Tipping Point

Fourth Department Holds Lower Court Dismissal Doesn’t Stack Up Most of the action concerning New York’s Labor Law takes place in the “downstate” region, primarily in the 5 boroughs, areas constituting the First and Second Appellate Division Departments.  Refreshingly...

Once Again, Summary Judgment Granted

Fourth Department Airs Out Plaintiff’s Claim Involving Diesel Fumes In a recent decision, the Appellate Division, Fourth Department reversed a lower Court opinion that granted defendants’ motion for summary judgment and dismissed plaintiff’s Labor Law § 240(1)...

Good Vibrations

First Department Upholds Vibes Not Sole Proximate Cause of Plaintiff’s Accident In a recent decision, the Appellate Division, First Department upheld the lower Court’s decision that granted plaintiff’s motion for summary judgment as to his Labor Law §240(1) claim.  In...

“Eat Brick, Kid!”

First Department Can’t Get Away from Falling Bricks Just about any time bricks and gravity are involved in a fact pattern, you’d be hard pressed to not think about Home Alone 2: Lost in New York.  There, a defiant Marv attempts to hit Kevin McCallister by throwing a...

Swing for the Fences

Second Department Holds Defendant’s Summary Judgment Motion on § 200 Fails to “Go Yard” In a recent decision the Appellate Division, Second Department affirmed the lower Court’s decision that denied defendant’s motion for summary judgment to dismiss the causes of...

Alliteration Part II

Labor Law & Window Washers I know it might not seem like it, but contrary to popular belief, there are more sections of the Labor Law than §§ 240(1), 200 and 241(6).  In a recent decision, the Supreme Court, New York County gave us an in-depth analysis of Labor...

Just Short

Too Small Ladder Precludes Parties from Reaching Summary Judgment In a recent decision, the Appellate Division, Second Department affirmed a lower Court order that denied defendants’ motion for summary judgment dismissing plaintiff’s causes of action alleging...