Julian D. Ehrlich, senior vice president, claims, for Aon Construction Solutions Group, writes that in 1985, the Court of Appeals described §240 as "self executing" and "mandatory," establishing its own "unvarying standard," but recent cases demonstrate that the court's interpretation of this strict liability statute has moved away from a simple literal interpretation toward a nuanced emphasis on circumstantial reasonableness.
The Fall of a Literal Interpretation of Labor Law §240
New York Law Journal
April 11, 2012
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