Department reversed a Supreme Court, New York County decision that denied plaintiff’s motion for summary judgment as to his Labor Law § 240(1) claim against defendants. In Rivera v....
Should Have Seen It Coming, Part II
First Department Holds Finds in Favor of Plaintiff Because Defendants Lack of Omniscience “Foreseeability” often comes up in the context of Labor Law § 240(1), in that a plaintiff in a case involving the collapsing of a permanent structure must establish that the...
The Epidemic, Part II
“Sudden-Moving-Ladder Syndrome” Sets Up Second Department for Good Ole’ Fashioned § 240(1) Fun The SMLS saga continues. We’re going to be untangling some legal knotwork in the following decision, so a quick word regarding the decisions from the lower Court is...
Alley-oop
Court of Appeals Sets Up First Department to Dunk on Supreme Court, Bronx County Decision We love a good throwdown. We recently wrote about a decision from the Court of Appeals in Bazdaric, regarding whether plastic was a “slippery substance” for the purposes of...
GMU § 50-e(1)(a) > Labor Law § 240(1)
No Reasonable Excuse for 90-Day Delay in 90-Day Notice While the focus for our purposes is all things Labor Law, it’s important to remember that there are other laws out there, including the General Municipal Law. Details regarding the subject incident for this case...
Modern Problems & Modern Solutions
Solution to Epidemic of “Sudden Shifting” Ladders in New York is “Bolt them To the Floor” As the immortal Dave Chapelle once said, “modern problems require modern solutions.” In a recent case, the First Department reminds us that ladders can’t suddenly shift if...
Nailed It, Part II
Camouflaged Nail Trips Up Plaintiff Resulting in Summary Judgment on Labor Law § 241(6) Claim Camouflage in nature is a defense mechanism used mainly to hide. On a construction site, it’s used to help plaintiffs with their Labor Law § 241(6) claims. In Gervasi v....
