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February 03, 2022 | New York Law Journal

The Scope of Labor Law §§200, 240 and 241(6): Two Anomalies

In this edition of his Construction Accident Litigation column, Brian J. Shoot addresses two unrelated issues that have produced anomalous rulings concerning the scope of Labor Law §§200, 240 and 241(6). One issue is whether a defendant contractor's affirmative creation of a hazardous condition can give rise to liability under Labor Law §200 even where the defendant did not have any supervisory authority over the activities of the site worker who sustained the resultant injury. The second issue concerns an activity that plainly constitutes "construction" within the scope of Labor Law §241(6) and yet has lately been deemed not to be "construction" for the purposes of Labor Law §240.
19 minute read
November 04, 2021 | New York Law Journal

The Fault Lines of the Law (Again)

In this edition of his Construction Accident Litigation column, Brian J. Shoot considers two issues that recently generated illuminating Appellate Division dissents. One issue concerns construction and application of one of the most often cited Rule 23 subdivisions. The other issue concerns application of the workers' compensation bar.  
23 minute read
August 05, 2021 | New York Law Journal

Novel or Noteworthy Decisions From the Appellate Division

In this edition of his Construction Accident Litigation column, Brian J. Shoot discusses several Appellate Division rulings which, for one reason or another, are novel or noteworthy (or both). Two of the rulings have implications beyond the confines of construction accident litigation.
9 minute read
May 05, 2021 | New York Law Journal

The News From Rochester

In this edition of his Construction Accident Litigation column, Brian J. Shoot focuses on developments "upstate" concerning Labor Law §§240 and 241(6).
13 minute read
May 04, 2021 | New York Law Journal

Realty Law Digest

Scott E. Mollen, discusses "Haberman v. Zoning Bd. of Appeals of the City of Long Beach," where a wrongful revocation of a building permit was a held as a breach of defendant City of Long Beach's contract.
18 minute read
February 04, 2021 | New York Law Journal

The Still Unsolved 'Klein'/'Blake' Mystery

In this edition of his Construction Accident Litigation column, Brian J. Shoot once again addresses a significant hole in Labor Law jurisprudence, specifically the "sole proximate cause" defense, by reason of two ostensibly conflicting Court of Appeals decisions, 'Klein v. City of New York' and 'Blake v. Neighborhood Hous. Serv. of New York City', which have never been harmonized
6 minute read
November 05, 2020 | New York Law Journal

'O'Brien' Revisited, and Uncertainty Concerning the 'Sole Proximate Cause' Defense

In his Construction Accident Litigation column, Brian J. Shoot revisits a 2017 decision that resulted in two immediate and almost polar opposite reactions from the bar, and examines how that holding has factored into litigation in the past three years. He also reviews two recent and contradictory rulings from the Fourth Department concerning the "sole proximate cause" defense.
14 minute read
September 08, 2020 | New York Law Journal

Legal Malpractice In the Time of Plague

How will the COVID pandemic change our judicial systems, and will there be any effect on legal malpractice?
12 minute read
August 06, 2020 | New York Law Journal

'Sole Proximate Cause' Meets 'Everyone Was Doing It'

In his column on Construction Accident Litigation, Brian J. Shoot discusses the recent 'Biaca-Neto' case, where this was the principal issue.
11 minute read
May 06, 2020 | New York Law Journal

The Top 10 Labor Law Rulings of the Past 10 (Really, 11) Years: Part II

In his Construction Accident Litigation, Brian J. Shoot analyzes the remainder of his "Top 10" list of Court of Appeals' decisions involving §§240, 241(6) or 200 of the Labor Law, giving consideration to not only the importance of the determination in each case, but also its novelty.
32 minute read

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