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...

“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...

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...

Solution to Epidemic of “Sudden Shifting” Ladders in New York is “Bolt them To the Floor” As the immortal Dave Chapelle once said, “modern problems require modern solutions.”  In a recent case, the First Department reminds us that ladders can’t suddenly shift if...

Camouflaged Nail Trips Up Plaintiff Resulting in Summary Judgment on Labor Law § 241(6) Claim Camouflage in nature is a defense mechanism used mainly to hide.  On a construction site, it’s used to help plaintiffs with their Labor Law § 241(6) claims.  In Gervasi v....

Failure to Plead Homeowners’ Exception to Labor Law §§ 200 & 241(6) Keeps Plaintiff from Tour of Domicile Usually, we cover decisions relating directly to the Labor Law.  However, a recent Second Department case gives us a look into a discovery dispute that arose...

First Department Engages in Abstractionism to Find Question of Fact in Sculptor § 240(1) Case In a recent decision, the Appellate Division, First Department unanimously reversed a Supreme Court, New York County decision that dismissed plaintiff’s Labor Law § 240(1)...