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You are here: Home1 / Labor Law-Construction Law2 / 12 TO 18 INCH FALL SUPPORTED SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF UNDER...
Labor Law-Construction Law

12 TO 18 INCH FALL SUPPORTED SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF UNDER LABOR LAW 240 (1).

The First Department determined a fall of 12 to 18 inches sufficed to award plaintiff summary judgment Labor Law 240 (1) action:

Plaintiff was injured when, while carrying wood planks, he fell through an opening in a latticework rebar deck to a plywood form that was 12 to 18 inches below. “There is no bright-line minimum height differential that determines whether an elevation hazard exists” … , and here, the record establishes that plaintiff's fall was the result of exposure to an elevation related hazard … . Brown v 44 St. Dev., LLC, 2016 NY Slip Op 02527, 1st Dept 3-31-16

LABOR LAW (12 TO 18 INCH FALL SUPPORTED SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF UNDER LABOR LAW 240 (1))

March 31, 2016
Tags: First Department
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ALTHOUGH CPLR 2104 DOES NOT APPLY TO STIPULATIONS IN ADMINISTRATIVE PROCEEDINGS, THE STIPULATION SIGNED BY PLAINTIFF, IN WHICH HE AGREED TO RETIRE IN RETURN FOR THE CESSATION OF DISCIPLINARY PROCEEDINGS, WAS ENFORCEABLE UNDER CONTRACT PRINCIPLES DESPITE PLAINTIFF’S SUBSEQUENT CHANGE OF HEART (FIRST DEPT).
ALTHOUGH MOST OF THE CAUSES OF ACTION STEMMING FROM THE PURCHASE OF RESIDENTIAL MORTGAGE-BACKED SECURITIES WERE TIME-BARRED, A LIMITED BACKSTOP GUARANTY CAUSE OF ACTION AND A FAILURE TO NOTIFY CAUSE OF ACTION WERE REINSTATED.
JOINT VENTURE AGREEMENT, ALTHOUGH UNSIGNED, WAS VALID BECAUSE IT WAS CAPABLE OF BEING PERFORMED IN ONE YEAR; CAUSE OF ACTION FOR BREACH ACCRUED IN 2013 WHEN PAYMENT REQUIRED BY THE 2001 AGREEMENT WAS NOT MADE.
Tortious Interference with Contract and Unfair Competition Causes of Action Proven–Elements Explained—Punitive Damages Not Warranted–Purpose Explained
THERE WAS NO EVIDENCE MOTHER’S MENTAL HEALTH ISSUES IMPAIRED THE CHILDREN; ONE INCIDENT IN WHICH MOTHER SLAPPED HER SON WHEN HE WAS RUDE AND DISRESPECTFUL DID NOT SUPPORT A FINDING OF EXCESSIVE CORPORAL PUNISHMENT (FIRST DEPT).
THE SUPERIOR COURT INFORMATION (SCI) WAS JURISDICTIONALLY DEFECTIVE BECAUSE IT INCLUDED OFFENSES FOR WHICH DEFENDANT WAS NOT HELD FOR GRAND JURY ACTION (FIRST DEPT).
AN ACCOUNT-STATED ACTION IS NOT DUPLICATIVE OF A BREACH-OF-CONTRACT ACTION; HERE PLAINTIFF DIVORCE ATTORNEYS PROPERLY SOUGHT PAYMENT UNDER BOTH ACCOUNT-STATED AND BREACH-OF-RETAINER-AGREEMENT THEORIES AND THE COURT PROPERLY AWARDED SUMMARY JUDGMENT ON THE ACCOUNT-STATED CAUSE OF ACTION (FIRST DEPT).

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