It is undeniable that COVID-19 health crisis has taken a large toll on front-line healthcare workers over the past year. In the early onset of COVID, Article 30-D of the Public Health Law, better known as the “Emergency Disaster Treatment Protection Act” (EDTPA) was...
On March 24, 2021, the New York State Senate unanimously voted to pass the Treatment Protection Act. The Act will, among other provisions, repeal the criminal and civil immunity that was granted to nursing homes at the onset of the COVID-19 pandemic. The Act already...
Typically, in New York, an injured person has 2.5 years, or 30 months, from the time of the injury to file a medical malpractice claim. However, there are numerous exceptions to this timeframe, such as the Continuous Treatment Doctrine. Under the Continuous Treatment...
New York Labor Law Sections 240 and 241 provide broad requirements for the use of scaffolding and other safety equipment for various construction projects. These statutes give workers causes of action to sue contractors and site owners for their injuries. If it turns...
In a recent disputed decision, the New York Court of Appeals reversed a decision of the First Department that dismissed a lawsuit on summary judgment, instead finding that there was an issue of fact as to whether a plaintiff was the sole proximate cause of his...
New York Labor Law Section 240(1) is a broad-reaching statute that requires the use of scaffolding and other protective measures in various construction-related work. For contractors, property owners, and insurance companies, defending against a worker’s claim under...
New York is only one of 12 states, as well as Puerto Rico, in the United States that requires insurance companies to utilize a no-fault policy after an insured driver is involved in an accident. This policy states that motorists involved in accidents will first go to...
Employees, employers and insurance agents are likely aware of New York's Labor Law 240, also commonly known as the "Scaffold Law." The 1885 law was created with the intent of protecting construction workers from any injury caused by a fall or other incident involving...
The days of paper logs and fudging hours of service are long gone. The Federal Motor Carrier Safety Administration’s (FMSCA) placed a mandate on electronic logging devices a few years ago. Since then, truckers and trucking companies have been working to equip...
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