Labor Law.

Practice point: A plaintiff's rewiring of defendant's telephone system constitutes an altering of the premises, which falls within the ambit of construction work, pursuant to Labor Law § 241(6).

Case: Becker v. ADN Design Corp., NY Slip Op 04634 (2d Dept. 2008)

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Labor Law.

Practice point: The relationship necessary for Labor Law liability depends on whether the plaintiff was "permitted or suffered to work" on the premises, pursuant to Labor Law § 2[7], in fulfillment of an obligation, even if the benefit bestowed in exchange for the work was nonmonetary, pursuant to Labor Law § 2[5].

Case: Aloise v. Saulo, NY Slip Op 04629 (2d Dept. 2008)

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Administrative Law.

Practice point: At a disciplinary hearing on allegations of workplace violence, 911 recordings are admissable since they are not official records relating to the employee's arrest or prosecution, and thus are not subject to the sealing statute, pursuant to CPL 160.50.

Case: Dockery v. New York City Hous. Auth., NY Slip Op 04753 (1st Dept. 2008)

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Service of process.

Practice point: A plaintiff can establish personal jurisdiction, pursuant to CPLR 308(2), when the process server delivers the summons with notice to a security guard at defendant's place of business, and also mails a copy to defendant's place of employment.

Case: Schorr v. Persaud, NY Slip Op 04440 (1st Dept. 2008)

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Labor Law § 240(1)

Practice point: There is no Labor Law § 240(1) liability when a worker, who had been properly equipped with safety devices, is injured after stepping into a hole in the sidewalk while exiting the bridge he had been painting.

Case: Andrade v. Triborough Bridge & Tunnel, NY Slip Op 04437 (1st Dept. 2008)

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Article 81.

Practice point: An annulment of marriage is an available remedy in an article 81 proceeding.

Case: Kaminester v. Foldes, NY Slip Op 04557 (1st Dept. 2008)

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The "storm in progress" rule.

Practice point: A property owner is not liable for accidents resulting from the accumulation of snow and ice on its premises until, after the storm has passed, the owner has had adequate time to ameliorate the hazards caused by the storm.

Case: Marchese v. Skenderi, NY Slip Op 04326 (2d Dept. 2008)

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Change of venue.

Practice point: A defendant's timely motion to change venue is properly noticed and heard in the county which defendant specifies as proper, pursuant to CPLR 511(a),(b).

Case: Kuzmin v. Nevsky, NY Slip Op 04324 (2d Dept. 2008)

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Adverse possession.

Practice point: If a municipality owns property in its governmental capacity, it cannot lose title through adverse possession.

Case: Gallo v. City of New York, NY Slip Op 04316 (2d Dept. 2008)

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The emergency doctrine.

Practice point: The emergency doctrine provides that when a person is faced with a sudden and unexpected situation which is not of the person's own making, and which leaves little or no time for deliberation, no negligence will attach if the person took reasonable and prudent action.

Case: Francis v. Guzman, NY Slip Op 04315 (2d Dept. 2008)

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Fraud.

Practice point: Liability for fraud may be premised on knowing participation in a scheme to defraud, even if that participation does not by itself suffice to constitute a fraud.

Case: Danna v. Malco Realty, Inc., NY Slip Op 04309 (2d Dept. 2008)

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