10/13/2026 8:59:25 PM Too Late to Amend, Too Late to Move: Second Department Enforces Post-Note of Issue Deadlines By Artie Venti In the recently decided Cambero-Minaya v 211 Schermerhorn Development, LLC (2026), the Second Department affirmed the lower court's...
10/13/2026 4:32:03 PM Second Department Reaffirms: Debris Isn't a Hazard When Cleaning It Up Is the Job By Brian Greenfield In Nunez v 672 Parkside, LLC (2026), the plaintiff was assigned to clean the first floor of a Brooklyn job site. While carrying a cabinet...
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...
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...
9/24/2026 6:28:50 PM First Department: Drilling Holes to Run Telecommunications Cable Is Not a Labor Law § 240(1) "Alteration" By Brian Greenfield In Hearns v. Blended Family LLC (2026), the plaintiff was a telecommunications field technician installing wireless internet service at a...
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...
9/22/2026 1:54:53 PM A Three-Foot Fall is Not Automatically a Labor Law § 240(1) Case By Brian Greenfield In Digangi v New York City Sch. Constr. Auth. (2026), the plaintiff slipped on an icy step while exiting the cockpit of a compact track...
8/21/2026 12:40:46 PM Prima Facie Is Not the End of the Analysis: Gabriel v. Top 8 Construction By Brian Greenfield When the injured worker is the only witness to his own fall and the record holds two versions of it, based on credible evidence, he does...
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...
6/9/2026 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...