You Shall Not Pass

Site of Plaintiff’s Fall Not Passageway According to Industrial Code In a recent decision, the Appellate Division, Second Department modified a Supreme Court, County order that denied the branches of defendants’ motion for summary judgment to dismiss plaintiff’s Labor...

Insufficient Inconsistencies, Again

Alternative Narratives Not Enough to Ward Off Summary Judgment In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that granted plaintiff’s summary judgment motion as to his Labor Law § 240(1) and denied...

What’s in a Date Anyway?

Second Department Reminds Us Plaintiff Doesn’t Need to Correctly Plead Date of Accident It really doesn’t matter when the accident happened. In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Queens County Order that granted...

Not Necessarily in Conflict

Conflicting Narratives of Accident Don’t Matter for Labor Law § 240(1) In a recent decision, the Supreme Court, New York County granted plaintiff’s motion for summary judgment, inter alia, as to his Labor Law § 240(1) cause of action.  In Veliu v. Verizon N.Y. Inc.,...

Homeowners’ Exception to the Rescue!

Preference for Ladders Over Scaffolding Not Sufficient for § 240(1) In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Kings County decision that granted the defendants’ motion for summary judgment dismissing the complaint and...

Another Narrative of Events

Rare Eyewitness on a § 240(1) Cause of Action In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Kings County decision that denied plaintiff’s motion for summary judgment as to his Labor Law §§ 240(1) and 241(6) causes of action....

Yet Another Classic

First Department Rejects Defendants’ Pipe Dreams of Reversal In a recent decision, the Appellate Division, First Department affirmed a Supreme Court, Bronx County decision that granted plaintiff’s motion for summary judgment as to his Labor Law § 240(1) cause of...

It’s (Conveniently) Outta Here!

On June 6, 2025, the United States District Court for the Eastern District of Pennsylvania granted a Motion to Transfer Woodward v. General Motors, LLC, 2025 U.S. Dist. Lexis 108258, 2025 WL 1616795 (E.D. Pa. June 6, 2025), to the United States District Court for the...