Two recent decisions by the Court of Appeals, Wilinski v. 334 East 92nd Housing Development Fund Corp., 18 NY3d 1 (2011) and Ortiz v. Varsity Holdings, LLC, —NY3d—, 2011 WL6338897 (2011), are significant for expanding workers’ protection under Labor Law §240(1). However, the failure of the Court of Appeals to grant summary judgment to the plaintiffs in these cases is inconsistent with established case law.

Labor Law §240(1) provides:

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]