More Than Just a John Mayer Greatest Hit We all really need to start being more careful when it comes to A-frame carts. In a recent decision, the Appellate Division, Second Department, modified a Supreme Court, Kings County decision that (1) denied the branch of...
Screw Loose
First Department Bucks Defendant’s Attempt at Summary Judgment In a recent decision, the Appellate Division, First Department unanimously upheld a Supreme Court, New York County decision that denied the defendant’s motion for summary judgment to dismiss plaintiff’s...
Sufficient Inconsistencies, Again
First Department Gives Us Hope on New Years Eve, 2024 A final parting gift from the First Department to bid 2024 “Adieu!” In a recent decision the Appellate Division, First Department unanimously reversed a Supreme Court, New York County decision that granted...
Ineffective In-Effect Safey Devices
“Pull-Down” Ladder Still Ladder for § 240(1) Cause of Action If it looks like a ladder, operates like a ladder, and fails suddenly without explanation, it’s probably a ladder for the purposes of Labor Law § 240(1). In a recent decision, the Appellate Division, Second...
Homeowners’ Exception to the Rescue
First Department Affirms Dismissal of Labor Law Claims Against Homeowners Finally, some positive news about housing in New York. In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, Bronx County decision that granted the...
SMLS: Alive in 2025
Sudden Moving Ladder Syndrome Continues to Spread A tale as old as time. In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, Bronx County decision that granted plaintiff’s motion for summary judgment as to his Labor Law...
Trending: Falling Cement
Cement Chunk Falls from Pillar at Fashion Institute of Technology In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that granted defendants’ motion for summary judgment, dismissing plaintiff’s Labor Law...
Watch Your Step
First Department Modifies Lower Court Decision Denying Plaintiff’s Motion for Summary Judgment as to Labor Law § 240(1). In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that denied plaintiff’s motion...
It’s Always the Co-Workers
Co-Worker Loss of Control Ramps Up Summary Judgment Finding Under § 241(6) A pallet jack, a ramp, and slippery conditions. Labor Law lawsuit ensues. In a recent decision, the Appellate Division, Second Department upheld a Supreme Court, Kings County decision that...