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...
9/28/2026 3:14:21 PM Monday Morning Compliance: What Does § 240(1) Actually Ask of Owners and Contractors? By Adeel Jamaluddin While doing my weekly review of recent Labor Law decisions, I went down a rabbit hole. Most of my attention ordinarily goes to how courts...
9/22/2026 1:58:44 PM Surf and Tort: First Department Rejects Scaffold-Surfing Defense Under Labor Law § 240 By Adeel Jamaluddin In Tobon v. Turner Constr. Co. (2026), decided in August, the Appellate Division, First Department, affirmed the lower court's grant of...
6/9/2026 7:19:25 PM Court of Appeals Clarifies Industrial Code Specificity Under Section 241(6) By Adeel Jamaluddin The New York Court of Appeals recently issued its decision in Mann v. Mezuyon, LLC, resolving a longstanding split among the Appellate...
6/1/2026 5:00:00 PM Recent Second Department Decision Clarifies Former Owner Liability in Labor Law and Premises Liability Claims By Brian Greenfield A recent Second Department decision, Quintero v. MBH Capital, LLC, provides a useful reminder for construction-site and...
3/12/2026 7:58:57 PM Special Employment and Workers' Compensation Exclusivity in Payroll Service Arrangements By Brian Greenfield The Appellate Division, Second Department, recently issued a significant decision addressing special employment and Workers' Compensation...
1/20/2026 10:04:03 PM Arbitration Agreements in Context: Lessons from Wise v. Tesla By Ropers Majeski Shortly before the holidays, the First District Court of Appeal in Wise v. Tesla Motors, Inc. held that the Federal Arbitration Act did...
11/20/2024 7:19:43 PM Am I Early? Or Right on Time? The Appellate Division Reiterates Law on Early Motions for Summary Judgment By Adeel Jamaluddin Here's a short decision out of the Second Department that addresses the timing of motions for summary judgment: Kharyshyn v West End 82,...
6/27/2024 6:40:26 PM The Space Between - Labor Law 240 and Interstitials By Adeel Jamaluddin The Appellate Division, First Department, issued a decision clarifying the concept of "foreseeability" in Labor Law 240 analysis. The...
3/15/2024 10:33:51 PM Court of Appeals Reverses Appellate Division and Clarifies Integral to Work Defense By Adeel Jamaluddin Just last month, the Court of Appeals issued a wide-ranging decision on Labor Law Section 241(6) that will likely have significant...
2/20/2024 6:23:05 PM Walk the Plank! Or you'll run afoul of Labor Law Section 240 By Adeel Jamaluddin Recently, the Appellate Division, First Department, in York v Tappan Zee Constructors, LLC, 2024 NY Slip Op 00826, reversed the lower...
2/9/2024 4:35:26 PM In the Trenches with Labor Law 240(1) - After Appellate Division Split - Court of Appeals Set to Address By Adeel Jamaluddin The Court of Appeals is set to hear an appeal regarding whether a below-grade trench excavation wall cave-in resulting in injuries to a...