I generally refrain from discussing, in this column, rulings that were rendered in cases in which I represented a party or amicus. Yet, the importance of the Court of Appeals’ recent 4-3 ruling in Toussaint v. Port Auth. of New York and New Jersey, 2022 NY Slip Op 01955 (Ct App. March 22, 2022)—both of itself and what it may portend in other actions involving application of Labor Law §241(6)—makes it difficult to refrain from comment.
I will accordingly try my best to present the majority and the dissenting positions in their own words. I advise the reader at the outset that I represented the (losing) plaintiff in the appellate courts.
The Statute: What It Actually Says
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