Credit: maienter9/Adobe Stock Reconsidering 'General vs. Specific'?
New York courts have spent decades defining provisions and, for the most part and with few exceptions, the modern litigator knows whether a provision is "general vs. specific." To suddenly "clear-the-board" would be impractical and drastically change New York Labor Law practice, unnecessarily.
February 15, 2022 at 10:00 AM
10 minute read
Construction
For close to 30 years, the legally pertinent question, when considering Labor Law 241(6) claims, is whether the relevant regulation sets forth a "specific standard of conduct" or promulgates a general safety standard. This differentiation was first established in the decision of Ross v. Curtis-Palmer Hydro-Elec. Co. and has been repeatedly upheld by its progeny. However, the Court of Appeals has hinted that it may reconsider the application of this longstanding standard.
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