The First Department granted a plumber’s assistant summary judgment under Labor Law § 240(1) after he fell from sidewalk level into a below-ground entranceway while working beside an inadequate barrier.
The First Department affirmed Labor Law §§ 240(1) and 241(6) liability where a mason fell from a moving scaffold lacking guardrails and usable harness anchor points.
A divided First Department dismissed negligent-supervision claims against The Carsey-Werner Company because no alleged assault occurred on its premises or through its resources.
The First Department enforced CPLR 3212’s deadline where the City waited 62 unexplained days to refile a motion after court-directed electronic conversion.
The First Department held that state daycare oversight failures did not create the special duty required for negligence liability after a child’s death.
The First Department held that each retired player’s concussion claim is at least one separate occurrence, found the NFL’s class settlement reasonable, and ruled that football is not a products-hazard product.
A divided First Department held that conflicting accounts of a trench accident and evidence of available bracing precluded summary judgment under Labor Law § 240(1).
The First Department held that drilling two holes to run Wi-Fi cable did not significantly change a building and therefore fell outside Labor Law § 240(1).
The First Department allowed New York assault and gender-violence claims to proceed under the Adult Survivors Act but dismissed Nevada-based emotional-distress allegations as untimely.
The First Department reduced a record-setting bus-injury verdict but sustained $37 million in pain-and-suffering damages for a plaintiff with catastrophic, permanent injuries.
The First Department held that a defective permanent staircase was a Labor Law § 240(1) safety device where no viable alternative route reached the work area.
The First Department found competing expert proof on vehicle electronics and crashworthiness sufficient to preserve design-defect, warning, warranty, and related claims.
The First Department held that inaccurately transcribing a seizure date onto a DMV physician form is ordinary negligence governed by a three-year limitations period.
The First Department dismissed a school aide’s injury claim because a recess contractor owed no third-party duty and an errant basketball was an assumed risk.
The First Department held that a scaffold can violate Labor Law § 240(1) by tipping during operation even without a physical defect, and rejected sole-proximate-cause and recalcitrant-worker defenses.
The First Department held that conflicting expert opinions over the governing Building Code prevented an out-of-possession owner and manager from defeating a worker’s concealed-hole claim.
The First Department affirmed dismissal of a ureter-injury malpractice claim because the plaintiff’s expert did not answer the defense explanation that delayed tissue damage would not have been visible during surgery.
The First Department reinstated a Labor Law § 241(6) claim over a cracked exterior step while preserving negligence issues and dismissing contribution claims barred by the Workers’ Compensation Law.
The First Department kept a delayed pulmonary-embolism claim against a hospital alive but dismissed the treating emergency physician because the opposition relied on facts contradicted by the medical record.
The First Department affirms partial summary judgment under the Scaffold Law, holding that terra cotta coping used as a suspended scaffold anchor point is subject to Labor Law § 240(1)’s absolute liability standard when it dislodges and strikes a worker below.
The First Department affirms dismissal of a Child Victims Act claim brought by a New Jersey resident abused in New Jersey, holding that CPLR 214-g’s revival window is limited to New York and aligning with the Second Department’s territorial-scope ruling.
The First Department affirms summary judgment under Labor Law § 240(1) where workers manually lowered a heavy metal switchgear without a hoist—even though hoisting equipment had been used on prior days—and the top of the switchgear fell on the plaintiff with enough force to crack his hard hat.
The First Department affirms Labor Law § 240(1) liability against the Bronx construction site owner and contractor while granting summary judgment on common-law negligence against the materials supplier whose forklift operator dropped sheetrock on the plaintiff—and conditionally grants contractual indemnification cross-claims through the construction chain.
The Appellate Division, First Department affirmed denial of a construction worker’s partial summary judgment on Labor Law §§ 240(1) and 241(6) Scaffold Law claims, finding the foreman’s testimony that plaintiff was instructed to use a scissor lift — not a ladder — created a triable recalcitrant-worker defense.