New York Law Journal | Analysis
By Angela Turturro | May 6, 2020
In his Construction Accident Litigation, Brian J. Shoot analyzes the remainder of his "Top 10" list of Court of Appeals' decisions involving §§240, 241(6) or 200 of the Labor Law, giving consideration to not only the importance of the determination in each case, but also its novelty.
New York Law Journal | Analysis
By Brian J. Shoot | February 6, 2020
In his Construction Accident Litigation column, Brian J. Shoot presents a "Top 10" list of Court of Appeals' decisions involving §§240, 241(6) or 200 of the Labor Law, giving consideration to not only the importance of the determination in each case, but also its novelty, and, especially in one instance, the controversy that afterwards ensued.
By Jack Newsham | January 17, 2020
Facing allegations that they misused firm resources, two former Klein Slowik lawyers hit back with claims of disrespected clients, racism and pornography tucked into work documents.
By Michael J. Antongiovanni | December 13, 2019
Should access to a neighboring property become necessary for purposes of construction, the law provides a mechanism by which such access may be compelled. As the case law emphasizes, the goal under such circumstances is to narrowly tailor the access to the necessity so as to minimize the burden on the neighboring property.
New York Law Journal | Analysis
By Brian J. Shoot | October 31, 2019
In his Construction Accident Litigation column, Brian J. Shoot writes: When is a regulation sufficiently "concrete" to serve as a predicate for liability under §241(6) of the Labor Law? While the answer is in some instances clear, it is sometimes in the eye of the beholder.
New York Law Journal | Expert Opinion
By Kenneth M. Block and Joshua M. Levy | September 10, 2019
In their Construction Law column, Kenneth Block and Joshua Levy discuss a "third form" of traditional construction management agreements: the cost plus hybrid.
New York Law Journal | Analysis
By Timothy R. Capowski and John F. Watkins | September 4, 2019
In three of the Appellate Division Departments, a plaintiff wishing to impose Labor Law §200 liability on an owner or general contractor in a "means and methods" case must establish that the owner or GC "actually exercised" control over the means and methods of the work. However, in the Second Department, since 'Ortega v. Puccia,' an owner or GC may be held liable if it had "authority" to control the means and methods of the work. In this article, the authors suggest it is well past time to remedy this split between the Departments.
New York Law Journal | Analysis
By Virginia K. Trunkes | August 13, 2019
Despite the strict liability imposed on a developer, until recently Appellate Division precedent indicated that a statute commonly used to compel licensed access to neighboring properties could not be used to compel a neighbor’s consent to underpinning. A new dispute has prompted the Supreme Court to give a much-needed fresh, new look at the case law and relevant statutory and regulatory framework. But whether this new Supreme Court decision serves as a victory for every developer is now a new question.
New York Law Journal | Analysis
By Danielle Conley, Jessica Lutkenhaus, Tania Faransso and Brendan McGuire | August 2, 2019
This article highlights recent litigation and enforcement actions as well as new legal requirements in states, including New York, which serves as a case study in the developing compliance landscape around the country. This article also makes recommendations for employers in the construction industry to ensure that they have strong anti-harassment compliance programs that promote safe and inclusive working environments.
By Jack Newsham | June 21, 2019
Klein Slowik alleges that Michael Farber and Daniel Schneider were "faithless servants" who used its resources to lay the groundwork for their competing firm.
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