“We don’t talk to each other” is reasonable excuse warranting vacatur of default. As a plaintiff’s counsel, why would you ever oppose a motion to dismiss knowing that the Second Department is going to do it for you on appeal? In a recent decision the Appellate...

Second Department Defines the Bounds of the Labor Law In a recent decision, the Appellate Division, Second Department modified a Supreme Court, Queens County Order that dismissed plaintiff’s common-law negligence cause of action, as well as plaintiff’s Labor Law §§...

No One Shocked as First Department Affirms Summary Judgment in § 240(1) Case After Fall Off of Ladder In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, Bronx County decision that granted plaintiff’s motion for partial...

Homeowners’ Exception Does Not Automatically Apply to Your Spouse Leading to Summary Judgment and an Awkward Conversation There are benefits to putting your spouse on your lease. In a recent decision, the Appellate Division, First Department unanimously affirmed a...

In a closely watched ethics decision balancing attorney marketing practices with professional ethics, the New Jersey Supreme Court held that lawyers may permissibly engage in "competitive keyword advertising," purchasing a competitor attorney’s name as a keyword on...

Holes at Construction Sites Are a Quick Way Between Floors and to Summary Judgment In a recent decision, the Supreme Court, New York County granted plaintiff’s motion for summary judgment as to his Labor Law § 240(1) cause of action.  That same decision also granted...