“Job-Built” Ladder Falls at Construction Site Landing Plaintiff Summary Judgment In a recent decision the Appellate Division, Second Department affirmed a Supreme Court, Queens County decision that granted plaintiff’s motion for summary judgment as to his Labor Law §...
Impact of Prior Decision on Current Case
Collateral Estoppel Limits Scope of Plaintiff’s Subsequent UIM Claim Plaintiff was involved in a work-related car accident on May 1, 2021, in Montgomery County, Pennsylvania and filed a workers compensation claim for her injuries. While her workers’ compensation case...
Sand Traps & Construction Sites
Sand Traps Not Just a Danger to Your Golf Game In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Queens County decision that granted plaintiff’s motion for summary judgment as to his Labor Law § 241(6) cause of action as...
“When Does ‘Maintenance’ End and ‘Work’ Begin?”
Questions of Fact Regarding Covered Activities Preclude Summary Judgment One of the first questions that comes up when examining a Labor Law case is whether the plaintiff was engaged in a “covered activity” as contemplated by the statute. In a recent decision, the...
Falling Not Required
Scaffold Basket Prevented Plaintiff From Falling, Summary Judgment Still Granted In a recent decision, the Appellate Division, Second Department modified a Supreme Court, Suffolk County decision that inter alia granted plaintiff’s motion for summary judgment as to his...
Case Update: “Alliteration Part II”
Author of Labor Law Periodical Still Very Excited about Labor Law *confetti* We have a case update! And our 150th Labor Law Submission! *confetti* You’ll recall from our submission, “Alliteration Part II”, we wrote about window washers and the labor law. In that...
Bull**it
Bovine Excrement Results in Summary Judgment in Labor Law § 240(1) Case Sometimes it’s figuratively bull**it. Sometimes it’s literally bulls**it. In a recent decision, the Appellate Division, Second Department revered a Supreme Court, Orange County decision that...
Superior Court Finds Lower UM/UIM Elections Valid For Life of Policy
In the recent case of Goodville Mut. Cas. Co. v. McNear, 2025 PA Super 48 (2025), the Superior Court was asked to decide whether insurers are required to obtain a new uninsured/underinsured (“UM/UIM”) elections of lower limits waiver each time a new vehicle is added...
Brace Yourself
Rube Goldberg Machine Accidents Do Not Automatically Fall Under Labor Law § 240(1) In a recent decision, the Supreme Court, New York County dismissed plaintiff’s Labor Law § 240(1) claim as to all defendants. That same decision granted plaintiff’s motion for summary...