This presentation is part of the New York State Bar Association Construction Site Accidents seminar 2009 In this segment Howard completes the opening for plaintiff followed by the opening for defendant. This years program will be held State Wide in December. Ben Rubinowitz will chair the seminar in Melville, New…
This presentation is part of the New York State Bar Association Construction Site Accidents seminar 2009. This years program will be held State Wide in December. See our prior post: Labor Law/Construction Site Accidents in New York for details. http://www.youtube.com/watch?v=vjAY3-450mw
In Salazar v.Novalex Contracting Corp., et al., decided on November 21, 2011, The New York Court of Appeals in a 4-3 decision granted defendants’ motion for summary judgment dismissing a construction worker’s 240(1) claim. The plaintiff suffered injury while working in the basement of a building undergoing renovation. The facts…
Howard S. Hershenhorn Gair Gair Conason Steigman Mackauf Bloom & Rubinowitz Christopher Sallay Gair Gair Conason Steigman Mackauf Bloom & Rubinowitz Howard S. Hershenhorn will serve as Overall Planning Chair and Christopher L. Sallay will serve as Assistant Chair of the New York Bar Association‘s Labor Law/Construction Site…
In a must read case The New York Court of Appeals in Wilinski v. 334 East 92nd Housing Development Fund Corp., et al., decided October 25, 2011, 2011 NY Slip Op 7477, held that; “Some New York courts have interpreted our decision in Misseritti v Mark IV Constr. Co. (86…
In a 3-2 decision The New York Appellate Division, 3d Department, in GROVE v. CORNELL UNIVERSITY et al., 75 A.D.3d 718; 904 N.Y.S.2d 559; 2010, denied plaintiff’s motion for summary judgment on his 2401(1) claim while granting defendants’ cross motion dismissing the claim holding that plaintiff’s own negligent conduct was,…
In a 3-2 decision The New York Appellate Division, 1st Department affirmed the granting of summary judgment to a construction worker on his 240(1) claim. In Reavely v.Yonkers Raceway Programs, Inc., et al., decided on October 20, 2011, the worker suffered injury while assisting in the installation of a hang…
In a New York construction accident case in which a worker suffered injury when he fell from a scaffold The Court rejected the recalcitrant worker defense. In Mazurett v. Rochester City School District, decided by The New York Appellate Division, 4th Department on October 7, 2011, the construction worker sustained…
In Schick v. 200 Blydenburgh, LLC, et al., 2d Department decided October 4, 2011, the plaintiff sustained injury when he fell from a ladder on which he was standing. The Court set forth the facts as follows; “On March 9, 2007, the date of the subject accident, Pal Supply had…
In Cordeiro v. TS Midtown Holdings, LLC, et al., The New York Appellate Division, First Department on September 15, 2011, granted plaintiffs’ motion for partial summary judgment as to liability on their Labor Law § 240(1) claim. The plaintiff sustained injury while preparing to remove elevator equipment from a building…