BREAKING GROUND

Trends In New York Construction Law

16
AUG
2018

Second Department Chimes In On the Workers’ Compensation Law Exclusivity Defense

The Appellate Division, Second Department recently issued two diametrically opposed decisions involving the exclusivity defense of Workers’ Compensation Law §§ 11 and 29(6). On July 18, 2018, the Second Department decided Sanchez v. 3180 Riverdale Realty, LLC wherein the...
22
SEP
2017

Revisiting the “Sole Proximate Cause” Defense

As defense counsel encounter time and time again, it often takes a unique set of facts and admissions from plaintiff to successfully dismiss a Labor Law 240(1) claim based on the so-called “sole proximate cause” defense. Those facts and admissions were on full display in a recent...
06
FEB
2017

Revisiting the Routine Maintenance Defense

The Appellate Division, First Department recently issued a short but telling decision regarding what factors it considers in contrasting repair work (which is afforded the protections of Labor Law §240(1)) versus routine maintenance (which is not). In Roth v. Lenox Terrace...
06
JUN
2016

Keep It in the Family: Making Use of the Homeowner Exemption to Labor Law Liability

The First Department recently revisited the “one-or-two family dwelling” exemption to Labor Law liability under §§ 240(1) and 241(6). In Diaz v. Bocheciamp, a roofer was killed when he fell off the roof of a three-story house. At issue was whether the house constituted a...
07
JUL
2015

Look Out Below! Court of Appeals’ Take On Falling Into An Open Manhole

In a decision only Wile E. Coyote and the Plaintiffs’ Bar can appreciate, New York’s highest court has determined that falling through an open manhole – that you had just exited – nets you summary judgment under Labor Law § 240(1). In Barreto v. Metropolitan Transit...
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