Working on Stilts, In the Dark. What Could Go Wrong? New York is the “City that Never Sleeps” that also happens to never be short on fact patterns for Labor Law cases. In this post, we’re taking a break from ladders and talking about stilts. In Calderon v. Gilbane...
The Epidemic, Part III
“Sudden-Moving-Ladder Syndrome” Sets Up Mixed Bag Decision from the First Department This decision from the First Department is the equivalent of an appetizer sampler at many popular restaurant chains. We’re going on a journey into Labor Law §§ 240(1) and 200,...
Glen Shikunov Secures Superior Court Decision Re-Affirming “Regular Use Exclusion”
In a recent decision in Jones v. Erie Ins. Exch., 2024 PA Super 139 (July 3, 2024) (approved for publication, no citation yet available), the Superior Court of Pennsylvania considered the validity of the “regular use exclusion” in uninsured/underinsured benefits...
Bank Shot
Welding Clamp Sets Out on Adventure Through Construction Site to Strike Plaintiff with the Help of Gravity In a recent decision, the Supreme Court, New York County granted plaintiff’s motion for summary judgment as to his Labor Law § 240(1) claim, and, as a result,...
Ducts Fly Together
Quack, Quack, Quack, Quack . . . In a recent decision, the Appellate Division, First Department reversed a Supreme Court, New York County decision that denied plaintiff’s motion for summary judgment as to his Labor Law § 240(1) claim against defendants. In Rivera v....
Should Have Seen It Coming, Part II
First Department Holds Finds in Favor of Plaintiff Because Defendants Lack of Omniscience “Foreseeability” often comes up in the context of Labor Law § 240(1), in that a plaintiff in a case involving the collapsing of a permanent structure must establish that the...
The Epidemic, Part II
“Sudden-Moving-Ladder Syndrome” Sets Up Second Department for Good Ole’ Fashioned § 240(1) Fun The SMLS saga continues. We’re going to be untangling some legal knotwork in the following decision, so a quick word regarding the decisions from the lower Court is...
Inside the Lawyers Studio Podcast – Ep. 10: The Final Verdict with Robert J. Mongeluzzi and Philip D. Priore
Welcome to the season finale of Inside the Lawyer's Studio. Our host Scott J. Tredwell is joined by two distinguished guests: Robert J. Mongeluzzi and Philip D. Priore. In this season finale, Scott, Bob, and Phil discuss the nuances of legal practice, sharing...
Alley-oop
Court of Appeals Sets Up First Department to Dunk on Supreme Court, Bronx County Decision We love a good throwdown. We recently wrote about a decision from the Court of Appeals in Bazdaric, regarding whether plastic was a “slippery substance” for the purposes of...