In Fabrizi v. 1095 Ave. of the Americas, the New York Court of Appeals addressed the issue of what constitutes a safety device within the meaning of Labor Law § 240(1). That statute, known as the “Scaffold Law”, provides: All contractors and owners and their agents, except owners of one and two-family dwellings who contract for…
Read More Court of Appeals Clarifies What is a Labor Law § 240(1) Safety DeviceIn Garcia v Neighborhood Partnership Hous. Dev. Fund Co., Inc., the Appellate Division, First Department modified a lower court’s decision and held that plaintiffs were entitled to summary judgment on liability under Labor Law § 240(1), the so-called “Scaffold Law” (but not with respect to the remaining claims). The court explained the law under Labor Law §…
Read More Foreseeable Building Collapse Results in Summary Judgment for Plaintiffs Under “Scaffold Law” (Labor Law § 240(1))“The greatest enemy of knowledge is not ignorance, it is the illusion of knowledge.” These words, attributed to Stephen Hawking, find application in various fields. They are particularly applicable to a recent New York Post article entitled “NY’s worst law helps lawyers, kills construction”. Written by Rev. Jacques DeGraff, the article attacks NY’s “Scaffold Law” – New York…
Read More The Post’s Misguided Attack on the Scaffold Law