Tuesday, April 25, 2017

The Labor Law and the interpretation of an Industrial Code regulation.

Practice point:  The interpretation of an Industrial Code regulation presents a question of law for the court. In interpreting a regulation, the Court must assume that the promulgating agency did not deliberately put in the regulation a phrase that was intended to serve no purpose, and each word must be read and given a distinct and consistent meaning.

CasePruszko v. Pine Hollow Country Club, Inc., NY Slip Op 03025 (2d Dep't April 19, 2017)

Here is the decision. 

Tomorrow's issue:  Opposing a summary judgment motion.