BREAKING GROUND

Trends In New York Construction Law

01
AUG
2018

Do We Have a Deal?

Clients Must Obtain a Fully Executed Copy of their Agreement to Avoid a Challenge of Unenforceability When a client, typically either an owner or contractor, does not insist on obtaining a fully executed copy of an agreement with an entity it retains to perform work, an issue as...
13
OCT
2017

Documenting Efforts of Training and Accident Reporting is Imperative

Recently, in Cardona v. New York City Housing Authority, the First Department unanimously affirmed Plaintiff’s partial summary judgment motion as to liability on his Labor Law 240(1) claim. Although the decision provides limited facts, Cardona testified that he was directed to...
22
MAR
2017

So you’re telling me there’s a chance?

Back to Basics: A fall from a ladder, by itself, is not sufficient to impose liability under Labor Law §240(1) These days it’s cause for celebration when the Appellate Division reverses the grant of summary judgment to a Plaintiff under Labor Law §240(1).  The Second...
19
AUG
2016

Down the Rabbit Hole: New York State Labor Law Meets Alice in Wonderland

Recent decisions coming out of both the First and Second Department Appellate Divisions of New York State continue to differ on the issue of whether partially falling into a hole implicates the protections of New York State Labor Law §240. The First Department hears appeals in...
06
AUG
2015

Labor Law §240: Was Plaintiff Injured While Performing a Protected Activity on a “Building or Structure?”

While most of us think we know a Labor Law §240 case when we see one, in certain circumstances, the issue of whether the allegedly protected work at issue was being performed on a “building or structure” can be easily overlooked but must be judiciously examined.  Although case...