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Appellate Division, Second Department
Publication Date: 2022-05-06
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Handdown List released on: May 4, 2022
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on: May 4, 2022

May 05, 2022 | New York Law Journal

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).
29 minute read
April 29, 2022 | New York Law Journal

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.
4 minute read
Appellate Division, Second Department: April 27, 2022
Publication Date: 2022-04-29
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, Second Department: April 27, 2022

Appellate Division, First Department: April 21, 2022
Publication Date: 2022-04-25
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: April 21, 2022

Appellate Division, First Department: March 29, 2022
Publication Date: 2022-03-31
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: March 29, 2022

Appellate Division, Second Department: March 23, 2022
Publication Date: 2022-03-25
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Handdown List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, Second Department: March 23, 2022

Appellate Division, Second Department: March 9, 2022
Publication Date: 2022-03-11
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, Second Department: March 9, 2022

February 03, 2022 | New York Law Journal

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.
19 minute read
Appellate Division, First Department: January 27, 2022
Publication Date: 2022-01-31
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: January 27, 2022

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