Howard S. Hershenhorn Gair Gair Conason Steigman Mackauf Bloom & Rubinowitz Christopher Sallay Gair Gair Conason Steigman Mackauf Bloom & Rubinowitz Howard S. Hershenhorn will serve as Overall Planning Chair and Christopher L. Sallay will serve as Assistant Chair of the New York Bar Association‘s Labor Law/Construction Site…
In a must read case The New York Court of Appeals in Wilinski v. 334 East 92nd Housing Development Fund Corp., et al., decided October 25, 2011, 2011 NY Slip Op 7477, held that; “Some New York courts have interpreted our decision in Misseritti v Mark IV Constr. Co. (86…
In a 3-2 decision The New York Appellate Division, 3d Department, in GROVE v. CORNELL UNIVERSITY et al., 75 A.D.3d 718; 904 N.Y.S.2d 559; 2010, denied plaintiff’s motion for summary judgment on his 2401(1) claim while granting defendants’ cross motion dismissing the claim holding that plaintiff’s own negligent conduct was,…
In a 3-2 decision The New York Appellate Division, 1st Department affirmed the granting of summary judgment to a construction worker on his 240(1) claim. In Reavely v.Yonkers Raceway Programs, Inc., et al., decided on October 20, 2011, the worker suffered injury while assisting in the installation of a hang…
In a New York construction accident case in which a worker suffered injury when he fell from a scaffold The Court rejected the recalcitrant worker defense. In Mazurett v. Rochester City School District, decided by The New York Appellate Division, 4th Department on October 7, 2011, the construction worker sustained…
In Schick v. 200 Blydenburgh, LLC, et al., 2d Department decided October 4, 2011, the plaintiff sustained injury when he fell from a ladder on which he was standing. The Court set forth the facts as follows; “On March 9, 2007, the date of the subject accident, Pal Supply had…
In Cordeiro v. TS Midtown Holdings, LLC, et al., The New York Appellate Division, First Department on September 15, 2011, granted plaintiffs’ motion for partial summary judgment as to liability on their Labor Law § 240(1) claim. The plaintiff sustained injury while preparing to remove elevator equipment from a building…
This is from a Seminar by The New York State Bar Association on New York Construction Accident Law which was held in 2008. The Seminar was developed by Howard S. Hershenhorn who was the over -all planning chair. The seminar has been held State wide since 2007. It will once…
New York State police confirmed that a 46-year-old Vermont construction worker died of injuries caused sustained in a heavy machinery construction accident. Michael Loyer of South Burlington was working for Trenchless Technologies of New England at a railroad site in Port Kent, New York. The accident occurred while he was…
In THOME v. BENCHMARK MAIN TRANSIT ASSOCIATES, LLC, 4th Dept. July 8, 2011, 2011 N.Y. Slip 5884, The Court denied the plaintiff construction worker’s motion for summary judgment. Plaintiff was standing on a scissor lift and, when he repositioned the scissor lift to perform his work, one of its wheels…
