First Department Modifies Lower Court Order Denying Plaintiff’s Motion for Summary Judgment as to Labor Law § 240(1). In a recent decision, the Appellate Division, First Department reversed a Supreme Court, Bronx County decision that, inter alia, denied plaintiff’s...

Supreme Court, Kings County Denies Plaintiff’s Summary Judgment Motion Where Ladder Didn’t Cause the Accident Bringing Hope to Labor Law Defendants In a recent decision, the Supreme Court, Kings County denied plaintiff’s motion for summary judgment as to his Labor Law...

Worksite Cleanup Covered Activity Under Labor Law § 240(1) in the Right Context In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, New York decision that granted plaintiff’s motion for summary judgment as to his Labor...

Recently, the Superior Court of Pennsylvania in Dailey v. Smith, 2024 WL 4456426, -- A.3d -- (Pa. Super. Ct. Oct. 10, 2024), analyzed whether the trial court erred in not submitting the issue of comparative negligence to the jury when evidence existed that a jury...

Supreme Court Clears Up Confusion and Holds It’s a Reasonable Excuse Procedural History & Facts: In a recent decision, the Supreme Court, New York County granted plaintiff’s motion to deem late service of a notice of claim nunc pro tunc[1] pursuant to General...

Recently, in Troseth v. Carson Helicopters Holdings Co., 2024 WL 4444001 (Pa. Super. Ct. Oct. 8, 2024), the Pennsylvania Superior Court reversed the lower court verdict, in which the judge overruled the defendants’ preliminary objections challenging venue in...

First Department Affirms Inept Co-Worker Not Bar to Summary Judgment Procedural History & Facts: In a recent decision, the Appellate Division, First Department unanimously upheld the portions of a Supreme Court, Bronx County decision that granted Plaintiff’s...

While seldom used, Pennsylvania allows parties to issue Expert Interrogatories during discovery under certain parameters. Unlike the federal courts, Pennsylvania does not allow a party to depose experts prior to trial. Expert Interrogatories thus allow the sole avenue...

Alternative Narratives Take Plaintiff’s Claim out of Labor Law Protections Procedural History & Facts: In a recent decision, the Supreme Court, Kings County denied plaintiff’s motion for summary judgment on his Labor Law § 240(1) cause of action due to a question...