Legal Updates


June 2013

Court of Appeals Decision: Insurer Found to Have Breached the Duty to Defend Loses Right to Rely on Policy Exclusions to Dispute its Duty to Indemnify

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Fourth Department upholds Labor Law 240(1) Liability for Planks Dropped on Plaintiff’s Head.

Wendy A. Scott, Esq. view+


Plaintiff’s Fall through an Attic Access Door within Ambit of Labor Law §240(1).

Wendy A. Scott  view+


Second Department finds Question of Fact whether Plaintiff’s Failure to Follow Instructions was Sole Proximate Cause of her Accident.

Wendy A. Scott, Esq. view+


Replacing a Ballast in a Florescent Light Fixture is Maintenance Unrelated to Construction Excavation or Demolition.

Wendy A. Scott, Esq. view+


February 2013

Pioneer Distinguished: “Earth Movement” Exclusion Applies to Excavation Work

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August 2012

The First Department Holds Plaintiff’s Fall Off Flat Bed Truck During Unloading/Hoisting Satisfies Both Falling Worker and Falling Object Tests for Labor Law 240(1) Liability

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Fourth Department Law Holds That New York State Law, Not Tribal Law, Applies to Non-Indian Contractor on Indian Land

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June 2012

Court of Appeals Declines to Apply Labor Law §240(1) To Cleaning a Structure at a Manufacturing Plant

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February 2012

New York Courts May Be Re-interpreting the “Serious Injury” Requirement of Insurance Law § 5102(d).

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