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Articles From The Defendant on
Recent New York Legal Developments
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Summary Judgment and
the Feigned Issue of Fact Doctrine, by Steven R. Kramer, senior
litigation associate with Harrington, Ocko & Monk, LLP. We are all familiar
with the rule that the existence of a genuine issue of material fact
precludes the award of summary judgment. The rule's reference to a
"genuine issue" might appear to be a matter of semantics. In practice,
however, the term "genuine issue" has been treated by the Courts not as an
innocuous term but, rather, a stringent requirement on the party opposing
a motion for summary judgment.
More
available in PDF... |
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| The Scaffold Act: Recent Developments, Including
the Successful Amicus Curiae Brief Submitted by the Committee on the Development of the Law.
By James K. O'Sullivan* and Andrew Zajac** The statute has been construed to protect workers from the "extraordinary risks" associated with construction sites, such as the danger of falling from a height, or the danger that "materials or load" will fall on
them. More
available in PDF... |
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| Dropping in the
Causation Controversy in Strict Liability Scaffold Cases, By Julian D. Ehrlich.
The issue of proximate cause in analysis of the so-called scaffold statute, Labor Law §240(1), moved into the spotlight following the 1998 Court of Appeals case of Weininger v. Hagedorn & Co.
More available in
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The Slippery Matter of Defenses to Labor Law §241(6), By Julian D. Ehrlich.
With amendments in the Workers' Compensation Law and the increasing use of wrap-up insurance drastically reducing the ability to implead actively negligent employers , the evolving and elusive defenses to the commonly pled Labor Law §§241(6) and 240(1) are becoming increasingly important to both plaintiffs and defendants in construction site personal injury suits.
More available in PDF... |
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