Appellate Division, Second Department · October 14, 2026 · 2026 NY Slip Op 05963
Neil v Areeba, Inc.
Read the official decision: 2026 NY Slip Op 05963
Holding The court reversed the denial of leave to amend the complaint to add a Labor Law § 200 claim, finding it was not palpably insufficient. However, the court affirmed the denial of leave to add a Labor Law § 240(1) claim because the plaintiff’s duties as a porter did not involve the erection or demolition of a structure.
The court’s words
Leave to amend a pleading should be freely given provided the amendment is not palpably insufficient
2026 NY Slip Op 05963, at the official text
the task in which an injured employee was engaged must have been performed during the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure
2026 NY Slip Op 05963, at the official text
the protection of Labor Law § 200 is not confined to construction work but covers all places to which the Labor Law applies
2026 NY Slip Op 05963, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 14, 2026 |
| Citation | 2026 NY Slip Op 05963 |
| Area of law | Personal Injury and Negligence · Labor Law and Construction Accidents |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05963 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1200 |
Recommended citation
ESQ HQ, New York Law Watch, Neil v Areeba, Inc., 2026 NY Slip Op 05963 (Appellate Division, Second Department, October 14, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05963/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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