Crack in Plumber’s Platform is No Joke In a recent decision, the Supreme Court, New York County gave us a reminder that there is no de minims test for the elevation in the elevation-related risk contemplated under Labor Law § 240(1). In Deas v. Turner Construction...

Difference Between I and II Runs Out Clock for Labor Law § 240(1) Claim There are competing forces in the law in New York, and if you’ve been following along, it would seem that the Labor Law is consistently King of the Hill.  Make no mistake, the Labor Law,...

First Department Diffuses Plaintiff’s Labor Law Claims Car accidents don’t usually feature in Labor Law fact patterns.  Injuries to plaintiff in Labor Law claims usually occur on the jobsite, while they are outside of a vehicle, and § 240(1) (the “Scaffold Law”)...

Climbing Wrong Side of Ladder Still Prima Facie for Labor Law § 240(1) Claim If you were wondering “What if plaintiff completely disregards the warning labels on a ladder?  Does he still have a Labor Law § 240(1) claim if he then falls off of it?” -- it’s your lucky...

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 –...