This month, I focus on developments “upstate” concerning Labor Law §§240 and 241(6). One relates to a rather important issue I addressed in these pages seven years ago but is even more critical today. The other concerns a decidedly novel issue of much lesser consequence which split a Fourth Department panel three to two.
Labor Law §241(6) and the Summary Judgment Issue
The issue is basic, and extremely important. At least, it is extremely important in the two upstate departments. It is not an issue at all in the First and Second Departments … until such time, if ever, the Court of Appeals says otherwise. And it is now more important than ever by virtue of a Court of Appeals ruling that had absolutely nothing to do with Labor Law §241(6), or with any other provision of the Labor Law.