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...
10/5/2026 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...
9/22/2026 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...
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...
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...