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.
New York Law Journal | Analysis
By Brian J. Shoot | May 5, 2022
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).
By Andrew Denney | May 2, 2022
A personal injury attorney who has faced the Metropolitan Transportation Authority in court says he cannot envision the agency being held liable for the attack.
By ALM Staff | March 17, 2022
The ruling by Acting Westchester Supreme Court Justice Edward McLoughlin and a summary by the Law Journal's decisions editors can be found here.
New York Law Journal | Analysis
By Kevin G. Faley and Andrea M. Alonso | March 15, 2022
This article takes look at several cases which address the issue of liability for sidewalk maintenance. The authors conclude that "the purpose underlying the enactment of the exemption in New York City Administrative Code §7-210 is to promote the safety of pedestrians making use of public walkways. Imposing a duty upon owners of real property to maintain the sidewalk abutting their property incentivizes the maintenance of sidewalks and creates safer walkways for pedestrians."
New York Law Journal | Analysis
By Deborah Koplovitz and Andrew B. Freedland | December 28, 2021
'Gundlach' illuminates the risks that may await a board when an employee's small side jobs goes awry, and serves as a cautionary tale.
New York Law Journal | Analysis
By Brian J. Shoot | November 4, 2021
In this edition of his Construction Accident Litigation column, Brian J. Shoot considers two issues that recently generated illuminating Appellate Division dissents. One issue concerns construction and application of one of the most often cited Rule 23 subdivisions. The other issue concerns application of the workers' compensation bar.
New York Law Journal | Analysis
By Damaris E. Torrent | October 4, 2021
As a recent Court of Claims appointee, Judge Damaris Torrent offers up what she admittedly calls a "subjective compendium" of some of the most interesting personal injury cases in 2020 and 2021.
New York Law Journal | Analysis
By Robert S. Kelner and Gail S. Kelner | September 27, 2021
In this edition of their Trial Practice column, Robert S. Kelner and Gail S. Kelner explore the concept of tort liability arising from what is referred to as "launching an instrument of harm."
New York Law Journal | Analysis
By Andrea M. Alonso and Kevin G. Faley | September 3, 2021
Due to the nature of the profession, security guards and their employers are particularly vulnerable to potential civil liability for intentional torts, negligence, and civil rights violations.
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