When a client, typically either an owner or contractor, does not insist on obtaining a fully executed copy of an agreement with an entity it retains to perform work, an issue as to its validity can be presented. Maybe the agreement contains favorable indemnification language or insurance procurement coverage that benefits the owner/contractor. If the … Read more
Twenty-four years ago, in Ross v. Curtis-Palmer Hydro-Electric Co., 81 N.Y.2d 494 (1993), the Court of Appeals articulated important limitations on the scope and applicability of Labor Law § 240. Ross involved an injured welder who alleged that in order to avoid falling off a platform and down a 50-foot shaft, he had to continuously … Read more
On September 27, 2017 New York City enacted new legislation in response to continuing construction site accidents. New York City’s Local Law Int. No. 1447-C amended certain provisions of the Administrative Code of the City of New York and the 2014 New York City Building Code to impose construction site safety training requirements in excess … Read more
Recently, in Cardona v. New York City Housing Authority, the First Department unanimously affirmed Plaintiff’s partial summary judgment motion as to liability on his Labor Law 240(1) claim. Although the decision provides limited facts, Cardona testified that he was directed to access the top of a sidewalk bridge by climbing up its side and that … Read more
As defense counsel encounter time and time again, it often takes a unique set of facts and admissions from plaintiff to successfully dismiss a Labor Law 240(1) claim based on the so-called “sole proximate cause” defense. Those facts and admissions were on full display in a recent Second Department case entitled Melendez v. 778 Park Avenue … Read more
Starting on October 31st (180 days after Mayor de Blasio signed “Intro. 1253 bill” amending the NYC Human Rights Law), employers in New York City will be banned from inquiring, requesting or relying upon job applicants’ compensation history. The impetus behind the bill is that reliance on prior hourly wages, salary and compensation packages results … Read more
In the very recent case of O’Brien v. Port Authority of New York and New Jersey, 2017 N.Y. Slip Op. 12466 (March 30, 2017), the Court of Appeals, in a 4-3 decision involving a lengthy dissent, found issues of fact to preclude the Appellate Division’s grant of partial summary judgment in favor of the Plaintiff … Read more
Back to Basics: A fall from a ladder, by itself, is not sufficient to impose liability under Labor Law §240(1) These days it’s cause for celebration when the Appellate Division reverses the grant of summary judgment to a Plaintiff under Labor Law §240(1). The Second Department did just that in the case of Shaughnessy v. Huntington … Read more
Construction projects are fraught with financial risk for all sides. A mechanism to control costs employed by construction project owner/ developers is to contractually limit their liability to contractors performing work at a project through “no damage for delay clauses” which prevent a contractor who is delayed in the performance of its work from seeking … Read more
The Appellate Division, First Department recently issued a short but telling decision regarding what factors it considers in contrasting repair work (which is afforded the protections of Labor Law §240(1)) versus routine maintenance (which is not). In Roth v. Lenox Terrace Associates , an HVAC contractor was hurt when, after replacing a small component part to an … Read more