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...
4/17/2026 5:04:30 PM New First Department Decision Limits Labor Law § 240(1) Exposure in Trench Excavations By Brian Greenfield In Veloso v. City of New York, decided April 9, 2026, the Court unanimously affirmed summary judgment dismissing the plaintiff's...
4/8/2026 3:26:31 PM First Department Reinforces Limits of Labor Law § 240(1) in Electrical Blast Ladder-Fall Case By Brian Greenfield A recent First Department decision, Arias v. Brooks Holdings Corp., decided March 26, 2026, is worth attention for anyone handling New...
4/3/2026 11:43:28 PM Second Department Decision Addresses FAA Preemption and New York Labor Law By Brian Greenfield A recent Second Department decision, Fabia v. Power Authority of the State of New York (March 18, 2026), is worth close attention for...
4/2/2026 3:34:43 PM Catastrophe Avoided—But Perils Remain: The Real Impact of the Amended AVOID Act By Adeel Jamaluddin Recently, we wrote about new legislation in New York known as the AVOID Act. At the time, the statute—as originally enacted—promised...