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. ...

“Pivot!”

First Department Holds that Plaintiff’s Labor Law § 240(1) Claim Fits the Mold If you’ve ever seen Friends, you know that you don’t help Ross move heavy objects up a staircase and, as the First Department reminds us, you don’t do it without a hoist. In DaSilva v. Toll...