By Kevin Szczepanski | November 14, 2022
We were overdue for a decision clarifying the roles of the employers-liability and excess carriers in a case involving a "grave injury." In 'Bosquez v. RXR Realty', the First Department helpfully offered one.
New York Law Journal | Analysis
By Brian J. Shoot | November 3, 2022
Are these really "sole proximate cause" defenses or are they an entirely different animal? That threshold question, which may or may not give rise to the same answer for all three variants of the Forbidden Conduct argument, matters.
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and David Broderick | September 20, 2022
In their Real Estate Financing column, Jeffrey Steiner and David Broderick discuss the many considerations at play (and several negotiated provisions involved) in standard completion guaranties.
New York Law Journal | Expert Opinion
By Kenneth M. Block | September 13, 2022
In his Construction Law column, Ken Block outlines several business terms which may be included in a Request for Proposal (RFP), and provides examples of how the owner may want to handle them.
New York Law Journal | Commentary
By Jacob Lewis | August 23, 2022
Recently, the court has moved away from a punitive interpretation by reaffirming the plaintiff's affirmative duty to prove causation before granting summary judgment. But without Judge DiFiore's vote, the Scaffold Law may once again step towards the more draconian application of near strict liability.
New York Law Journal | Analysis
By Brian J. Shoot | August 4, 2022
Appellate cases resolved with a 3 to 2 vote are decisions where people can reasonably differ. Such rulings thus display the fault lines of the law. In this column, Brian J. Shoot takes a look at some recent 3 to 2 rulings.
New York Law Journal | Expert Opinion
By Kenneth M. Block and Stuart B. Rosen | June 15, 2022
In their Construction Law column, Kenneth Block and Stuart Rosen examine the concept of "unavoidable delays," i.e., a delay for which the contractor is not responsible and may be entitled to an extension of time, additional compensation or both.
New York Law Journal | Expert Opinion
By Scott Mollen | June 7, 2022
Scott Mollen discusses "Highbridge Facilities v. Cromwell Avenue Investors," "Freeman v. Harmonia Holdings," and "Supercool Co. RHVAC v. LaSalla."
New York Law Journal | Analysis
By George M. Heymann | May 31, 2022
The number of new cases in this area of law is constant. The cases discussed herein are representative highlights of some of the recent opinions regarding litigation of Labor Law §240(1) claims by workers injured in the performance of their jobs where "elevation" and "force of gravity" provide added risks to their assigned tasks.
By Andrew Denney | May 11, 2022
The city claims that excavation work on lot neighboring a firehouse in Queens has caused cracks to form in the structure.
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