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Summary Judgment Granted For Construction Worker on 240(1) Claim for Injury in New York Construction Accident
19 Feb 2012, 3:41 pm
Fund Corp., 18 NY3d 1, 4). [read post]
New York Personal Injury Attorneys Blog - http://www.newyorkpersonalinjuryattorneysblog.com/
First Department Excludes Routine Household Cleaning from Labor Law §240 Claims
20 Jun 2016, 2:20 pm by ADeStefano
Crew Inc., (21 NY3d 562, 568 [2013]) (holding that “activity cannot be characterized as ‘cleaning’ under the statute, if the task: (1) is routine, in the sense that it is the type of job that occurs on a daily, weekly or other relatively-frequent and recurring basis as part of the ordinary maintenance and care of commercial premises; (2) requires neither specialized equipment or expertise, nor the unusual deployment of labor; (3) generally involves… [read post]
New York Appellate Law Blog - http://mlnappeals.blogspot.com/
NY1: Lack of objective evidence of weapon made frisk unreasonable
4 Jul 2012, 9:10 pm
July 3, 2012)* (3-2): Reasonable suspicion could not be formed in this case based strictly on the officers' observation of appellant removing an object from his waistband, because they conceded that the object bore no obvious hallmarks of a weapon. [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
Construction Accident Law-New York Court of Appeals Dismisses Construction Worker's 240(1) Claim
22 Nov 2011, 5:48 pm
., decided on November 21, 2011, The New York Court of Appeals in a 4-3 decision granted defendants' motion for summary judgment dismissing a construction worker's 240(1) claim. [read post]
New York Personal Injury Attorneys Blog - http://www.newyorkpersonalinjuryattorneysblog.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
Agency, 200 AD3d 1282, 1284 [3d Dept 2021] [internal [*3]quotation marks, brackets, ellipsis and citations omitted], lv denied 38 NY3d 909 [2022]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
Agency, 200 AD3d 1282, 1284 [3d Dept 2021] [internal [*3]quotation marks, brackets, ellipsis and citations omitted], lv denied 38 NY3d 909 [2022]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York Court of Appeals Reverses Dismissal Of Construction Worker's 240(1) Claim
28 Oct 2011, 3:25 am
City, 1 NY3d 280, 289, 803 N.E.2d 757, 771 N.Y.S.2d 484 n 8 [2003] [emphasis added]). [read post]
New York Personal Injury Attorneys Blog - http://www.newyorkpersonalinjuryattorneysblog.com/
Some of the elements consider by the courts when an educator challenges his dismissal during his probationary period
28 Jun 2019, 4:00 am by Public Employment Law Press
It perceived no basis for finding that Petitioner's termination "was for a constitutionally impermissible purpose, violative of a statute, or done in bad faith," citing Matter of Mendez v New York City Dept. of Educ., 28 NY3d 993;2. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
State Insurance Fund Is Not Subject to Direct Suit Pursuant to Insurance Law §§ 3420(A)(2) & (B)(1)
30 Apr 2010, 6:24 am
., 3 NY3d 350 (Ct. [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
An Unnecessary Arbitration and a Legal Malpractice Case
1 Jun 2022, 3:33 am by Andrew Lavoott Bluestone
Law,  24 NY3d 203 (2014). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Preventing a judgment that is unreviewable for mootness from spawning any legal consequences or precedent
10 Jun 2022, 9:32 pm by Public Employment Law Press
(PROCEEDING/ACTION NO. 1.) [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Preventing a judgment that is unreviewable for mootness from spawning any legal consequences or precedent
10 Jun 2022, 9:32 pm by Public Employment Law Press
(PROCEEDING/ACTION NO. 1.) [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Elements in judicial review of an employee administrative disciplinary action
24 Aug 2023, 6:00 am by Public Employment Law Press
The Appellate Division:[1.] [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Elements in judicial review of an employee administrative disciplinary action
24 Aug 2023, 6:00 am by Public Employment Law Press
The Appellate Division:[1.] [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
NEW YORK CONSTRUCTION ACCIDENT LAW- THE SAME LEVEL RULE-GOING, GOING, GONE?
2 Mar 2012, 9:50 am
Fund Corp., 18 NY3d 1 rejecting the same level rule. [read post]
New York Personal Injury Attorneys Blog - http://www.newyorkpersonalinjuryattorneysblog.com/
Applying the Rule of Necessity
6 Sep 2024, 6:00 am by Public Employment Law Press
* Footnotes in the Appellate Divisions decision indicate: 1. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applying the Rule of Necessity
6 Sep 2024, 6:00 am by Public Employment Law Press
* Footnotes in the Appellate Divisions decision indicate: 1. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Continuation of employment upon the expiration of a contract of employment may not be automatic
27 Jun 2012, 4:00 am
Continuation of employment upon the expiration of a contract of employment may not be automatic Goldman v White Plains Ctr. for Nursing Care, LLC, 11 NY3d 173 Some public employments, typically those involving employment in a position having academic rank at a public college or university [see, for example 4 NYCRR 335.10] or as a school superintendent or an associate school superintendent, [see, for example, Education Law §§1711(3) and 2507(1)], are controlled… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Exception to seeking competitive bids for good and services
19 Jul 2010, 2:42 am
Exception to seeking competitive bids for good and servicesOmni Recycling of Westbury, Inc. v Town of Oyster Bay, 11 NY3d 868Typically a political subdivision of the State will solicit competitive bids for goods and services. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Judicial review of an arbitration award is limited
29 Jul 2024, 6:00 am by Public Employment Law Press
Co. v Allied Capital Corp., 35 NY3d 64 and other cases. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/