Preclusion Spoils Defendant’s Opposition Plans On a normal day, it’s tough to be a Labor Law defendant in the State of New York.  In a recent decision, the First Department shows us just how much worse it can get if Labor Law defendants forget the fundamentals of New...

Homeowners Clobbered by Pricing, Interest Rates, and the Labor Law. The Appellate Division, First Department, in a recent decision, took the time to clarify some details about the homeowner’s exception to Labor Law §§ 240(1) and 241(6).  The context is important –...

First Dept. Stands with Third and Fourth Depts. On § 4.2(k) It’s common knowledge that the Appellate Departments don’t agree on everything, and those disagreements extend to the Labor Law.  You’ll recall that claims under Labor Law § 241(6) must be predicated on a...

First Department Holds Plaintiff is Not Enumerated § 240(1) Device In a recent decision, the Appellate Division, First Department modified a Supreme Court, Bronx County decision that, inter alia[1], denied plaintiff’s motion for summary judgment on his Labor Law §...

First Department Threads the Needle on “Loss of Balance” If you haven’t been versing yourself in the Labor Law in your spare time, it can seem simply like “plaintiff always wins.”  Usually you’d be right, and that sentiment is true in the case discussed below. ...

The Double Recovery § 1722 Forgot In personal injury cases seeking damages, questions arise about whether a Plaintiff can plead, prove, and recover damages that were already paid for by another source. Normally you would have to worry about the application of the...

First Department Rejects “Recalcitrant Worker” Argument and Affirms Lower Court Holding In a recent decision, the Appellate Division, First Department, affirmed a lower Court decision that granted plaintiff’s motion for summary judgment as to his Labor Law § 240(1)...

Fourth Department Holds Lower Court Dismissal Doesn’t Stack Up Most of the action concerning New York’s Labor Law takes place in the “downstate” region, primarily in the 5 boroughs, areas constituting the First and Second Appellate Division Departments.  Refreshingly...

Fourth Department Airs Out Plaintiff’s Claim Involving Diesel Fumes In a recent decision, the Appellate Division, Fourth Department reversed a lower Court opinion that granted defendants’ motion for summary judgment and dismissed plaintiff’s Labor Law § 240(1)...