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Common Law Liability at Construction Sites and the 'Launching a Force' Test
"The 'Espinal' court never gave any reason why its three-prong test was better, fairer or more logical than the Restatement formulation," writes Brian J. Shoot.It Happened In a 'Labor Law' Case
The issues Brian J. Shoot discusses in this Construction Accident Litigation column share two points in common: (1) all have arisen in cases involving alleged violations of Section 200, 240 and/or 241(6) of the Labor Law, and (2) none are specific to so-called Labor Law actions.Appeal Now or Wait? The 'Necessarily Affects' Conundrum
With last year's Court of Appeals decision in 'Bonczar v. American Multi-Cinema', the issue concerning the "sole proximate cause" defense remains unresolved. However, 'Bonczar' presents a new issue that arises in many construction litigation cases but is far broader than construction and personal injury litigation.View more book results for the query "Sullivan Papain Block McGrath & Cannavo P.C."
'Biaca-Neto' and Sole Proximate Cause, Part II, 'Ultimate Responsibility'
Editor's Note: This is the second installment of a two-part column. The first installment appeared in the May 5, 2023, edition of the New York Law…Making the Defendant Attorney Your Expert
A discussion of the rules on deposing a professional as an expert, including the standard of care and importance of the witnesses' own conduct.Trial Lawyers 'Master Series' CLE Webinar Panel Boasts 200-Plus Years' Experience
NYSTLA President Thomas P. Valet said the event was "an unprecedented coming together" of legal talent.NY Court of Appeals Says Jury Can Hear Fatal Security Negligence Cases Against NYC Housing Authority
Chief Judge Rowan Wilson wrote that landlords in New York "have a common-law duty to take minimal precautions to protect tenants from foreseeable harm, including a third party's foreseeable criminal conduct."Construction Accident Litigation, Part 1: 'Biaca-Neto' and Sole Proximate Cause
In this edition of his Construction Accident Litigation column, Brian Shoot focuses upon a single question: whether the plaintiff-worker's conduct constitutes the sole proximate cause of the subject accident as a matter of law, or alternatively may be deemed by a jury to be the sole proximate cause of the subject accident.Trending Stories
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