In Guido v. DASNY, plaintiff parked his truck on top of debris outside of a construction site where his employer was performing work, causing his truck to “tilt.” As he was loading his employer’s ladders into the truck, they slid causing him to fall to the ground. In dismissing plaintiff’s Labor Law §§ 240(1)

In Cardenas v. 111-127 Cabrini Apartments Corp., the plaintiff was injured while painting when he fell from a ladder that had a defective supporting bracket that could become unlocked without warning. He commenced an action against the defendant alleging, in part, violations of Labor Law §§240(1) and 241(6). On the plaintiff’s motion for partial

We had previously reported that in Dean v. Tower Ins. Co., the Court of Appeals had affirmed the First Department on a finding that the term “reside” in an insurance policy issued by Tower Insurance was ambiguous. This issue has appeared again in Tower Ins. Co. v. Zaroom, where the First Department has

In Perkins v. NYCTA, the First Department affirmed the lower court’s direction to the defendant to produce evidence of post-accident repairs in order to establish that a wheelchair ramp to be inspected was the same ramp on which plaintiff was allegedly injured. As an alternative, the defendant could provide an affidavit attesting to the

In determining liability under Labor Law § 200, there are two principles that underscore most Labor Law § 200 cases (1) where liability can be imposed based on “defective means and methods” of the work and (2) where liability can be imposed based on a “defective condition” on the property. Both of these principles require

In Eddy v. John Hummel Custom Bldrs., Inc., the plaintiff had loaded heavy construction material into the back of a pickup truck in order to transport the materials at a construction site. One such item was a cast iron grate weighing approximately 100 pounds. The plaintiff and a co-worker placed the grate on the

We had previously reported that the First Department had found questions of fact regarding sole proximate cause in a Labor Law § 240(1) action in Batista v. Manhattanville College. Subsequently, the First Department granted leave to appeal to the Court of Appeals.  On appeal, the High Court reversed and granted summary judgment in favor of