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Appellate Division, First Department:March 19, 2020
Appellate Division, Second Department:February 5, 2020
The Top 10 Labor Law Rulings of the Past 10 (Really, 11) Years: Part I
In his Construction Accident Litigation column, Brian J. Shoot presents a "Top 10" list of Court of Appeals' decisions involving §§240, 241(6) or 200 of the Labor Law, giving consideration to not only the importance of the determination in each case, but also its novelty, and, especially in one instance, the controversy that afterwards ensued.Richmond County,Surrogate's Court: November 20, 2019
Appellate Division, First Department:October 29, 2019
The 'General'/'Concrete' Continuum Governing Liability Under Labor Law §241(6)
In his Construction Accident Litigation column, Brian J. Shoot writes: When is a regulation sufficiently "concrete" to serve as a predicate for liability under §241(6) of the Labor Law? While the answer is in some instances clear, it is sometimes in the eye of the beholder.Richmond County, Surrogate's Court: October 18, 2019
Appellate Division, Second Department:August 7, 2019
Falling Object Liability: ‘For the Purposes of the Undertaking,’ Revisited
Since the Court of Appeals rendered its majority ruling in 'Fabrizi', the court has not had occasion to further explain what it meant by the phrase “secured for the purposes of the undertaking” in falling object cases. The matter has, however, been repeatedly addressed at the Appellate Division level, albeit with varying results. In his Construction Accident Litigation column, Brian J. Shoot discusses the background of and decision in 'Fabrizi', and the Appellate Division’s attempts to apply the decision to other “falling object” cases.Richmond County, Surrogate's Court: July 25, 2019
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