0 results for 'Sullivan Papain Block McGrath & Cannavo P.C.'
Handdown List released on: May 4, 2022
The Plain Meaning of Labor Law §241(6) … Or Its Opposite
In this edition of his Construction Accident Litigation column, Brian J. Shoot discusses in detail the Court of Appeals' recent 4-3 ruling in 'Toussaint v. Port Auth. of New York and New Jersey', which is important in itself and for what it may portend in other actions involving application of Labor Law §241(6).Split New York Court of Appeals Reverses Judgment for Plumbing Subcontractor Injured in Fall
New York's highest court, in a 4-3 split decision, took a narrow view of Section 240 of the Labor Law, which governs elevation risks, reversing a ruling from an appellate panel. The case turned on whether a fall was caused by elevation or by an electric shock.Appellate Division, Second Department: April 27, 2022
Appellate Division, First Department: April 21, 2022
View more book results for the query "Sullivan Papain Block McGrath & Cannavo P.C."
Appellate Division, First Department: March 29, 2022
Appellate Division, Second Department: March 23, 2022
Appellate Division, Second Department: March 9, 2022
The Scope of Labor Law §§200, 240 and 241(6): Two Anomalies
In this edition of his Construction Accident Litigation column, Brian J. Shoot addresses two unrelated issues that have produced anomalous rulings concerning the scope of Labor Law §§200, 240 and 241(6). One issue is whether a defendant contractor's affirmative creation of a hazardous condition can give rise to liability under Labor Law §200 even where the defendant did not have any supervisory authority over the activities of the site worker who sustained the resultant injury. The second issue concerns an activity that plainly constitutes "construction" within the scope of Labor Law §241(6) and yet has lately been deemed not to be "construction" for the purposes of Labor Law §240.Appellate Division, First Department: January 27, 2022
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