Recent Blog Posts
Height is Not the Issue in Construction Injuries Caused by Falling Objects
In McAllister v. Phoenix Constructors, JV, decided on November 28, 2011, the Supreme Court, New York County held the contractor and the Port Authority liable in a New York City subway construction accident for failing to provide a mechanical hoist to protect a worker who was injured when he slipped while manually hoisting a… Read More »
Failure to Provide Safety Devices Violates New York Labor Law
In a recent New York City construction accident case, the Supreme Court, New York County, held that the failure to provide safety devices is a per se violation of New York Labor Law section 240 (1). Section 240 covers scaffolding and other devices for use of employees, and 240 (1) specifically requires contractors and… Read More »
Court Says What a “Floor” is and Sheds Light on “Foreign Substances”
Amidst all the laws and rules and regulations overflowing with complex, technical language, don’t you sometimes wish the court would just pick up a dictionary and decide that words should just be given their plain, everyday meaning? Well, sometimes judges agree, as the following recent construction injury case illustrates. In the case of McAllister… Read More »
Court Says It’s Okay to See a Doctor for Medical Treatment
The Court of Appeals of New York, in a slip opinion issued November 22, 2011, spoke out in favor of the stunning proposition that it’s okay if your doctor is more interested in treating you than in preparing your personal injury case for litigation. The court’s decision in Perl v. Meher combines three separate… Read More »
Ladder Fall is a Covered Injury During Repair, But Not Routine Maintenance
The New York Supreme Court, New York County, issued a decision on October 18, 2011 that points up the complicated factual issues that must be addressed and argued in an on-the-job injury. In the case, Musso v. Max Capital Management Corp., the plaintiff fell off a ladder while replacing a ceiling tile in an… Read More »
New York Labor Law and the Law of Gravity
Ever since the New York Court of Appeals case of Misseritti v. Mark IV Constr. Co. in 1995, some New York courts have believed that a worker who is injured by a falling object cannot recover when the base of the falling object was at the same level as the worker. The Court of… Read More »
New York Laws, Codes, Rules and Regulations all Govern Construction Site Accidents
Knowing New York’s Labor Laws is one thing, but it is not enough just to know the statutes. For instance, Labor Law section 241 (6) requires that when a building is demolished, the walls and other parts of the structure must be shored up and guarded during the work to provide reasonable and adequate… Read More »
Products Liability Case Against Shoulder Pain Pump Manufacturer Allowed to Proceed
In a Preliminary Statement issued by the Supreme Court, Nassau County on September 30, 2011, the case of Varveris v. Orthopaedic and Sports Associates of Long Island will be allowed to proceed, with some of the causes of action against the defendant dismissed and others upheld. The plaintiff in this case is alleging personal… Read More »
A Refusal to Settle Can Be Insurance Bad Faith
A recent New York automobile accident case in Supreme Court, Kings County, reveals how an insurance company may be liable for damages when it refuses an offer to settle a case within its policy limits, and the defendant later loses at trial. The case is Taveras v. American Transit Co., decided on October 17,… Read More »
New York Court Discusses Constructive Notice in Premises Liability Cases
Earlier this year, the Appellate Division of the Supreme Court of New York, Third Department reviewed the issue of constructive notice in a slip and fall case and how much evidence must be produced in order to survive a summary judgment motion and proceed to trial. The case was Mary Black v. Kohl’s Department… Read More »
