BREAKING GROUND

Trends In New York Construction Law

28
JUL
2016

Sole Proximate Paws? Labor Law § 240(1) Applicable Where Worker Startled by Raccoon

The Second Department recently issued a decision involving a case with a highly unusual set of facts, which highlights the Court’s liberal interpretation of New York Labor Law § 240(1).  In Baugh v. New York School Construction Authority, Plaintiff was working on a ladder when he...
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...
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...
01
MAY
2015

Not My Contractor! – Owner Can Be Held Liable Under Construction Manager’s Agreement with Subcontractor

The Second Department’s decision in Vertical Progression, Inc. v. Canyon Johnson Urban Funds, 2015 Slip Op. 01939 [http://www.courts.state.ny.us/reporter/3dseries/2015/2015_01939.htm] illustrates the potential pitfalls for an owner that intermeddles in the relationship between...