Just open up the Law Journal, read the advance sheets or look at your own cases; For every good decision by the Court, there is a "bad one". Yes, if you perfect your appeal, you can"right the wrong"....but this is expensive, time consuming and difficult to swallow for a client. Unfortunately, some attorneys don't even want to be bothered with an appeal...not good!
Recently another questionable decision was rendered on a 240(1) Labor Law case in Rodriguez vs D&S . In that case Justice Markey ruled that hoisting concrete slabs over a truck was not considered part of the work site.
Result: Summary judgment for the defendant. Read the decision....What do you think?
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