Camouflaged Nail Trips Up Plaintiff Resulting in Summary Judgment on Labor Law § 241(6) Claim Camouflage in nature is a defense mechanism used mainly to hide. On a construction site, it’s used to help plaintiffs with their Labor Law § 241(6) claims. In Gervasi v....
Labor Law Adjacent
Failure to Plead Homeowners’ Exception to Labor Law §§ 200 & 241(6) Keeps Plaintiff from Tour of Domicile Usually, we cover decisions relating directly to the Labor Law. However, a recent Second Department case gives us a look into a discovery dispute that arose...
What a Relief
First Department Engages in Abstractionism to Find Question of Fact in Sculptor § 240(1) Case In a recent decision, the Appellate Division, First Department unanimously reversed a Supreme Court, New York County decision that dismissed plaintiff’s Labor Law § 240(1)...
Shared Interests ≠ United in Interest
“Just Because We Have a lot in Common Doesn’t Mean I’m Ready to be Long Term Co-Defendants.” The statute of limitations is a concept that essentially says, “you can’t wait too long to bring a lawsuit, otherwise, your claim, like an avocado, will expire before you know...
Et Tu, Brute?
It’s the Safety Inspectors We Love that Hurt Us the Most In Cuomo v. The Port Authority of New York & New Jersey, 2024 NY Slip Op 03008, plaintiff alleged that while working on a construction project at the Bayonne Bridge, a three-step temporary staircase he was...
Inside the Lawyers Studio Podcast – Ep. 9: Unraveling the Mysteries of Collision Reconstruction with Justin P. Schorr, Ph.D.
In this episode, host Scott J. Tredwell sits down with Justin P. Schorr, Ph.D., the Principal Collision Reconstruction Expert at DJS Associates to explore the intricate world of collision reconstruction as Dr. Schorr shares his expertise on how science and technology...
Inside the Lawyers Studio Podcast – Ep. 8: Civil Litigation with Plaintiff’s Counsel, Marni S. Berger and Pamela Playo Lin, and Defense Counsel, Martin Beck and Conrad James Benedetto
Our host, Scott J. Tredwell is joined by a roundtable of guests, including Marni S. Berger and Pamela Playo Lin at Anapol Weiss and Martin Beck and Conrad James Benedetto at McCormick & Priore, P.C. The roundtable is comprised of two experienced plaintiff...
New Jersey Supreme Court Expands Sidewalk Liability to Owners of Vacant Commercial Lots
In Alejandra Padilla v. Young Il An (A-43-22) (087862), the New Jersey Supreme Court reversed the Appellate Division’s decision in a case involving sidewalk liability for owners of vacant commercial lots. The Court's decision emphasized fairness and public policy and...
Are you Covered? New Jersey Ruling on Underinsured Motorists (UIM) Step Down Coverage for Resident Relatives
In Motil v. Wausau Underwriters Insurance, A-0400-23 (Appellate Division), which involves a significant decision on automobile insurance coverage, the New Jersey Appellate Division ruled in favor of the plaintiff affording her entitled to $100,000 underinsured...