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Category Archives: Injury

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Contracts indemnifying third parties may be voided by law

Posted on October 9, 2013 by admin

The New York legislature has proposed bill A05026 wherein General Obligations Law Section 5-322.1 would be amended to forbid an agreement to indemnify a promisee for damages caused by third party negligence.  Section 5-322.1 already forbids indemnification agreements that seek … Continue reading →

Posted in Construction Contracts, Injury, Void Contract Provisions

Legislature contemplates whether builders of one family residential homes should be exempt from Labor Law 240 and 241

Posted on September 15, 2013 by admin

Bill A02866 proposes that builders of new one-family residential homes will be given the same “exemption” from liability for Labor Law 240 and 241 claims that owners of one-family residential homes have enjoyed for years. Vincent T. Pallaci is a … Continue reading →

Posted in Construction Safety, Injury

Construction Manager Liability

Posted on December 7, 2012 by VTP

For the purposes of Labor Law §§ 240 and 241, construction managers are typically not deemed  a contractor or agent of a contractor. Borbeck v. Hercules Construction Corp., 48 A.D.3d 498 (2nd Dep’t 2008). However, if a construction manager has … Continue reading →

Posted in Construction Litigation, Construction Safety, Injury

What to do if someone was injured on your construction site in New York

Posted on December 5, 2012 by admin

Injuries are an unfortunate part of construction. Whether it is an injured worker or just someone passing through, injuries can have a devastating impact on contractors. After dealing with the immediate medical needs, the contract must turn its attention to … Continue reading →

Posted in Injury, Insurance

Failure to Timely Notify Insurance Carrier of Injury on Construction Site Results in Denial of Coverage

Posted on September 4, 2012 by admin

In QBE v. D. Gangi Contracting Corp. the Appellate Division, First Department, addressed the all too common problem of an insured contractor failing to provide its commercial general liability insurance carrier with timely notice of the plaintiff construction worker’s injury. … Continue reading →

Posted in Injury, Insurance

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KUSHNICK PALLACI PLLC

Phone: 1-631-752-7100
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Servicing New York State from our Long Island and Buffalo locations:

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Bohemia, NY 11716
Phone: 631-752-7100

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Williamsville, NY 14221
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Kushnick Pallaci, P.L.L.C., is a construction, business, insurance, labor and employment, and real estate law firm serving communities in New York and the
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