Well, This is Awkward

No One is Above the Labor Law, Not Even the Courts In a recent decision, the Supreme Court, Richmond County found itself as a defendant in a Labor Law action.  In Ramnarine v. Staten Island Supreme Court, et al. (2024 NY Slip OP 50231(U)), plaintiff alleged that while...

“Slippery When Plastic”

Court of Appeals Rejects “Which of These Is Not Like the Others” Argument In traditional mob movies, when someone walks into a room with plastic covering the floor it’s never a good sign.  A recent Court of Appeals decision shows us that it’s not great on the floor at...

“He Said, He Said.”

Second Department Determines Reliable Historian Talked His Way into Question of Fact Sometimes all a plaintiff needs to say is that the ladder moved, and plaintiff fell off of it, to establish prima facie entitlement to summary judgment in a Labor Law § 240(1) case. ...

“Pivot!”

First Department Holds that Plaintiff’s Labor Law § 240(1) Claim Fits the Mold If you’ve ever seen Friends, you know that you don’t help Ross move heavy objects up a staircase and, as the First Department reminds us, you don’t do it without a hoist. In DaSilva v. Toll...

“sole” – adj., meaning “one and only”

First Department Issues Monthly Reminder that “Sole” Means “One” If you’re wondering why these musings are suspiciously light on defendants emerging victorious on a “sole proximate cause” argument, it’s because those decisions are few and far between.  The First...

Protective Purview

First Department Provides Analysis of “Protected Activity” for Labor Law § 240(1) Claims Any analysis of a Labor Law § 240(1) claim must involve a determination of whether plaintiff is involved in the “erection, demolition, repairing, altering, painting, cleaning or...

“Hold!”

Premature Summary Judgment Motion Keeps Defendant Early Exit on Ice Every time someone talks about doing something too early, I can’t help but see William Wallace in Braveheart screaming “Hold!” as English heavy horses charge directly at him.  There, Wallace was...