BREAKING GROUND

Trends In New York Construction Law

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...
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
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...
22
JUL
2015

What a Strange Trip

Although we disagree, the Appellate Division, First Department has long held that a worker on a construction site does not have to be able to fall completely through an opening in the floor down to the next level in order to be exposed to an elevation related risk within the...
12