10/8/2026 3:23:32 PM What's the Scope? First Department Dismisses Indemnification Claim Because Work Never Defined in Contract By Artie Venti In Juarez v. Avacon Management LLC d/b/a Avacon Builders Developers (2026), the First Department affirmed the lower court's dismissal of...
10/5/2026 3:56:53 PM Sole Proximate Cause Survives: First Department Reverses Plaintiff's § 240(1) Win Where Foreman Controlled Trench Bracing By Artie Venti In the recently decided Veliu v. Verizon New York Inc. (2026), the First Department reversed a New York County Supreme Court decision...
7/10/2026 6:33:24 PM Sole Proximate Cause Defense Defeats Plaintiff's Summary Judgment Motion Under Labor Law § 240(1) By Brian Greenfield A falling worker and an engaged safety harness do not automatically equal liability. In Neto v Buddies Bro, LLC (2026), the Appellate...
6/18/2026 10:57:24 PM Recent New York Decision: Missing Witness Charge Undoes a Plaintiff's Verdict By Brian Greenfield A recent First Department decision is a useful reminder for defense counsel and carriers about the leverage a missing witness charge can...
9/19/2025 2:30:04 PM Gabapentin, Cognitive Decline, and Mild Traumatic Brain Injuries, Oh My! By Brian Taylor How many cases have you come across with low back pain being treated with Gabapentin? How many of these cases have claims of mild TBI or...