News & Blog

Archive: 2014

Homeowner Not Liable for Latent Defect

December 12, 2014 • Posted By Joseph A. French • Construction Claims

Following an action to recover damages for personal injuries, Judge J. Schmidt denied plaintiff’s action in an order dated February 5, 2013. Pursuant to plaintiff’s appeal, the Second Department affirmed the denial of summary judgment to plaintiff on his claim against defendant Iracane alleging common-law negligence and a violation of Labor Law § 200. The court affirmed the lower court’s order.

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Court finds 14-16 inch hole in floor is not of an elevation-related injury and does not fall within New York State Labor Law § 240(1)’s ambit.

December 4, 2014 • Posted By Patrick J. McMahon • Construction Claims

The United States District Court Eastern District of New York has recently held that a worker’s fall through a relatively small hole that happens to be at an elevation is “the type of ordinary and usual peril a worker is commonly exposed to at a construction site, “and does not fall within §240(1).Villalba v. Robo-Breaking Co., Inc. United States District Court, ED New York (Only Westlaw Citation is currently available, 2014 WL4829280.

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Plaintiff’s Labor Law §240 Claims Against Private Homeowner Are Dismissed

December 3, 2014 • Posted By Joseph A. French • Construction Claims

Following an action to recover damages for personal injuries, Judge J. Farneti denied plaintiff’s cross-motion for summary judgment on the issue of liability in an order dated March 6, 2013. Pursuant to plaintiff’s appeal, the Second Department affirmed the denial of summary judgment to plaintiff on his claim against defendant Farr alleging violations of Labor Law §240(1) and 241(6). The court affirmed the lower court’s order.

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Rear End Collision Compels Reversal of Defendants’ Summary Judgment - Win

December 2, 2014 • Posted By Joseph A. French • Complex Litigation

Following an action to recover damages for personal injuries, Judge J. Solomon denied plaintiff’s cross-motion for summary judgment on the issue of liability in an order dated August 8, 2013. Pursuant to plaintiff’s appeal, the Appellate Court affirmed the denial of granting summary judgment to plaintiff on his claim against defendant Calafiore. The court reversed the lower court’s order and granted plaintiff summary judgment on use of liability claim against the three (3) Jairath defendants.

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Favorable Labor Law 240 defense verdict reversed by Second Department

November 18, 2014 • Posted By Joseph A. French • Trial Practice

Following a trial in Queens and despite plaintiff’s Labor Law 240(1) claims, a jury returned a liability verdict in favor of the defense.  The trial court subsequently denied plaintiff’s CPLR 4401 motion seeking judgment on the liability issue.  On appeal, the Second Department reversed the Lower Court, found for plaintiff on his Labor Law 240(1) claim, and remitted to the trial court for a damages trial.

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