Category: Personal Injury
A Reversal of Fortune
By: Robert P. Valletti, Esq. The First Department reversed a grant of Summary Judgment in favor of defendants in the case of Augustyn v City of New York and in found in favor of the plaintiff...
Another Worker Injured at WTC Construction Site
By: Robert Valletti, Esq. As Tower 4 of the new World Trade Center, endearingly named the “Freedom Tower,” nears completion in downtown Manhattan, the number of injuries sustained due to the ongoing construction continues to rise along...
A Difference of Opinion: First and Second Departments Differ over Whether a Provision of the New York State Industrial Code can Support a Claim under Labor Law §241(6)
By: Robert P. Valletti, Esq. New York Labor Law §241(6) is unique: it requires a plaintiff to show a violation of a provision of Part 23 of the New York State Industrial Code. In Ross...
A Nexus between Laws: Where Labor Laws §240(1) and §241(6) Overlap
By: Robert P. Valletti Despite the fact that cases often allege violations of both Labor Laws §240(1) and §241(6), there are vast differences between the two statutes, such as when one section will aply and...
The Breadth of Accidents Covered by Labor Law §240(1): Andresky v. Wenger Construction Co.
By: Robert P. Valletti Defense Attorneys seek alternative avenues to try and beat the liberally construed plaintiff-friendly Labor Law §240(1). The main defenses include doctrines such as sole proximate cause and failure to use safety...
OSHA’s Construction “Fatal Four”
The Occupational Safety & Health Administration (OSHA) is a federal organization under the U.S. Department of Labor. The agency’s number one task is to oversee job safety throughout all sectors in the country. For construction...
