New York Appellate Law Blog

The New York Appellate Law Blog, published by Mauro Lilling Naparty LLP, focuses on appellate decisions in New York State, particularly those involving construction and labor law claims under New York Labor Law sections 200, 240(1), and 241(6). It covers case law related to workplace injuries, negligence, indemnification, and contractual defense costs. The blog also addresses issues in insurance law, such as contract interpretation and ambiguity in policy terms. The content highlights appellate court rulings that clarify legal standards for liability, comparative fault, and procedural aspects of summary judgment in personal injury and insurance disputes.

Blog Authors

ADeStefano

Latest from New York Appellate Law Blog

New York Appellate Law Blog

Second Department Dismisses Labor Law 240(1) Claim for Injury Caused by Carrying Heavy Steel Beam, But Awards Contractual Defense Costs

By ADeStefano

July 2, 2018

In Sullivan v New York Athletic Club of City of N.Y., plaintiff’s knee gave out while carrying a heavy beam on his
shoulder down a flight of stairs with a co-worker. The plaintiff commenced an
action alleging common law

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New York Appellate Law Blog

Second Department Denied Summary Judgment Pursuant to Labor Law § 240(1) Where Issues of Fact Remained as to Sole Proximate Cause

By ADeStefano

July 2, 2018

In Lorde v Margaret Tietz Nursing & Rehabilitation Ctr., the plaintiff was
injured when the inverted bucket that he was standing on tilted, causing him to
fall. Plaintiff commenced an action alleging common law negligence and
violations of Labor

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New York Appellate Law Blog

Second Department Denies Summary Judgment to Plaintiff On His Labor Law § 241(6) Claim Where Issues of Fact Remain as to Plaintiff’s Comparative Fault

By ADeStefano

December 29, 2016

In Cardenas v. 111-127 Cabrini Apartments Corp., the plaintiff was injured while painting when he fell from a ladder that had a defective supporting bracket that could become unlocked without warning. He commenced an action against the defendant alleging,

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New York Appellate Law Blog

First Department Finds Sole Proximate Cause In Labor Law Action Where Plaintiff Chose the Method of Securing Equipment That Fell and Contributed to His Injury

By ADeStefano

December 29, 2016

In Guido v. DASNY, plaintiff parked his truck on top of debris outside of a construction site where his employer was performing work, causing his truck to “tilt.” As he was loading his employer’s ladders into the truck, they

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New York Appellate Law Blog

First Department Seemingly Finds That Whether Ambiguity Exists in an Insurance Contract Depends on the Facts of the Case Rather Than the Terms of the Insuring Agreement

By ADeStefano

December 27, 2016

We had previously reported that in Dean v. Tower Ins. Co., the Court of Appeals had affirmed the First Department on a finding that the term “reside” in an insurance policy issued by Tower Insurance was ambiguous. This issue

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New York Appellate Law Blog

First Department Allows Evidence of Post-Accident Repairs to be used to Establish Identity of Alleged Injury Producing Equipment

By ADeStefano

December 27, 2016

In Perkins v. NYCTA, the First Department affirmed the lower court’s direction to the defendant to produce evidence of post-accident repairs in order to establish that a wheelchair ramp to be inspected was the same ramp on which plaintiff

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New York Appellate Law Blog

Recent Second Department Decisions Highlight A Common Theme When Deciding Liability For "Defective Means and Methods" or "Defective Conditions" Under Labor Law § 200

By ADeStefano

December 22, 2016

In determining liability under Labor Law § 200, there are two principles that underscore most Labor Law § 200 cases (1) where liability can be imposed based on “defective means and methods” of the work and (2) where liability can

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New York Appellate Law Blog

Second Department Finds That Worker’s Fall From Open Tailgate of Moving Pickup Truck, and His Subsequently Being Struck by A Falling Object, Does Not Trigger Liability Under Labor Law § 240(1)

By ADeStefano

December 22, 2016

In Eddy v. John Hummel Custom Bldrs., Inc., the plaintiff had loaded heavy construction material into the back of a pickup truck in order to transport the materials at a construction site. One such item was a cast iron

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New York Appellate Law Blog

Court of Appeals Reverses First Department On Issue of Whether Plaintiff Was Sole Proximate Cause of His Fall From Scaffold and Grants Plaintiff Summary Judgment

By ADeStefano

December 20, 2016

We had previously reported that the First Department had found questions of fact regarding sole proximate cause in a Labor Law § 240(1) action in Batista v. Manhattanville College. Subsequently, the First Department granted leave to appeal to the Court

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New York Appellate Law Blog

Court of Appeals Modifies First Department Decision re: Labor Law § 240(1) and Electric Shock

By ADeStefano

November 21, 2016

**** Update: The Court of Appeals has modified to deny plaintiff’s motion for summary judgment, and remitted the matter to the First Department for consideration of additional issues. http://www.nycourts.gov/reporter/3dseries/2016/2016_07823.htm Original Blog Entry below. ****

In a concurring opinion in Nazario

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