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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

OWNER LIABILITY UNDER LABOR LAW § 200 EXTENDED TO ADJACENT BUILDING CONSTRUCTION

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

PLAINTIFF’S BURDEN IN STORM IN PROGRESS CASES

February 10, 2016 • Posted By Jenna Elkind • Insurance Coverage

In Burniston v. Ranric Enterprises Corp., (Argued 11/20/2015) the Appellate Division Second Department has recently reiterated an exception to the storm in progress rule. The storm in progress rule states that generally, a defendant property owner or tenant will not be liable for a slip and fall accident involving snow and ice until an adequate period of time has passed following the cessation of the storm to allow the owner or tenant an opportunity to rectify the hazards caused by the storm. Read More

Oscar Torres, v. St. Francis College, – Index No. 4493/12.

August 14, 2015 • Posted By Joseph A. French • Insurance Coverage

In an action to recover damages for personal injuries, etc. the plaintiffs appealled from an order of the Supreme Court, Kings County (Vaughan , J.) which granted those branches of the defendant’s motion for summary judgment dismissing the causes of action to recover damages for common-law negligence and violations of Labor Law §§200 and 240(1). In a St. Frances College gym, plaintiff was cleaning a basketball backboard while standing on an A-frame ladder. He fell from the ladder and was injured. He sued and brought claims under Labor Law §§ 200 and 240(1). Read More

No Physically Significant Elevation Differential Results in Dismissal of Labor Law § 240(1) Cause of Action

July 14, 2015 • Posted By Douglas R. Rosenzweig • Insurance Coverage

In a positive development for the defense bar, Justice Kathryn Freed issued a decision in Boress v. 200 Park, LP (113084/11 Sup. Ct. N.Y. Co. April 30, 2015) dismissing plaintiff’s Labor Law § 240(1) cause of action due to the lack of any physically significant elevation differential existing between the plaintiff and the object which struck him.

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French & Casey, LLP Partner, Susan A. Romano and Associate, Ruth Kavanagh to speak in 4th Annual Sports and Arts Foundation Speakers Week

May 5, 2015 • Posted By • News

Ruth Kavanagh and Susan A. Romano are participating in the 4th Annual Sports and Arts Foundation Speakers Week.  The program provides students with insight into career paths and educational experiences.  Ruth and Susan will be speaking to students at IS 285K in Brooklyn