BREAKING GROUND

Trends In New York Construction Law

03
NOV
2017

Repetitive Stress Injuries (Still) Not Covered Under Labor Law § 240

Twenty-four years ago, in Ross v. Curtis-Palmer Hydro-Electric Co., 81 N.Y.2d 494 (1993), the Court of Appeals articulated important limitations on the scope and applicability of Labor Law § 240. Ross involved an injured welder who alleged that in order to avoid falling off a...
25
JAN
2017

Timing Is Everything: Enforcing New York Insurance Law § 3420(d) to Invalidate Employee Exclusion Disclaimers

Insurance carriers will often seek to drastically reduce the scope of liability coverage afforded to their insured contractors through the use of employee exclusions that modify the definition of an “insured contract” to exclude coverage for bodily injuries sustained by the...
10
JUN
2016

Combating Unexpected Insurance Disclaimers Through Contract Reformation

  A Review of the First Department’s Recent Decision in 313-315 West 125th Street, LLC v. Arch Specialty Insurance Company Property owners often encounter unanticipated pitfalls following a construction accident on their premises when seeking additional insured coverage...
09
JUN
2015

You Can’t Build a Case on Stilts: Analysis of the Court of Appeals’ Decision in Nicometi v. Vineyards of Fredonia, LLC

A central issue in Labor Law § 240 cases is often whether or not a plaintiff’s injury resulted from an elevation-related risk within the meaning and scope of the statute.   The Court of Appeals recently held in Nicometi v. Vineyards of Fredonia, LLC, 25 N.Y.3d 90 (2015) that a...