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...

First Department Court Cites to Second Department Precedent In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that denied plaintiff’s motion for summary judgment as to his Labor Law § 240(1) cause of...

Plaintiff sued a major retailer and one of its employees in Philadelphia Court of Common Pleas over injuries sustained in a slip and fall.  Plaintiff’s counsel alleged that the employee was a business entity with the store’s business address and therefore a...

Supreme Court, Kings County Holds Failure to Provide Lifeline to Plaintiff in Fall From Height is Prima Facie Evidence of Summary Judgment In a recent decision, the Supreme Court, Kings County granted plaintiff’s motion for summary judgment as to his Labor Law §...

First Department Continues Expansion of “Covered” Activities In a recent decision, the Appellate Division, First Department modified a Supreme Court, Bronx County decision that grated the defendants’ motion for summary judgment to dismiss plaintiff’s Labor Law §...

NYCHA Gets Out on Summary Judgment; Second Department Pulls Them Back In In a recent decision, the Appellate Division, Second Department modified a Supreme Court, Kings County order that granted Defendant New York City Housing Authority’s motion for summary judgment,...

In the recent case, Pummer v. Engelbrecht, 2024 WL 5245037, (Pa. Super. Ct. Dec. 30, 2024), the Court was asked to evaluate whether an insurance carrier is required to establish prejudice in cases where a plaintiff seeking uninsured motorist benefits (“UM”) fails to...

Dropped Objects Fall Squarely into Labor Law Protections In a recent decision, the Appellate Division, First Department unanimously reversed a Supreme Court, New York County decision that denied plaintiff’s motion for summary judgment as to his Labor Law § 240(1)...

Examining the Wave of Motions to Amend Complaints After Fraud Allegations I.  P.L.R. § 3025(b) & Motions to Amend Answer to Assert Affirmative Defenses Motions to amend Answer to assert affirmative defense and counterclaim for fraud pursuant to C.P.L.R. § 3025(b)...