Sole Proximate Paws? Labor Law § 240(1) Applicable Where Worker Startled by Raccoon

The Second Department recently issued a decision involving a case with a highly unusual set of facts, which highlights the Court’s liberal interpretation of New York Labor Law § 240(1).  In Baugh v. New York School Construction Authority, Plaintiff was working on a ladder when he was startled by a raccoon nearby, causing him to move, … Read more

FAA’s New Rules Provide a Mechanism for the Practical Use of Drones on Construction Sites

On June 21, 2016, the Federal Aviation Administration (“FAA”) unveiled new rules governing commercial Unmanned Aircraft System (“UAS” a/k/a drones) flights.  The FAA’s new set of rules known as “Part 107” is a major positive development for construction companies looking to utilize drones on Project sites.  The previous onerous rules have been relaxed and no … Read more

Combating Unexpected Insurance Disclaimers Through Contract Reformation

A Review of the First Department’s Recent Decision in 313-315 West 125th Street, LLC v. Arch Specialty Insurance Company Property owners often encounter unanticipated pitfalls following a construction accident on their premises when seeking additional insured coverage under a general contractor’s insurance policy. At times, insurers may issue coverage declinations based on mistakes in the underlying … Read more

You Work For Who??? A Practical Illustration of Using a Workers’ Compensation Board Determination As a Shield In Construction Site Accident Lawsuits

On the heels of last week’s blog by Adam Greenberg, I figured I’d share a tale about a recent case where we used a Worker’s Comp determination to obtain an outright dismissal for our client.   The client, ABC Corp., a fly-by-night drywall contractor who went MIA shortly after service of process, was impleaded into a multi-party … Read more