BREAKING GROUND

Trends In New York Construction Law

10
MAY
2016

Decorative Maintenance vs. Alteration –
Who Wins Under Labor Law § 240(1)?

Last year, the Court of Appeals issued an opinion in the case of Saint v. Syracuse Supply Company, 25 N.Y.3d 117 (2015).  In that case, plaintiff was injured when he fell from a catwalk while replacing an advertisement on a billboard in Tonawanda, New York (Erie County).  At the...
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...