 Note from David R. Adams:
Well, we have reached the end of another year, and we are happy to announce further growth here on the Hurwitz Fine Labor Law Team. Jessica Deren and Marten Violante have joined us here in Buffalo. Both are experienced attorneys with extensive experience dealing with complex, multi-party litigation, and risk transfer. They are a welcome addition to the team.
This month marks the start of our 15th year of providing this newsletter to our friends and colleagues, summarizing and more importantly, analyzing, every Labor Law and associated Risk Transfer case from all departments and the Court of Appeals.
Coming very soon is our analysis of the AVOID Act, putting very tight timelines on third-party practice, a situation particularly onerous and burdensome to the Labor Law defense community. More to come on that.
We wish you all a Happy Holiday season and thank you all for subscribing. This special Christmas Carol was fun to write, and I hope you enjoy reading it as much as I enjoyed writing it.
Wishing a Happy and Healthy New Year to you all.
David
David R. Adams
Hurwitz Fine P.C.
The Liberty Building
424 Main Street, Suite 1300
Buffalo, New York 14202
Phone: 716.849.8900
Direct: 716.849.8916
Fax: 716.855.0874
Cell: 716.553.6901
Email: [email protected]
HF Website: www.hurwitzfine.com
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A Visit to the Construction Site
or
‘Twas the Night Before Construction
By David Adams
(with apologies to Clement Clark Moore)
‘Twas the night before Christmas and down at the site,
Not a tradesmen there was working, no one hanging a light;
The impalement protection hung by the shaft with great care,
Just in case an OSHA inspector decided to look over there.
The power tools were locked in the biggest gang box,
While the neighborhood kids pummeled windows with rocks;
The guard in his uniform and I in hard hat,
Had just opened a bottle from an old dusty vat;
When up on the third floor there arose such a sound,
That I flew up the ladder without touching the ground.
Away to the scaffold I ran looking spastic,
Jumped into the abatement area, and tore open the plastic.
The security light, on the beams of the just ‘rected structure,
Gave a look of great progress to this new joint venture,
When what through my tempered safety glasses did appear,
But a tipped over ladder and some broken veneer,
With a little old worker, looking injured and stiff,
I knew right away that he’d become a plaintiff.
More rapid than vultures the attorneys they came,
And they pushed and they shoved and called out his name,
“No I saw him first”, and “Who tipped that ladder”,
“Oh please just stand back, I will handle this matter!”
I filed pre-suit discovery on my way over here,
Said the one from the billboard, two phones to his ear.
As squirrels before racing trucks would flee,
When faced with an accident they giggled with glee.
So up to the scaffold the attorneys they flew,
With cards, blank retainers, and golden pens too.
And then in a twinkling I saw on the floor,
A harness, a lanyard, right there by the door.
As I stepped over closer and was looking around,
Plaintiff, he donned it, with a distinct clicking sound.
It was yellow and black with a sliding back ring,
And to keep you from falling, it was just the right thing;
So there, on the worksite, a safety device,
Appropriate and available, now isn’t that nice!
His leg how he held it, his arm it looked bad,
But the issue to my mind, what instruction he’d had.
Was he told to tie off, was he told not to climb,
Was he told to have the ladder be held every time?
He had a pleasant face with a small little slice,
It bled as he rubbed it, which he seemed to find nice.
He was looking around, from lawyer to lawyer,
Asking each one “Can I sue my employer?”
With a wink and a nod, the attorney he said,
There are ways and I know them, you have nothing to dread.
We have us that statute, it’ll make you quite wealthy,
It will fill up your bank book and make you feel healthy.
We lawyers of course live just on a third,
Taking anything else, would be quite absurd.
He spoke not a word but started his notes,
With theories of gravity and dreams of new boats,
The ladder has shifted, of that he was sure,
It gave him 240, without a detour.
Plaintiff sprang to his feet and grabbing a pen,
He signed the retainer from the nice billboard men.
And I heard him exclaim “Hey I fell from a height”,
Happy Christmas to all and to all a good night.
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Labor Law Pointers
Editor
David R. Adams
Associate Editor
Eric D. Andrew
Associate Editor
Patrice C. S. Melville
Associate Editor
Ashley M. Cuneo
Associate Editor
Tyler J. Eckert
Associate Editor
Jessica L. Deren
Associate Editor
Marten R. Violante
Labor Law Team
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David R. Adams, Team Leader
[email protected]
Patrice C.S. Melville
[email protected]
Brian F. Mark
[email protected]
Elizabeth K. Ognenovski
[email protected]
Bradon S. Carlson
[email protected]
Joseph P. Mendoza
[email protected]
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Hurwitz Fine P.C.
Buffalo
The Liberty Building, 424 Main Street, Suite 1300, Buffalo, NY 14202
Phone: 716-849-8900, Fax: 716-855-0874
Long Island
25 Melville Park Road, Suite 260, Melville, NY 11747
Phone: 631-465-0700, Fax: 631-465-0313
Rochester
100 Office Park Way, Pittsford, NY 14534
Phone: 585-454-6850, Fax: 585-270-4572
Albany
Phone: 518-641-0398
Additional Offices
Albion | Amherst | Hartford, CT | Englewood, NJ | Niagara Falls
Hurwitz Fine P.C. is a full-service law firm providing legal services
throughout the State of New York
www.hurwitzfine.com
© 2025, Hurwitz Fine P.C. All Rights Reserved
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