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...
The Homeowner Exemption to New York Labor Law Sections 240 and 241
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...
New York Labor Law Section 240(1) and Misusing Safety Equipment: The Case of Biaca-Neto v. Boston Rd. II Housing Development Fund Corporation
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...
Defending a Claim under New York Labor Law Section 240(1): The Obstacles for a Dismissal Pursuant to a Motion for Summary Judgment
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...
Are there limitations to New York’s No-Fault law?
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...
Are the truckers you insure ELD compliant?
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...
Welcome To Our Blog
We established this blog to share stories and information about topics relevant to our practice. Our intent is to regularly provide posts highlighting legal issues of local, state and national interest that we think you will find interesting. Check back later for...
Determining who is liable in a construction site accident
Construction site accidents not only happen regularly, they can result in serious injury or even death. While workers’ compensation will likely provide certain benefits, there is often a scramble to determine if another party might be liable for what happened....
Will 65 mph be the new speed limit for semi-trucks?
Two U.S. senators have proposed a bill that would limit Class 7 and Class 8 truck drivers from going above 65 mph. The speed would be regulated by an electronic speed limiting device installed in semi-trucks. Although the majority of U.S. semi-trucks already have...
E-scooters open up new challenges in liability and insurance
In the last two years, electric scooters have taken the country by storm. Users have responded to this easily accessible, environmentally friendly form of transportation in droves. However, as the popularity of e-scooters has grown, so have the rates of injuries. As...
