Raymond C Green

August 15, 2023 | New York Law Journal

April 28, 2022, produced three Court of Appeals Labor Law Section 240(1)-related opinions (Healy v. EST Downtown, 38 NY3d 998 [2022]; Bonczar v. American Multi-Cinema, 38 NY3d 1023 [2022] and Cutaia v. Board of Managers of the 160/170 Varick Street Condominium, 38 NY3d 1037 [2022]). Each was on its issue favorable to the defendant.

By Raymond C. Green

7 minute read

June 06, 2022 | New York Law Journal

This article discusses what makes an entity an "owner" within the contemplation of the Labor Law statutes.

By Raymond C. Green

7 minute read

December 16, 2021 | New York Law Journal

Some holdings seem to have gone beyond the bounds of §240 by availing it for claims where none of its devices is culpably implicated, or the instrumentalities culpably involved were not among its devices.

By Raymond C. Green

8 minute read

May 14, 2021 | New York Law Journal

If there is a trial, it remains to be seen what, if anything, plaintiff purports as the violation of §240 that was a proximate cause of his accident.

By Raymond C. Green

6 minute read

March 13, 2018 | New York Law Journal

The Court of Appeals repeatedly teaches that where statutory language is clear and unambiguous, effect is to be given to the plain reading of the words used. The lesson no less serves Labor Law-based actions. Treatment of the subject necessitates questionings.

By Raymond C. Green

8 minute read

August 31, 2017 | New York Law Journal

Raymond C. Green reviews a recent case where a worker for a florist was injured falling from a ladder while disassembling a chuppah used in an earlier wedding ceremony. The court agreed with the worker that the chuppah was a "structure" under Labor Law §240(1), but did not address other elements requisite to constitute a valid claim.

By Raymond C. Green

15 minute read

November 01, 2013 | New York Law Journal

Raymond C. Green, a retired General Attorney at the New York State Insurance Fund, writes: Reality-informed skepticism compels thought that any bill applying the comparative culpability statute to the Scaffold Law will not reach the governor's desk. But, that does not foreclose a different approach. What is needed is for the Court of Appeals to look again and overrule holdings which denied the applicability of CPLR 14-A to Section 240.

By Raymond C. Green

13 minute read

August 04, 2010 | New York Law Journal

Raymond C. Green, a retired former General Attorney at the New York State Insurance Fund, writes that practitioners cannot expect courts to rescue us from losses where there would otherwise have been wins, if only properly available grounds had been urged; nor to expect courts to point out for us crucial grounds or argument that we have overlooked.

By Raymond C. Green

13 minute read