Fourth Department Upholds Denial of Plaintiff’s Summary Judgment Motion to Account for Alternative Account of Incident In a recent decision, the Appellate Division, Fourth Department affirmed a Supreme Court, Monroe County decision that denied plaintiff’s motion for...

First Department Keeps Defendant’s Exit from Labor Law § 240(1) Claim Grounded In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that denied defendant’s motion for summary judgment to dismiss plaintiff’s...

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...

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...

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.) §...

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...

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...

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...

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...