Personal Injury Questions Answered

New York Law Journal

February 22, 2010
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Can Injured, Undocumented Construction Workers Recover Lost Wages?

David L. Scher, an associate at Block O'Toole & Murphy, and Stephen J. Murphy, a partner with the firm, write: The Balbuena decision was unquestionably a victory for undocumented workers disabled by workplace injuries, but it left open the question of whether an undocumented worker who obtained employment by presenting fraudulent documentation is entitled to recover lost wages. While the Court of Appeals has not yet weighed in, the First and Second Departments have expressed their opinions on that question.

The Gravity of the Labor Law

Kevin G. Faley, a partner with Morris Duffy Alonso & Faley, writes: "Over the years, the Court of Appeals and the appellate divisions have dealt with thousands of claims invoking the protection of Labor Law §240(1). As the courts examine these very fact-driven cases against the backdrop of this well-worn statute, they have created not a bright line rule on what is or is not a 240(1) claim, but rather a line of varying shades of gray."

Effective Post-Verdict Motions

Ellen B. Fishman, a partner at Martin Clearwater & Bell, reviews the key steps that counsel should take in civil cases when the verdict goes against them. Moving to set aside a verdict can be a cost-effective route to getting relief from an adverse outcome, substantially reducing damages awards or setting the stage for a viable appeal.

Lead Paint Litigation: An Overview

Brian P. Heermance, a partner at Morrison Mahoney, and Kevin A. Hickman, an associate at the firm, write: Because of the substantial verdicts at stake, litigation over the responsibility for exposure to lead-based paint has been hotly contested throughout the country. Before engaging in any such litigation, counsel should be aware of the various peculiarities regarding lead paint cases in New York courts.

Failure to Act Quickly Harms False Arrest Claims

Joseph S. Bavaro, a partner at Salenger, Sack, Schwartz & Kimmel, and Carolyn Caccese, an associate at the firm, write: With criminal charges pending, a defendant is typically more concerned with the immediate legal battle for freedom than with suing the municipality for false arrest. As reasonable as that sounds, it is not a recognized excuse for filing a late notice of claim. Time is of the essence to get your client a just day in court.