First Department reverses denial of summary judgment, dismissing Labor Law Section 200 and negligence claims against heating company that lacked actual supervisory control over injured worker.
The First Department affirmed Labor Law § 240(1) liability for injuries from an unsecured sprinkler pipe that toppled onto a construction worker, finding the gravitational force was not de minimis.
Appellate Division reverses grant of Article 78 petition, reinstating CDRB denial of contractor’s $280,000 claim and finding agency determination was rationally based.
Appellate Division affirms summary judgment on Labor Law section 241(6) claim where carpenter tripped on torn tarp covering construction corridor, violating Industrial Code section 23-1.7(e)(1).
Appellate Division affirms workers’ compensation carrier liability determination in case involving professional employer organization and complex employment relationships in construction.
Appellate Division modifies order in elevator construction accident, granting dismissal of contractual indemnification claims against KONE while denying dismissal of negligence claims.
Appellate Division modifies construction accident indemnification ruling, granting only conditional contractual indemnification and denying common-law indemnification summary judgment.
Appellate Division reverses, granting summary judgment to garbage truck driver on Labor Law section 240(1) claim after being struck by falling pallet at construction site.
Appellate Division affirms summary judgment on Labor Law sections 240(1) and 241(6) liability in crane accident, modifying to grant property owner conditional indemnification.
Appellate Division affirms Labor Law sections 240(1) and 241(6) liability against general contractor, disregarding contradictory affidavit as feigned issue of fact.
Appellate Division affirms Labor Law section 240(1) liability for worker’s fall through unprotected opening and grants property owner unconditional contractual and common-law indemnification against contractor.
Second Department reverses summary judgment for property owner in mechanic’s lien foreclosure, finding triable issues about amounts owed in multi-tier construction contract chain.
The Fourth Department reversed Supreme Court and granted a construction worker partial summary judgment under Labor Law § 240(1) after a CSL Plasma employee duct-taped tube socks over an A-frame ladder’s feet to protect newly installed tile, causing the ladder to slide and injuring the plaintiff.
The Fourth Department affirmed denial of a homeowner’s motion for summary judgment dismissing third-party claims after a temporary basement staircase collapsed, holding that the homeowner’s instruction to use as few fasteners as possible raised triable questions about whether he created the dangerous condition.
The Third Court of Appeals reversed summary judgment for St. Edward’s University, holding that the parol evidence rule prohibited using pre-contract negotiations to transform a cost-plus contract’s ‘estimated budgetary price’ into a guaranteed maximum price.
The Texas Supreme Court held that a plaintiff may reassert claims against a design professional via amended petition in the same lawsuit after a certificate-of-merit dismissal without prejudice under Section 150.002.
Fourth District reverses summary judgment for general contractor in $73 million emissions testing equipment dispute, holding that whether the equipment becomes a fixed part of the structure for purposes of the contractor licensing finished products exemption is a question of fact when supported by c
First District affirms summary judgment for turnkey contractor under the Privette doctrine in suit by injured rebar subcontractor employee, holding that morning site preparation including dewatering does not constitute affirmative contribution under Hooker and that Cal-OSHA regulations are generally