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You are here: Home1 / Labor Law-Construction Law2 / Wooden Flooring With Gaps Between the Planks Constituted an Elevation-Related...
Labor Law-Construction Law

Wooden Flooring With Gaps Between the Planks Constituted an Elevation-Related Hazard

The First Department noted that wooden planks with gaps between them high above the bottom of a shaft constituted and elevation-related hazard to which Labor Law 240 (1) applied “regardless of whether the flooring was permanent.”  Kircher v City of New York, 2014 NY Slip Op 07951, 1st Dept 11-18-14

 

November 18, 2014
Tags: First Department
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ALTHOUGH THE PERSON WHO ALLEGEDLY ASSAULTED PLAINTIFF AT JFK AIRPORT WAS AN EMPLOYEE OF AMERICAN AIRLINES, HE WAS NOT ON DUTY AT THE TIME OF THE INCIDENT; THE DEFENDANTS MOTION FOR SUMMARY JUDGMENT ON THE VICARIOUS LIABILITY AND NEGLIGENCE CAUSES OF ACTION SHOULD HAVE BEEN GRANTED (FIRST DEPT).
WHETHER THE TRENCH WAS THREE OR SEVEN FEET DEEP, PLAINTIFF SHOULD HAVE BEEN PROVIDED WITH A LADDER OR A RAMP TO DESCEND INTO IT BUT WAS TOLD TO JUMP DOWN; PLAINTIFF WAS ENTITLED TO SUMMARY JUDGMENT ON THE LABOR LAW 240(1) CAUSE OF ACTION (FIRST DEPT).
New York Courts Do Not Have Jurisdiction Over Intra-Tribal Matters
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THE JUDGE SHOULD NOT HAVE CONSIDERED WHETHER THE INVOICES FOR ATTORNEY’S FEES WERE “REASONABLE;” THE ONLY QUESTION IN AN ACCOUNT-STATED ACTION IS WHETHER THE CLIENT OBJECTED TO THE AMOUNTS OF THE INVOICES (FIRST DEPT).

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