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...
Alliteration Part II
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...
Just Short
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...
Fashionably Early
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...
The Ladder Not Taken
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...
Unidentified Falling Objects
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’...
Well, This is Awkward
No One is Above the Labor Law, Not Even the Courts In a recent decision, the Supreme Court, Richmond County found itself as a defendant in a Labor Law action. In Ramnarine v. Staten Island Supreme Court, et al. (2024 NY Slip OP 50231(U)), plaintiff alleged that while...
“Slippery When Plastic”
Court of Appeals Rejects “Which of These Is Not Like the Others” Argument In traditional mob movies, when someone walks into a room with plastic covering the floor it’s never a good sign. A recent Court of Appeals decision shows us that it’s not great on the floor at...
“He Said, He Said.”
Second Department Determines Reliable Historian Talked His Way into Question of Fact Sometimes all a plaintiff needs to say is that the ladder moved, and plaintiff fell off of it, to establish prima facie entitlement to summary judgment in a Labor Law § 240(1) case. ...