Appellate Division, Second Department · March 18, 2026 · 252 AD3d 217
Fabia v Power Auth. of the State of N.Y.
Read the official decision: 252 AD3d 217
Holding The court held that the plaintiff’s claims for common-law negligence and violation of Labor Law § 200 are not entirely preempted but may proceed by substituting the federal standard of care. Conversely, claims under Labor Law §§ 240(1) and 241(6) were dismissed because their strict liability standards conflict with federal aviation regulations.
The court’s words
the effect of preemption of a state standard of care is not to preclude recovery
252 AD3d 217, at the official text
Strict liability claims, however, are preempted in their entirety and must be dismissed
252 AD3d 217, at the official text
the plaintiff was inside of the helicopter and, indeed, copiloting it when it came into contact with the power lines
252 AD3d 217, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | March 18, 2026 |
| Citation | 252 AD3d 217 |
| Area of law | Civil Rights and Constitutional Law · Labor Law and Construction Accidents |
| Week | Week ending March 21, 2026 |
| Official text | Official decision: 252 AD3d 217 |
| Source feed | New York advance sheet: 26nyadv43.pdf |
| Law Watch record id | 1686 |
| Caption in the source feed | FABIA v POWER AUTH. OF N.Y. |
Recommended citation
ESQ HQ, New York Law Watch, Fabia v Power Auth. of the State of N.Y., 252 AD3d 217 (Appellate Division, Second Department, March 18, 2026), https://esqhq.com/decisions/252-ad3d-217/
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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