News & Blog

Archive: 2016

The Appellate Division, First Department continues its expansive reading of Labor Law 240(1).

October 28, 2016 • Posted By Douglas R. Rosenzweig • Construction Claims

In Valente v. Lend Lease (US) Construction LMB, Inc., the Appellate Division, First Department recently affirmed the Trial Court’s granting of plaintiff’s Labor Law 240(1) summary judgment motion, holding that the defendants failed to raise an issue of fact as to whether plaintiff was the sole proximate cause of his accident.  Read More

Court of Appeals weighs in on Storm in Progress Sherman v. N.Y. State Thruway Authority ______N.Y. ______ (2016)

May 20, 2016 • Posted By Joseph A. French • Insurance Coverage

The Court of Appeals recently weighed in on the “storm in progress” doctrine. Sherman, a state trooper, slipped and fell on an icy sidewalk outside his barracks in Newburgh, New York.  He filed suit and claimed the defendant had negligently failed to maintain its sidewalk by its failure to remove the ice and place salt on the sidewalk.  Read More

Smigielski v. Teachers Ins. Annuity Assn. of America -- 2016 NY Slip Op. 02297 137 AD3d 676, App. Div. First Dept.

May 6, 2016 • Posted By Joseph A. French • Insurance Coverage

One of the most odious expansions of the Labor Law 240 litany of cases is the numerous findings of liability under Labor Law 240(1) where plaintiff’s alleged fall is unwitnessed.  Plaintiff alone then is other left to explain the incident and how he was injured.  We believe that common sense dictates that in the interest of equity and judicial fairness, unwitnessed accidents should in and of themselves be the basis for a finding of an issue of fact,  thus leaving plaintiff’s credibility and his version of the facts to a jury to assess and determine under a Labor Law 240(1) jury instruction. Read More


March 3, 2016 • Posted By Lance E. Benowitz • Construction Claims

In Korostynskyy v. 416 Kings Highway, LLC., (Decided on 02/10/16) the Appellate Division Second Department has seemingly expanded the requirements of owners of buildings under Labor Law §200 to include ensuring the safety of workers on their property from the hazards created during adjacent building construction. Liability under Labor Law §200 codifies the overall common law duty of an owner and general contractor to provide a safe working environment at a construction site. This section requires that for a party to be found liable it must have supervision or control of the injury producing work or that the defendants created or had actual or constructive notice of the alleged unsafe condition that caused the accident. Read More