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A Construction Claim Trifecta - Issues of Labor Law 240(1), Grave Injury and Contractual Indemnity
29 Oct 2010, 7:26 am by ADeStefano
Judlau (11 NY3d 204 [2008]), the Court specifically noted that the provision at issue was a "partial indemnification agreement. [read post]
New York Appellate Law Blog - http://mlnappeals.blogspot.com/
The Civil Service Law §58(1)(a) age requirements for appointment as a provisional or permanent police officer are within the law enforcement exception of the ADEA
24 Jun 2022, 9:02 pm by Public Employment Law Press
Appeal from an order of the Court of Claims (McCarthy, J.), entered June 3, 2019, which granted defendant's motion to dismiss the claim. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Civil Service Law §58(1)(a) age requirements for appointment as a provisional or permanent police officer are within the law enforcement exception of the ADEA
24 Jun 2022, 9:02 pm by Public Employment Law Press
Appeal from an order of the Court of Claims (McCarthy, J.), entered June 3, 2019, which granted defendant's motion to dismiss the claim. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York Construction Accidents Law
27 Oct 2011, 5:18 am
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. [read post]
New York Personal Injury Attorneys Blog - http://www.newyorkpersonalinjuryattorneysblog.com/
Determining if a private entity is required to pay its employees assigned to provide services to a public entity "prevailing wages and supplements"
2 Feb 2021, 9:00 am by Public Employment Law Press
Ultimately the Commissioner of Labor affirmed, in full, its hearing officer's findings and recommendations that: 1. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Matter of D'Elia, NYLJ, June 4, 2007, at 29, col 3...cont
25 Jun 2015, 3:33 pm
City of New York, 5 AD3d 438 [2004], lv denied 3 NY3d 601 [2004]; Matter of M. [read post]
New York Personal Injury Lawyer Blog - http://www.newyorkpersonalinjurylawyer24-7blog.com/
Holding that substantial evidence supported the New York City Teacher Retirement System's Medical Board's determination that Petitioner's injury "was not caused by an 'accident' within the meaning of the statutory scheme", the Court of Appeals noted that was declining to adopt a rule that "purposeful conduct by coworkers" can never be the basis for an award of Accidental Disability Retirement
24 May 2024, 6:00 am by Public Employment Law Press
Decided on May 23, 2024 No. 47 [*1]In the Matter of Michele Rawlins, Appellant, v Teachers' Retirement System of the City of New York, et al., Respondents. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Holding that substantial evidence supported the New York City Teacher Retirement System's Medical Board's determination that Petitioner's injury "was not caused by an 'accident' within the meaning of the statutory scheme", the Court of Appeals noted that was declining to adopt a rule that "purposeful conduct by coworkers" can never be the basis for an award of Accidental Disability Retirement
24 May 2024, 6:00 am by Public Employment Law Press
Decided on May 23, 2024 No. 47 [*1]In the Matter of Michele Rawlins, Appellant, v Teachers' Retirement System of the City of New York, et al., Respondents. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Workers' Compensation Board's factual conclusion that claimant made willful misrepresentations to obtain benefits sustained
24 Jun 2022, 9:07 pm by Public Employment Law Press
—Commissioner of Labor], 167 AD3d 1183, 1184 [2018], lv dismissed 32 NY3d 1221 [2019]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Workers' Compensation Board's factual conclusion that claimant made willful misrepresentations to obtain benefits sustained
24 Jun 2022, 9:07 pm by Public Employment Law Press
—Commissioner of Labor], 167 AD3d 1183, 1184 [2018], lv dismissed 32 NY3d 1221 [2019]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee terminated for continuing to address disrespectful written statements to coworkers after being told to discontinue such misconduct
23 Dec 2020, 4:00 am by Public Employment Law Press
" ** See United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., 1 NY3d 72. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee terminated for continuing to address disrespectful written statements to coworkers after being told to discontinue such misconduct
23 Dec 2020, 4:00 am by Public Employment Law Press
" ** See United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., 1 NY3d 72. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Scuttlebutt About Town Did Not Trigger Insured's Obligation to Give Notice of Occurrence to His Homeowners Insurer
11 Dec 2010, 5:45 am
Co. v Sartor, 3 NY3d 71, 76 [2004]; General Acc. [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
What Types of Statements on Their Face Are Sufficient Threats for the Purpose of Second Degree Aggravated Harassment, PL 240.30(1)(b)
30 Sep 2015, 2:59 am by Jeremy Saland
Marquan M., 24 NY3d 1,7 [2014]). [read post]
New York Criminal Lawyer Blog - http://www.newyorkcriminallawyer-blog.com/
Where Might This Legal Malpractice Case Be Brought?
19 Apr 2012, 3:05 am by Andrew Lavoott Bluestone
  "Personal jurisdiction can be conferred under CPLR 302(a)(1) "even though the defendant never enters New York, so long as the defendant's activities here were purposeful and there is a substantial relationship between the transaction and the claim asserted" (Deutsche Bank Sec., Inc. v Montana Bd. of Invs., 7 NY3d 65, 71, cert denied 549 US 1095; see Fischbarg v Doucet, 9 NY3d 375, 380). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
New York Construction Accident Law
5 Feb 2012, 2:23 am
Even if defendants' evidence suggested that there might have been a ladder in the chassis under the truck at the work site, no evidence was presented that plaintiff knew where the ladder was or that he knew he was expected to use it and for no good reason chose not to do so (see Gallagher v New York Post, 14 NY3d 83, 88 [2010]; Auriemma v Biltmore Theatre, LLC, 82 AD3d 1, 11 [2011]). [read post]
New York Personal Injury Attorneys Blog - http://www.newyorkpersonalinjuryattorneysblog.com/
Can You Vacate a New York DWI Plea if the Court Failed to Advise You of Possible Felony Consequences of a Second DWI Arrest?
4 Apr 2013, 8:10 am
Catu, 4 NY3d 242, 244 [2005]). [read post]
New York Criminal Lawyer Blog - http://www.newyorkcriminallawyer-blog.com/
Labor Law Issues Divide First Department Bench
9 Sep 2010, 8:33 am by ADeStefano
The decision of the Court of Appeals in Runner v NYSE (13 NY3d 566 [2009]) reared its head once again in the dissent by Justice Moskowitz (see blog of 8/31/10). [read post]
New York Appellate Law Blog - http://mlnappeals.blogspot.com/
Insured's Five-Month Delay in Notifying Its Liability Insurer of Assault in Insured's Bar Found Unreasonable As a Matter of Law
2 Jun 2010, 4:50 am
Co., 4 NY3d 332, 339 [2005]). [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
Bargaining away an appointing authority's right to eliminate positions or terminate or lay off workers for budgetary, economic or other reasons
8 Jul 2019, 4:00 am by Public Employment Law Press
Subsection 1 requires a minimum staffing level of 36 firefighters, organized into four platoons of nine persons each. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/