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)...

First Department Upholds Vibes Not Sole Proximate Cause of Plaintiff’s Accident In a recent decision, the Appellate Division, First Department upheld the lower Court’s decision that granted plaintiff’s motion for summary judgment as to his Labor Law §240(1) claim.  In...

First Department Can’t Get Away from Falling Bricks Just about any time bricks and gravity are involved in a fact pattern, you’d be hard pressed to not think about Home Alone 2: Lost in New York.  There, a defiant Marv attempts to hit Kevin McCallister by throwing a...

Second Department Holds Defendant’s Summary Judgment Motion on § 200 Fails to “Go Yard” In a recent decision the Appellate Division, Second Department affirmed the lower Court’s decision that denied defendant’s motion for summary judgment to dismiss the causes of...

Labor Law & Window Washers I know it might not seem like it, but contrary to popular belief, there are more sections of the Labor Law than §§ 240(1), 200 and 241(6).  In a recent decision, the Supreme Court, New York County gave us an in-depth analysis of Labor...

Too Small Ladder Precludes Parties from Reaching Summary Judgment In a recent decision, the Appellate Division, Second Department affirmed a lower Court order that denied defendants’ motion for summary judgment dismissing plaintiff’s causes of action alleging...

Third Department Recommends Showing Up for Work Early, but Not Too Early In a recent decision, the Appellate Division, Third Department, modified a Supreme Court, Sullivan County decision that partially denied defendant’s motion for summary judgment dismissing...

Road Less Traveled Makes All the Difference for Labor Law § 240(1) Claim Two paths diverged on a yellow scaffold, And sorry I could not travel both And be one construction worker, long I stood And looked down one with a ladder as far as I could To where it ended in...

First Department Finds UFOs Sufficient to Uphold Labor Law § 240(1) Claim In a recent decision, the Appellate Division, First Department modified a lower court order that denied plaintiff’s motion for summary judgment as to Labor Law § 240(1), and denied defendants’...