First Department Confirms It’s Never Too Early for Labor Law § 240(1) Summary Judgment Motions In a recent decision, the Appellate Division, First Department unanimously reversed a Supreme Court, New York County decision that denied Plaintiff’s motion for summary...
Another Tale of Sufficient Inconsistencies
Plaintiff’s Shirt Causes Question of Fact in Labor Law § 240(1) Cause of Action In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that, inter alia, denied defendants’ motion for summary judgment to...
A Series of Labor Law Events
Sequencing Distinguishes “Falling Out of Flatbed” Cases At first glance this may seem like an “open and shut” win for defendants. based on our previous reporting regarding fact patterns where plaintiffs fall out of flatbed truck. In a recent decision, the Supreme...
A Gift from The Heavens
First Department Affirms Denial, But Declines to Look for Summary Judgment for Plaintiff In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, Bronx County decision that denied defendant’s motion for summary judgment to...
A Classic
Plaintiff Has Poor Time at the Theatre In a recent decision, the Supreme Court, New York County recently granted plaintiff’ motion for summary judgment as to his Labor Law § 240(1) cause of action. In Booth v. Lincoln Ctr. for the Performing Arts, Inc., plaintiff...
No matter how you slice it, expert testimony must be with a reasonable degree of certainty.
In a non-precedential decision, the Superior Court of Pennsylvania, in Peterson v. Stacy’s Pizza, Inc., 2025 Pa. Super. Unpub. Lexis 108, 2025 WL 88444 (Jan. 14, 2025), reviewed a premises liability case in which Plaintiff, a delivery driver, was injured by a falling...
2 of 3 in the Third-Department
Flying Lumber Keeps Defendant in Labor Law § 200 Case With co-workers like these, who needs enemies? In a recent decision, the Appellate Division, Third Department modified a Supreme Court, Ostego County decision that denied plaintiff and defendant’s motions for...
Inside the Lawyers Studio Podcast – Season 2, Ep. 1 – Crash, Click, Capture: The Digital Evidence Behind Accidents with Dr. Schorr & Mr. Primrose
In the premiere episode of Season 2, host Scott Tredwell welcomes back Dr. Justin Schorr, an expert in accident reconstruction, alongside digital forensics specialist Timothy R. Primrose. The conversation explores the evolving landscape of forensic investigations,...
When the Shoe Doesn’t Fit (Summary Judgment Is Warranted)
Recently, in Livshitz v. Designer Brands, Inc., No. 23-3082, 2025 WL 80259 (3d Cir. Jan. 13, 2025), the Honorable John F. Murphy of the Third Circuit affirmed the United States District Court for the Eastern District of Pennsylvania’s grant of summary judgment in...