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)...
Inside the Lawyers Studio Podcast – Ep 5: First-Party Property Claims with Roger Harrington and Nicole M. Dovishaw
Our host, Scott J. Tredwell is joined by Roger Harrington of Harrington & Caldwell, P.C., and Nicole M. Dovishaw to discuss first-party property damage claims, bad faith implications, and the evolution of this area of law. Roger Harrington of Harrington &...
Good Vibrations
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...
“Eat Brick, Kid!”
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...
Swing for the Fences
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...
Inside the Lawyers Studio Podcast – Special Ep: Rush v. Erie – PA Supreme Court Decision with Glen Shikunov
Our host, Scott J. Tredwell is joined by a returning Glen Shikunov to discuss a recent Pennsylvania Supreme Court victory in Rush v. Erie where he achieved a unanimous decision upholding an insurer's right to utilize the regular use exclusion, including the history of...
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...
